Henson v. Santander Consumer USA, Inc.

Plaintiffs, four Maryland consumers, filed suit against Santander and its agents, alleging that defendants violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.1692-1692p, by engaging in prohibited collection practices when collecting on plaintiffs’ automobile loans. The court affirmed the district court's grant of Santander's motion to dismiss on the ground that the complaint did not allege facts showing that Santander qualified as a “debt collector” subject to the FDCPA. The court concluded that the FDCPA generally does not regulate creditors when they collect debt on their own account and that, on the facts alleged by plaintiffs, Santander became a creditor when it purchased the loans before engaging in the challenged practices. View "Henson v. Santander Consumer USA, Inc." on Justia Law