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Henson v. Santander Consumer USA, Inc.

137 S. Ct. 1718 (2017)

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Henson v. Santander Consumer USA, Inc.

United States Supreme Court
137 S. Ct. 1718 (2017)

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Facts

The Fair Debt Collection Practices Act (FDCPA) is a federal statute aimed at preventing debt collectors from engaging in harassing, deceptive, and unfair debt-collection tactics. The FDCPA defines the term debt collector to include anyone who “regularly collects or attempts to collect . . . debts owed or due . . . another.” Ricky Henson and others (plaintiffs) borrowed money from CitiFinancial Auto in connection with car purchases. After Henson and the other borrowers defaulted on their loans, Santander Consumer USA, Inc. (defendant) bought the defaulted loans from CitiFinancial. Santander then tried to collect payment on the loans from Henson and the other borrowers. Henson and the other borrowers sued Santander in federal district court, alleging that Santander was a debt collector as defined by the FDCPA and that Santander had engaged in debt-collection tactics that violate the statute. The district court entered judgment in Santander’s favor after concluding that Santander was not a debt collector for FDCPA purposes because Santander owned the outstanding debts and was seeking to collect the debts for itself. The court of appeals affirmed, and the United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Gorsuch, J.)

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Casebooks

Consumer Law
Debtors and Creditors

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