Constitutional Law Reporter
Award
Menu
  • Home
  • US Constitution
  • Supreme Court Cases
  • Justices
    • Chief Supreme Court Justices
    • Current Supreme Court Justices
    • Past US Supreme Court Justices
  • American Biographies
    • General
    • Presidents
    • Vice-Presidents
    • First Ladies
    • Signers of the U.S. Constitution
    • Signers of the Declaration of Independence
    • Delegates of the U.S. Constitution
    • Misc – Great American Bios
  • Articles
    • Current Cases
    • Historical Cases
    • Impeachment
  • Videos
  • Links
Hot-Topics

October 8, 2025 | Supreme Court Stays Order Blocking Roving Immigration Patrols in CA

Justice Gorsuch Authors First Opinion in FDCPA Case

In Henson v. Santander Consumer USA, Inc., 582 U. S. ____ (2017), the U.S. Supreme Court unanimously held that a company may collect debts that it purchased for its own account without triggering the statutory definition of a “debt collector” under the Fair Debt Collection Practices Act (FDCPA). Justice Neil Gorsuch authored the opinion, which was his first as a member of the Court.

Facts of the Case
The Fair Debt Collection Practices Act regulates the practices of “debt collector[s],” which it defines as anyone who “regularly collects or attempts to collect . . . debts owed or due . . . another.” 15 U. S. C. §1692a(6). In this case, the petitioners allege that CitiFinancial Auto loaned them money to buy cars, on which loans they later defaulted. Santander Consumer USA, Inc. (Santander) then purchased the defaulted loans from CitiFinancial and sought to collect. The petitioners’ lawsuit alleges that Santander violated the FDCPA by engaging in unfair debt collection practices. The Fourth Circuit Court of Appeals upheld the district court’s dismissal of the case. The appeals court held that Santander didn’t qualify as a debt collector because it did not regularly seek to collect debts “owed . . . another,” but rather sought only to collect debts that it purchased and owned.

Court’s Decision
The Supreme Court agreed. “A company may collect debts that it purchased for its own ac- count, like Santander did here, without triggering the statutory definition in dispute,” Justice Gorsuch wrote. “By defining debt collectors to include those who regularly seek to collect debts ‘owed . . . another,’ the statute’s plain language seems to focus on third party collection agents regularly collecting for a debt owner—not on a debt owner seeking to collect debts for itself.”
The petitioners argued that their interpretation of the FDCPA best furthers the statute’s perceived purposes. They further contended that if Congress had been aware of defaulted debt purchasers like Santander it would have treated them like traditional debt collectors because they pose similar risks of abusive collection practices. However, the Court rejected these arguments, citing it was not its job to rewrite the law.
“But it is not this Court’s job to rewrite a constitutionally valid text under the banner of speculation about what Congress might have done had it faced a question that, on everyone’s account, it never faced,” Justice Gorsuch explained. “And neither are petitioners’ policy arguments unassailable, as reasonable legislators might contend both ways on the question of how defaulted debt purchasers should be treated. This fact suggests for certain but one thing: that these are matters for Congress, not this Court, to resolve.”

Previous Articles

SCOTUS Holds No Minimum Contacts Required for Personal Jurisdiction Over Foreign States Under FSIA
by DONALD SCARINCI on October 2, 2025

In CC/Devas (Mauritius) Limited v. Antrix Corp. Ltd., 605 U.S. ____ (2025), the U.S. Supreme Court ...

Read More
SCOTUS Sides With Trump Administration Over NIH Grants Tied to DEI Initiatives
by DONALD SCARINCI on September 26, 2025

The U.S. Supreme Court continues to issue emergency orders involving legal challenges to policy cha...

Read More
SCOTUS Rejects Challenge to South Carolina’s Exclusion of Planned Parenthood from State Medicaid Program
by DONALD SCARINCI on September 16, 2025

In Medina v. Planned Parenthood South Atlantic, 606 U.S. ____ (2025), the U.S. Supreme Court held t...

Read More
All Posts

The Amendments

  • Amendment1
    • Establishment ClauseFree Exercise Clause
    • Freedom of Speech
    • Freedoms of Press
    • Freedom of Assembly, and Petitition
    Read More
  • Amendment2
    • The Right to Bear Arms
    Read More
  • Amendment4
    • Unreasonable Searches and Seizures
    Read More
  • Amendment5
    • Due Process
    • Eminent Domain
    • Rights of Criminal Defendants
    Read More

Preamble to the Bill of Rights

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

Read More

More Recent Posts

  • Supreme Court Clarifies Applicability of First Step Act to Vacated Sentences
  • SCOTUS Rules E-Cigarette Retailers Can Challenge FDA Order in Fifth Circuit
  • Supreme Court Expands Judicial Review of Agency Actions
  • Supreme Court Pauses Order Reinstating CPSC Commissioners

Constitutional Law Reporter Twitter

A Twitter List by S_H_Law

Constitutional Law Reporter RSS

donald scarinci constitutional law attorney

Editor

Donald Scarinci

Managing Partner

Scarinci Hollenbeck

(201) 806-3364

Awards


Follow me

© 2018 Scarinci Hollenbeck, LLC. All rights reserved.

Prior results do not guarantee a similar outcome. Attorney Advertising