After securing two U.S. Supreme Court wins in a 3 week period for financial services companies Midland Funding and Santander Consumer, Kannon Shanmugam was named AmLaw Litigator of the Week.
Both cases involved the Fair Debt Collection Practices Act, and helped establish limitations to its reach.
In the Santander ruling, the Court affirmed a Fourth Circuit decision holding that a company that has purchased debts and then attempts to collect on those debts for its own account is not a “debt collector” subject to the Fair Debt Collection Practices Act.
In the Midland case, the Court concluded by a 5-3 vote that the filing in bankruptcy proceedings of a proof of claim that is time-barred “is not a false, deceptive, misleading, unfair, or unconscionable debt collection practice within the meaning of the Fair Debt Collection Practices Act.”
This was the third time Kannon has been named AmLaw Litigator of the Week in 18 months. Click here for the AmLaw Litigator of the Week feature.
More on the Santander case can be found here.
More on the Midland ruling can be found here.