You Can Buy Your Debt and Collect It Too: Henson v. Santander Consumer USA, Inc.
By Cassandra Nielsen, Rubin & Levin PC
Easily one of the most litigated area in collections law, the Fair Debt Collections Practices Act (“FDCPA”), 15 USC § 1962 et. seq., can be a legal quagmire for those engaged in debt collection. Under the FDCPA, the term “debt collector” refers to “any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another” in the personal, family, or household context.
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