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Fair Debt Collection Practices Act: Volume 2
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, discuss and interpret provisions of the Fair Debt Collection Practices Act. Volume 2 of the casebook covers the Sixth through the Eleventh Circuit Court of Appeals.
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Our cases explain that a debt collector is a person who engages in "the collection of a money debt" on behalf of a third party. Dowers v. Nationstar Mortgage, LLC , 852 F.3d 964, 970 (9th Cir. 2017). To trace this understanding to the statutory text, start at square one. A "debt" is "any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment." 15 U.S.C. § 1692a(5). Simplified somewhat, a "debt" is a consumer's obligation to "pay money." See Ho v. ReconTrust Co., NA , 858 F.3d 568, 571 (9th Cir. 2017). The primary definition of a "debt collector," in turn, is "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." 15 U.S.C. § 1692a(6). Because the debt must be owed or due "another," an entity that collects a debt owed itself—even a debt acquired after default—does not qualify under this definition. Henson v. Santander Consumer USA Inc. , ___ U.S. ___, 137 S. Ct. 1718, 1724, 198 L.Ed.2d 177 (2017).
The key takeaway from these statutory definitions is that the FDCPA regulates people or entities whose principal business is collecting, or who regularly collect, money owed by a consumer to a third party. [. . .]
Barnes v. Routh Crabtree Olsen PC , 963 F. 3d 993 (9th Cir. 2020)
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Our cases explain that a debt collector is a person who engages in "the collection of a money debt" on behalf of a third party. Dowers v. Nationstar Mortgage, LLC , 852 F.3d 964, 970 (9th Cir. 2017). To trace this understanding to the statutory text, start at square one. A "debt" is "any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment." 15 U.S.C. § 1692a(5). Simplified somewhat, a "debt" is a consumer's obligation to "pay money." See Ho v. ReconTrust Co., NA , 858 F.3d 568, 571 (9th Cir. 2017). The primary definition of a "debt collector," in turn, is "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." 15 U.S.C. § 1692a(6). Because the debt must be owed or due "another," an entity that collects a debt owed itself—even a debt acquired after default—does not qualify under this definition. Henson v. Santander Consumer USA Inc. , ___ U.S. ___, 137 S. Ct. 1718, 1724, 198 L.Ed.2d 177 (2017).
The key takeaway from these statutory definitions is that the FDCPA regulates people or entities whose principal business is collecting, or who regularly collect, money owed by a consumer to a third party. [. . .]
Barnes v. Routh Crabtree Olsen PC , 963 F. 3d 993 (9th Cir. 2020)
540 pages, Paperback
Published April 28, 2023
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