Henson v. Santander Consumer USA Inc.

137 S. Ct. 1718 (2017)

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Nature of the Case

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Facts

The FDCPA authorizes private lawsuits and weighty fines designed to deter wayward debt collection practices. The act defined a “debt collector[s],” as a term embracing anyone who “regularly collects or attempts to collect . . . debts owed or due . . . another.” 15 U.S.C. §1692a(6). CitiFinancial Auto loaned money to Ps seeking to buy cars. Ps defaulted on those loans; and D purchased the defaulted loans from CitiFinancial and sought to collect in ways that Ps believe violated the Act. The district court and Fourth Circuit held that D didn't qualify as a debt collector because it did not regularly seek to collect debts “owed . . . another” but sought instead only to collect debts that it purchased and owned. The Supreme Court granted certiorari.