News & Analysis as of September 22, 2024

Supreme Court of the United States › Debt Buyers

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Eleventh Circuit orders en banc rehearing in Hunstein

Sheppard Mullin Richter & Hampton LLP on 11/23/2021

On November 17, a majority of the active judges of the U.S. Court of Appeals for the Eleventh Circuit issued an order sua sponte to rehear Hunstein v. Preferred Collection and Management Services, Inc., en banc. The order...more

Lawmakers Urge Rulemaking to Overturn Madden

Manatt, Phelps & Phillips, LLP on 10/17/2019

In Madden v. Midland Funding, LLC, the Second Circuit refused to rule that the National Bank Act (NBA) pre-empted state law usury claims against an assignee of a national bank....more

Caveat Emptor: Debt Buyers Beware!

Perkins Coie on 3/21/2019

Companies whose primary business purpose is to collect debts—whether or not they actually participate in the debt collection activities—suffered a setback recently. Despite a debt purchaser’s not having any direct contact...more

From the Top In Brief - July/August 2017

Jones Day on 8/17/2017

In Midland Funding, LLC v. Johnson, No. 16-348, 2017 BL 161314 (U.S. May 15, 2017), the U.S. Supreme Court ruled that a credit collection agency does not violate the Fair Debt Collection Practices Act ("FDCPA") when it files...more

SCOTUS Limits Reach of Fair Debt Collection Practices Act

Manatt, Phelps & Phillips, LLP on 7/27/2017

In a unanimous decision, the Supreme Court narrowly interpreted “debt collector” under the Fair Debt Collection Practices Act to exclude debt purchasers engaging in collection efforts for their own accounts....more

Supreme Court Issues Two Rulings Interpreting FDCPA

Tucker Arensberg, P.C. on 7/24/2017

The Supreme Court recently issued two rulings interpreting various sections of the Fair Debt Collection Practices Act (FDCPA) in favor of creditors and certain debt buyers. The FDCPA protects debtors from unfair collection...more

Nutter Bank Report, June 2017

Nutter McClennen & Fish LLP on 6/30/2017

Supreme Court: Bank That Buys Debt for Its Own Account Is Not Debt Collector - The U.S. Supreme Court recently held that a bank that collects on debts it has bought and holds “for its own account” is not a debt collector...more

SCOTUS Issues Another Decision Affecting Parties Who Attempt To Collect On Debts

McCarter & English, LLP on 6/30/2017

The United States Supreme Court unanimously held that an entity’s efforts to recover payment of a debt purchased from a third party for its own account is not subject to the Fair Debt Collection Practices Act (the “Act”). ...more

Supreme Court Narrows FDCPA’s Definition of Debt Collector

Davis Wright Tremaine LLP on 6/28/2017

Debt buyers generally are considered “debt collectors” under the Fair Debt Collection Practices Act (“FDCPA”). However, on June 12, 2017, the Supreme Court decided Henson v. Santander Consumer USA Inc., which resolved an...more

The Supreme Court Clarifies Definition of “Debt Collector” Under FDCPA

Miles & Stockbridge P.C. on 6/27/2017

On June 12, 2017, the Supreme Court of the United States (the “Court”) issued a decision clarifying who qualifies as a “debt collector” under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692, et seq. In the...more

Good News for Revenue Cycle Management Companies - Recent Supreme Court Decision on the Scope of the Fair Debt Collection...

Chambliss, Bahner & Stophel, P.C. on 6/26/2017

The U.S. Supreme Court, in its June 12, 2017, decision, Henson v. Santander Consumer USA, Inc., resolves and clarifies key questions with respect to the applicability of the Fair Debt Collection Practices Act ("FDCPA") in a...more

SCOTUS Rules No Expansion to Definition of Debt Collector Under FDCPA

Rumberger | Kirk on 6/20/2017

In Justice Gorsuch’s first written opinion, the Supreme Court unanimously upheld a ruling by the Fourth Circuit Court of Appeals that declined to expand the Fair Debt Collection Practices Act’s (“FDCPA”) definition of “debt...more

Debt Collector Defined: Supreme Court Exempts Debt Purchasers

McGuireWoods LLP on 6/20/2017

On behalf of a unanimous Supreme Court, Justice Neil Gorsuch delivered his first opinion on June 12 to determine whether debt purchasers fall within the statutory language under the Fair Debt Collection Practices Act (FDCPA)...more

