The Supreme Court on June 12 in Henson v. Santander Consumer USA Inc., __ U.S. __, 2017 WL 2507342 (June 12, 2017)held that debt buyers are not covered under the FDCPA’s second definition of debt collector because they do not collect debts owed to another. This webpage provides resources to consumer attorneys litigating cases against debt buyers whose principal business is buying defaulted debt.
General Henson Analysis
- FDCPA Coverage of Debt Buyers: Implications of Supreme Court's June 12 Ruling in Henson by NCLC attorney April Kuehnhoff, June 15, 2017.
Model Language for Henson Briefs
- Model brief by Edelman, Combs, Latturner & Goodwin, LLC attorney Daniel Edelman (doc) (pdf), June 21, 2017 (updated March 16, 2018)
Sample Complaints Against Debt Buyers
- LVNV Funding, LLC (N.D. Ill. June 15, 2017)
Sample Henson Briefing
- Barbato v. Greystone Alliance, L.L.C., Case No. 18-1042 (3d Cir.)
- Bueno v. Mel S. Harris and Associates, LLC, et al., Case No. 1:16-cv-04737-WFK-VMS (E.D.N.Y.)
- Chenault v. Credit Corp Solutions, Inc., Case No. 16-cv-5864 (E.D. Pa.)
- McMahon v. LVNV Funding, LLC, Case No. 12-cv-1410 (N.D. Ill.)
- Mitchell v. LVNV Funding, LLC, Case No. 12-cv-523 (N.D. Ind.) (Motion to Reconsider and Reply)
- Reygadas v. DNF Assoc., L.L.C., Case No. 18-cv-2184 (W.D. Ark.) (Amended Complaint and Opposition to Motion to Dismiss)
- Schweer v. HOVG, L.L.C., Case No. 16-cv-1528 (M.D. Pa.)
- Tepper v. Amos Fin., L.L.C., Case No. 15-cv-5834 (E.D. Pa.)
- Tepper v. Amos Fin., L.L.C., Case No. 17-2851 (3d Cir.) (Barbato amicus)
- Henson v. Santander Consumer USA Inc. Supreme Court Decision, June 12, 2017.
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