Posts by Barron & Newburger
Henson v. Santander: For Debt Buyers, Neither Smoke Nor Fire
In his debut opinion, Justice Neil M. Gorsuch wrote for a unanimous United States Supreme Court, holding that banks and financial companies that purchase and collect defaulted debt are not “debt collectors” under the Fair Debt Collection Practices Act. At first blush, the Court’s affirmance of the Fourth Circuit’s holding in Henson, et. al. v.…
Read MoreRegulatory Litigation and Operational Lessons
The CFPB recently issued its annual report on the Fair Debt Collection Practices Act. This report contains the thoughts of the CFPB and FTC enforcement actions which point to legal and operational issues in need of resolution by industry players who wish to stay ahead of the enforcement trends of the industries regulators. Reviewing the…
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