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Supreme Court Unanimously Backs Debt Collector in Gorsuch Opinion

12 Juin 2017

A measure of melodic phrasing.

Gorsuch read a portion of the opinion from the bench.

Judge Neil Gorsuch delivered his first opinion as a Supreme Court justice Monday, The Hill is reporting.

Gorsuch used the Fair Debt Collection Practices Act's text in his opinion on the case, which found that Santander Consumer USA is not a debt collector because it bought a $3.5 billion portfolio of auto loan debts that CitiFinancial hired it to collect, The Hill reports.

Writing for the court, Gorsuch said Santander didn't qualify as a debt collector under the law because it had bought the defaulted loans from another lender.

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The high court's newest member concluded that debt collector laws may change in the future but not the role of the judiciary in analyzing them.

"Disruptive dinnertime calls, downright deceit, and more besides drew Congress's eye to the debt collection industry", he wrote.

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CitiFinancial argued 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.

Rules that apply to debt collectors do not extend to companies that purchase debts, according to the unanimous Supreme Court ruling.

Supreme Court Unanimously Backs Debt Collector in Gorsuch Opinion