Yesterday, the 11th Circuit Court of appeals issued a substitute opinion in Hunstein vs. Preferred Collection & Management Services, Inc , 994 F.3d 1341 (11th Cir. 2021), which now stands in place of the original opinion. Although the substitute opinion does not change the holding of the case, it now includes a scathing dissent, which may pave the road for the defense of copycat cases across the country.
On April 21, 2021, when the original opinion holding that (a) the consumer had standing to bring the action; and (b) transmitting data to a mail vendor is an unauthorized third-party disclosure, all three of the judges on the panel (Newsom, Jordan, and Tjoflat) were united in that decision. In yesterday’s substitute opinion, Judge Tjoflat issued a dissent that makes it clear he no longer agrees with the majority’s holding; the tension between the majority opinion and the dissent was palpable throughout all 65 pages of the opinion.
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