Jason Tompkins and Jonathan Hoffmann Authored Article for American Bar Association Consumer Litigation Newsletter Regarding FDCPA Decision
Jason Tompkins, partner in the firm’s Birmingham office and member of the Litigation Practice, and Jonathan Hoffmann, attorney in the firm’s Birmingham office and member of the Creditor’s Rights & Bankruptcy Practice, authored an article for the Consumer Litigation newsletter (Volume 17, Issue 2), published by the American Bar Association’s Section of Litigation.
The article is entitled “Henson v. Santander: Debt Purchasers Versus Debt Collectors,” and discusses a recent Supreme Court opinion in which the Court held that debt purchasers collecting on their own debts fall outside one definition of "debt collector" under the Fair Debt Collection Practices Act (FDCPA). The decision is the second Supreme Court ruling of the October 2016 term that concerns the FDCPA, following Midland Funding, LLC v. Johnson, in which Balch attorneys secured a victory on behalf of Midland Funding, one of the nation’s largest buyers of unpaid debt.
In the article, Jason and Jonathan outline the decision and discuss its importance, providing insight into how the Supreme Court’s decision in Henson may impact other legislation or the business practices of debt buyers.