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Henson V. Santander Consumer USA Inc.
''Henson v. Santander Consumer USA Inc.'', 582 U.S. 79 (2017), is a decision by the Supreme Court of the United States which held that a company is not a "debt collector" under the Fair Debt Collection Practices Act (FDCPA) if it purchased that debt and then attempts to collect from the debtor. It was Justice Neil Gorsuch's first written opinion since joining the Court in April 2017.SCOTUSblogHenson v. Santander Consumer USA Inc./ref> Background CitiFinancial loaned money to several individuals seeking to purchase automobiles. When the loans went unpaid, CitiFinancial repossessed and sold them to Santander Consumer USA, and told the individuals they owed the difference between the purchase price and the amount of money for which CitiFinancial sold the debt. Santander attempted to collect the debts. A suit was brought against Santander alleging a violation of the FDCPA. Santander claimed it was not a "debt collector" under the terms of the act because it was seeking to collect on d ...
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4th Cir
Fourth or the fourth may refer to: * the ordinal form of the number 4 * ''Fourth'' (album), by Soft Machine, 1971 * Fourth (angle), an ancient astronomical subdivision * Fourth (music), a musical interval * ''The Fourth'', a 1972 Soviet drama See also * * * 1/4 (other) * 4 (other) * The fourth part of the world (other) * Forth (other) * Quarter (other) * Independence Day (United States) Independence Day, known colloquially as the Fourth of July, is a federal holiday in the United States which commemorates the ratification of the Declaration of Independence by the Second Continental Congress on July 4, 1776, establishing ...
, or The Fourth of July {{Disambiguation ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. Derived from the English common law, ''certiorari'' is prevalent in countries using, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th centuries, the writ of ''certiorari'' has gained broader use in many countries, to review the decisions of administrative bodies as well as lower courts. Etymology The term ''certiorari'' (US English: ...
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Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act (FDCPA), Pub. L. 95-109; 91 Stat. 874, codified as –1692p, approved on September 20, 1977 (and as subsequently amended), is a consumer protection amendment, establishing legal protection from abusive debt collection practices, to the Consumer Credit Protection Act, as Title VIII of that Act. The statute's stated purposes are: to eliminate abusive practices in the collection of consumer debts, to promote fair debt collection, and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. The Act creates guidelines under which debt collectors may conduct business, defines rights of consumers involved with debt collectors, and prescribes penalties and remedies for violations of the Act. It is sometimes used in conjunction with the Fair Credit Reporting Act. People and entities covered by the FDCPA The FDCPA broadly defines a debt collector as "any person ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ...
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Associate Justice Of The Supreme Court Of The United States
An associate justice of the Supreme Court of the United States is a Justice (title), justice of the Supreme Court of the United States, other than the chief justice of the United States. The number of associate justices is eight, as set by the Judiciary Act of 1869. Appointments Clause, Article II, Section 2, Clause 2 of the Constitution of the United States grants plenary power to the President of the United States, president to nominate, and with the advice and consent (confirmation) of the United States Senate, Senate, appoint justices to the Supreme Court. Article Three of the United States Constitution, Article III, Section 1 of the Constitution effectively grants life tenure to associate justices, and all other United States federal judge, federal judges, which ends only when a justice dies, retires, resigns, or is Federal impeachment in the United States, impeached and convicted. Each Supreme Court justice has a single vote in deciding the cases argued before it, and the ...
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Neil Gorsuch
Neil McGill Gorsuch ( ; born August 29, 1967) is an American jurist who serves as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States. He was Neil Gorsuch Supreme Court nomination, nominated by President Donald Trump on January 31, 2017, and has served since April 10, 2017. Gorsuch spent his early life in Denver, Colorado. After graduating from Columbia University, where he became an established writer, Gorsuch received his legal education at Harvard Law School and earned a doctorate in jurisprudence from University of Oxford, Oxford University in 2004 as a Marshall Scholarship, Marshall Scholar. His doctoral thesis concerned the morality of assisted suicide and was written under the supervision of legal philosopher John Finnis. He was a law clerk for Judge David B. Sentelle, Justice Byron White, and Justice Anthony Kennedy. From 1995 to 2005, Gorsuch was in private practice with the law firm of Kellogg, ...
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United States District Court For The District Of Maryland
The United States District Court for the District of Maryland (in case citations, D. Md.) is the United States district court, federal district court whose jurisdiction is the state of Maryland. Appeals from the District of Maryland are taken to the United States Court of Appeals for the Fourth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the United States Court of Appeals for the Federal Circuit, Federal Circuit). Notable past judges of this district include William Paca, a signer of the United States Declaration of Independence. The United States Attorney for the District of Maryland represents the United States in civil and criminal litigation in the court. , the U.S. attorney is Erek Barron. Organization of the court Under , Maryland consists of a single federal judicial district with two statutory divisions. Northern Division The Northern Division includes Allegany County, Maryland, Allegan ...
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United States Court Of Appeals For The Fourth Circuit
The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a United States federal court, federal court located in Richmond, Virginia, with appellate jurisdiction over the United States district court, district courts in the following United States federal judicial district, districts: *United States District Court for the District of Maryland, District of Maryland *United States District Court for the Eastern District of North Carolina, Eastern District of North Carolina *United States District Court for the Middle District of North Carolina, Middle District of North Carolina *United States District Court for the Western District of North Carolina, Western District of North Carolina *United States District Court for the District of South Carolina, District of South Carolina *United States District Court for the Eastern District of Virginia, Eastern District of Virginia *United States District Court for the Western District of Virginia, Western Dist ...
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List Of United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By chief justice Court historians and other legal scholars consider each chief justice who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by chief justice and include most major cases decided by the court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June 30, 1941) * Stone ...
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Lists Of United States Supreme Court Cases By Volume
The following is a list of cases decided by the United States Supreme Court organized by volume of the ''United States Reports'' in which they appear. This is a list of volumes of ''U.S. Reports'', and the links point to the contents of each individual volume. Each volume was edited by one of the Reporters of Decisions of the Supreme Court. As of the beginning of the October 2019 Term, there were 574 bound volumes of the ''U.S. Reports''. There were another 14 volumes worth of opinions available as " slip opinions", which are preliminary versions of the opinion published on the Supreme Court's website. Edited by Dallas Volumes edited by Alexander J. Dallas, tenure 1790–1800. * 1 * 2 * 3 * 4 Edited by Cranch Volumes edited by William Cranch, tenure 1801–1815. * 5 * 6 * 7 * 8 * 9 * 10 * 11 * 12 * 13 Edited by Wheaton Volumes edited by Henry Wheaton, tenure 1816–1827. * 14 * 15 * 16 * 17 * 18 * 19 * 20 * 21 * 22 * 23 * 24 * 25 Edited by Pet ...
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List Of United States Supreme Court Cases By The Roberts Court
This is a partial chronological list of cases decided by the United States Supreme Court during the Roberts Court, the tenure of Chief Justice John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American jurist serving since 2005 as the 17th chief justice of the United States. He has been described as having a Moderate conservatism, moderate conservative judicial philosophy, thoug ... from September 29, 2005 to the present. Roberts Court 2005 term The 2005 term began October 3, 2005, and concluded October 1, 2006. Notable cases included the following: Roberts Court 2006 term The 2006 term began October 2, 2006, and concluded September 30, 2007. Notable cases included the following: Roberts Court 2007 term The 2007 term began October 1, 2007, and concluded September 30, 2008. Notable cases included the following: Roberts Court 2008 term The 2008 term began October 6, 2008, and concluded October 4, 2009. Notable cases included th ...
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