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The [Un]Fair Debt Collection Practices Act: A Critique Of Henson V. Santander, Monica Paladini
The [Un]Fair Debt Collection Practices Act: A Critique Of Henson V. Santander, Monica Paladini
Pepperdine Law Review
Congress was clear about its purposes and motivations behind enacting the Fair Debt Collection Practices Act of 1977. Namely, it set out to protect consumers from abusive debt collectors and to protect ethical debt collectors from being competitively disadvantaged by those who employ abusive tactics. Although Congress gave much time and effort to crafting the definition of “debt collectors” at the time of the Act’s passage, changes in the debt collection industry over the last four decades have greatly impacted the scope and reach of the FDCPA. Specifically, the advent and rise of debt purchasing have introduced an entirely new …
Gorsuch's Purgatory: Attempting To Define Debt Collector Under The Fair Debt Collection Practices Act, Matthew Haan
Gorsuch's Purgatory: Attempting To Define Debt Collector Under The Fair Debt Collection Practices Act, Matthew Haan
Georgia State University Law Review
Part I of this Note provides background on the FDCPA and the federal agencies charged with its enforcement. Part I also provides background on judicial analysis of the FDCPA before Henson v. Santander and explains the nature of the Supreme Court’s decision. Part II analyzes the ramifications of Henson v. Santander for debtors and debt purchasers. Part II also analyzes how the Supreme Court’s decision can affect the CFPB. Part III proposes and discusses a three-tiered solution that involves congressional and CFPB action and discusses what would happen if Congress and the CFPB left the solution up to the courts.