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U.S. Supreme Court Refuses To Apply FDCPA To Purchasers Of Debt But Leaves Potential Arguments For Applicability Undecided
  • Kane Russell Coleman Logan PC
  • USA
  • June 12 2017

The Fair Debt Collection Practices Act (“FDCPA”) authorizes private lawsuits and fines to deter abusive collection efforts by “debt collectors”a term

Supreme Court: Debt Buyers Collecting Debts That They Own Are Not “Debt Collectors” Under FDCPA
  • Burr & Forman LLP
  • USA
  • June 13 2017

On June 12, 2017, the Supreme Court in Henson v. Santander Consumer USA Inc. unanimously held that a debt buyer is not a "debt collector" as defined

Consumer Financial Data Aggregation & the Potential for Regulatory Intervention
  • Davis Wright Tremaine LLP
  • European Union, United Kingdom, USA
  • June 7 2017

A confluence of regulatory activity and policy debates seems to be laying the groundwork for future regulation of consumer financial data aggregation

Supreme Court Holds that a Person May Collect Defaulted Debts Purchased for Its Own Account Without Triggering the FDCPA
  • Buckley Sandler LLP
  • USA
  • June 14 2017

On June 12, the United States Supreme Court issued a ruling in Henson v. Santander Consumer USA Inc., affirming the Fourth Circuit's holding that

Supreme Court Rejects FDCPA Coverage of Debt Buyers, Settling Circuit Split
  • Venable LLP
  • USA
  • June 14 2017

Companies that purchase and service default accounts for their own account are not considered "debt collectors" under the Fair Debt Collection

The Fourth Circuit Finds No Article III Injury in Fair Credit Reporting Act Case
  • Fenwick & West LLP
  • USA
  • May 17 2017

The U.S. Court of Appeals for the Fourth Circuit held that the Plaintiff’s allegations that Experian denied him access to information to which he was

Taking a security interest in a closely held business
  • Sherman & Howard LLC
  • USA
  • November 1 2012

If a loan or extension of credit requires collateral, banks prefer collateral that is readily marketable rather than taking a security interest in a closely-held business

D.C. Circuit Hears Constitutional Arguments on SEC ALJs and CFPB's Structure
  • Venable LLP
  • USA
  • May 25 2017

The D.C. Circuit heard oral arguments on May 24 in two cases arising from federal agency administrative adjudication, PHH Corp. v. CFPB and Lucia v

Supreme Court Holds Debt Buyers Not Subject to FDCPA
  • Duane Morris LLP
  • USA
  • June 15 2017

This decision may interest and benefit certain purchasers of defaulted mortgage loans who later face FDCPA claims. This decision

Supreme Court: Credit-Card Surcharge Law Regulates Free Speech.
  • Jenner & Block LLP
  • USA
  • May 23 2017

New York General Business Law 518 provides that no seller may impose a "surcharge" on a customer who elects to pay with a credit card in lieu