Fair Debt Collection

Fair Debt Collection

The leading treatise on the FDCPA, the statute that dramatically alters how collection agencies, debt buyers and attorneys collect consumer debts.

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Henson v. Santander

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.

This webpage will be updated as more materials become available. Please email This email address is being protected from spambots. You need JavaScript enabled to view it. with any submissions of relevant materials.

General Henson Analysis

Model Language for Henson Briefs

  • Model brief by Edelman, Combs, Latturner & Goodwin, LLC attorney Daniel Edelman (doc) (pdf), June 21, 2017

Sample Henson Briefing

Sample Complaints Against Debt Buyers

Additional Resources

  • Henson v. Santander Consumer USA Inc. Supreme Court Decision, June 12, 2017.
  • National Association of Consumer Advocates (NACA) webinar: Henson v. Santander Consumer USA Inc., June 28, 2017.  Cost: $40 (NACA member); $75 (Non-member). Note: Non-members of NACA must be vetted prior to purchasing. Please e-mail This email address is being protected from spambots. You need JavaScript enabled to view it. 
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