The Law Offices of Damian G. Waldman, P.A.

Recent Case Law

The law governing foreclosures, collections, and bankruptcies changes on a day-to-day basis.  We stay up-to-date on the latest changes in the law to best protect your rights.  Here are some recent, groundbreaking cases affecting the law in our areas of practice.

Henson v. Santander Consumer USA Inc., 2017 U.S. LEXIS 3722:  This case settled a split between the courts as to whether or not a purchaser of defaulted debt is considered a "debt collector" under the terms of the Fair Debt Collection Practices Act (FDCPA).  The unanimous Court decided that anyone, individual or business, that collects debts it owns, is NOT a "debt collector" under the FDCPA, and is therefore, not subject to its requirements.  This should help to curb the number of class action lawsuits under the FDCPA against lenders after they begin collections or foreclosure actions.
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