RICHARD HUNSTEIN
v.
PREFERRED COLLECTION AND MANAGEMENT SERVICES, INC.

11th Cir. | 2021-11-17
No. 19-14434
17 F.4th 1103 Court of Appeals for the Eleventh Circuit (2021) Positive Treatment
Cited by 10 cases

Opinion of the Court

A judge of this Court having requested a poll on whether this case should be reheard en banc, and a majority of the judges of this Court in active service having voted in favor, the Court sua sponte ORDERS that this case will be reheard en banc. The panel's opinion is VACATED.


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  • …ing that such logic “swe[pt] much more broadly than TransUnion would allow.” Id. at 1038 (Tjoflat, J., dissenting). Following the revised opinion, our full Court voted to take the case en banc. Hunstein v. Preferred Collection & Mgmt. Servs., Inc., 17 F.4th 1103, 1104 (11th Cir. 2021). We now consider, in light of Spokeo, Muransky, and TransUnion, whether Hunstein has standing. II. We review Article III standing de novo. Muransky, 979 F.3d at 923. A plaintiff must support “each element” of standing with "…
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  • …iff standing to sue in federal court. See Hunstein v. Preferred Collection & Mgmt. Servs., Inc., 994 F. 3d 1341, 1348–1349 (11th Cir.), opinion vacated and superseded on reh'g, 17 F. 4th 1016 (11th Cir. 2021), reh'g en banc granted, opinion vacated, 17 F. 4th 1103 (11th Cir. 2021), and on reh'g en banc, 48 F. 4th 1236 (11th Cir. 2022). Accordingly, it is ORDERED: 1. Plaintiff's Motion to Remand to State Court (Doc. 15) is GRANTED in part to the extent it seeks remand. Plaintiff's request for attorney’…
  • …ein I), 17 F. 4th 1016 (11th Cir. 2021). Less than a month later, the Eleventh Circuit vacated the second Hunstein opinion and decided to rehear the case en banc. See Hunstein v. Preferred Collection & Mgmt. Servs., Inc. (Hunstein III), 17 F. 4th 1103, 1104 (11th Cir. 2021). NACS moves to stay the case until the Eleventh Circuit releases a new opinion in the Hunstein saga. Ferrari opposes the motion. She argues that a stay prejudices her because it delays the vindication of her right…

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