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More than one-third of the $11.7 billion debt collection industry revenue comes from debt buyers who buy third-party debt for just a few cents on the dollars. The 9–0 Supreme Court’s Henson v. Santander Consumer USA Inc. 2017 WL 2507342 decision now exempts banks that buy third party debt from the Fair Debt Collection Practices Act (FDCPA).
What You Will Learn
- How Henson v. Santander Consumer USA Inc. impacts the interpreting of the FDCPA to not apply to a bank that purchased some bad debts along with a portfolio of auto paper
Daniel A. Edelman is a member of the Chicago law firm of Edelman, Combs, Latturner & Goodwin, LLC. He is a 1976 graduate of the University of Chicago Law School. Virtually all of his thirteen-attorney firm’s practice involves litigation on behalf of consumers, including individual and class actions under the FDCPA, FCRA, TCPA, ECOA, TILA, and debt collection defense. He argued for the consumer in Heintz v. Jenkins, 514 U.S. 291 (1995), establishing FDCPA coverage of attorneys. He also filed the amicus brief filed by NCLC, NACA, and other consumer organizations in Henson v. Santander. Mr. Edelman is the author of numerous articles and publications on consumer protection law, including Illinois Institute for Continuing Legal Education publications and chapters on the FCPA, TCPA, TILA, and collection defense.
David J. Philipps, of Philipps & Philipps, Ltd., in southwest suburban Chicago, is a graduate of the University of Illinois College of Law and Loyola University of Chicago. He served as law clerk to Justice Benjamin K. Miller of the Illinois Supreme Court from 1987–88. David is a founding member of NACA (1995) and is a member of its board of directors. David’s practice consists mainly of litigation, on a class and/or an individual basis, on behalf of consumers who have been defrauded or subject to illegal collection activity or improper credit reporting. David has worked on and/or been appointed class counsel in about 195 cases, which have recovered more than $100,000,000 for defrauded or abused consumers. David has taught seminars throughout the country on the FDCPA to numerous consumer, regulatory, and debt collector groups.
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