Heintz v. Jenkins

Summary

Justice Breyer delivered the unanimous opinion holding that the Fair Debt Collection Practices Act applies to attorneys who regularly collect consumer debts through litigation. The statutory definition encompasses those activities, and Congress repealed the express attorney exemption without replacing it with a litigation exemption. Potential difficulties in applying particular conduct restrictions, a sponsor’s post-enactment statement, and nonbinding FTC staff commentary did not justify creating an implied exemption. The Court affirmed the Seventh Circuit’s judgment rejecting dismissal on the ground that litigating attorneys fall outside the Act. There were no separate opinions.