In Justice Gorsuch’s First Opinion, Supreme Court Holds That Debt Buyers Are Exempt From Fair Debt Collection Practices Act

Eversheds Sutherland (US) LLP on 6/16/2017

On June 12, 2017, the U.S. Supreme Court held in Henson v. Santander Consumer USA that the Fair Debt Collection Practices Act does not apply to debt buyers, as opposed to debt collectors working on behalf of loan originators....more

Supreme Court Holds Debt Buyer Not Subject to FDCPA

Dorsey & Whitney LLP on 6/16/2017

On June 12, 2017, the U.S. Supreme Court upheld the Fourth Circuit’s decision in favor of Santander Consumer USA, Inc. (“Santander”) under the Fair Debt Collection Practices Act (“FDCPA”). In his first written opinion, the...more

Two Key Takeaways from the Defendant’s FDCPA Win in Henson v. Santander

Bradley Arant Boult Cummings LLP on 6/16/2017

The United States Supreme Court issued a significant decision in Henson v. Santander Consumer USA, Inc. drastically restricting the universe of companies subject to potential liability under the Fair Debt Collection Practices...more

SCOTUS Says Debt Purchasers Are Not Debt Collectors

Baker Donelson on 6/16/2017

Debt purchasers attempting to collect on those debts across multiple jurisdictions now have uniform law that they are not debt collectors subject to the FDCPA. On June 12, in a unanimous decision, the United States Supreme...more

The Debt Buying Industry Breathes a Sigh of Relief: Supreme Court Rules for Debt Buyer on FDCPA Claim

Parker Poe Adams & Bernstein LLP on 6/15/2017

Here we are nearing the end of another U.S. Supreme Court term, and it has been a busy one in the creditors’ rights arena – and a particularly good one for debt buyers. On June 12, 2017, the Supreme Court issued its second...more

Defaulted Debt Buyer Does Not Collect Debts “Due Another” Under FDCPA, SCOTUS Rules

Ballard Spahr LLP on 6/15/2017

The U.S. Supreme Court has unanimously ruled that a purchaser of defaulted debt did not qualify as a debt collector under the Fair Debt Collection Practices Act (FDCPA) because it did not collect debts "due another", but...more

United States Supreme Court Limits Definition of Debt Collector Under the Fair Debt Collection Practices Act

Bracewell LLP on 6/14/2017

On June 12, 2017, the United States Supreme Court issued an opinion resolving a circuit court split as to whether a company that collects debts that it purchased for its own account would fall within the statutory definition...more

In Unanimous Decision, SCOTUS Shields Debt Buyers From Reach of FDCPA But Important Questions Still Remain

Hinshaw & Culbertson LLP on 6/14/2017

Just two months after hearing argument in Henson v. Santander Consumer USA, Inc., the Supreme Court declined the opportunity to expand the Fair Debt Collection Practices Act ("FDCPA") to debt buyers. In an earlier blog post,...more

Supreme Court: Debt Buyers Collecting Debts That They Own Are Not "Debt Collectors" Under FDCPA

Burr & Forman on 6/14/2017

On June 12, 2017, the Supreme Court in Henson v. Santander Consumer USA Inc. unanimously held that a debt buyer is not a “debt collector” as defined by the Fair Debt Collection Practices Act (“FDCPA”) if it is regularly...more

So Who Really Is A ‘Debt Collector’ Under The FDCPA?

Fox Rothschild LLP on 6/14/2017

When the Fair Debt Collection Practices Act became law in 1977, it promised to regulate the conduct of anyone who “regularly collects or attempts to collect … debts owed or due … another.” But the courts have divided over...more

U.S. Supreme Court Excludes Banks Collecting Purchased Delinquent Debt from Definition of “Debt Collector” under the FDCPA

Blank Rome LLP on 6/14/2017

Action Item: Banks and other consumer finance firms that purchase delinquent debt and then collect on their own behalf are not “debt collectors” under the Fair Debt Collection Practices Act. However, this limitation still...more

The Supreme Court Delivers a Unanimous Opinion in favor of Debt Purchasers

Burr & Forman on 6/13/2017

In today’s political environment, having unanimous support on an issue is exceedingly difficult particularly on issues emanating from our Executive and Legislative branches of government. Hope springs eternal however, and...more

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Supreme Court of the United States › Debt Buyers

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