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Consumer Law Keyed to Pridgen, 5th Ed.
Henson v. Santander Consumer USA, Inc.
Citation:
137 S. Ct. 1718 (2017)Facts
The petitioners, Ricky Henson and others, obtained auto loans from CitiFinancial Auto to purchase vehicles. When the petitioners defaulted on their loan obligations, CitiFinancial sold these defaulted debts to Santander Consumer USA Inc. Santander then undertook collection efforts on these purchased debts, acting on its own behalf as the current owner of the debts. The petitioners filed suit alleging that Santander’s collection practices violated provisions of the Fair Debt Collection Practices Act. The central factual dispute centered on whether Santander, as a purchaser of defaulted debt collecting for its own account, should be classified as a debt collector subject to the Act’s requirements and restrictions.
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