Heintz v. Jenkins
Heintz v. Jenkins, 514 U.S. 291 (1995)
- Court
- Supreme Court of the United States
- Decided
- 1995-04-18
- Docket
- 94-367
What happened
A lawyer collecting a car-loan debt sent Ms. Jenkins a letter demanding charges she said were not owed. The lawyer argued lawyers who litigate are not "debt collectors."
What the court decided
The Supreme Court held that the FDCPA applies to lawyers who regularly collect consumer debts, even when they do it through litigation.
In the court's words
“the Act applies to attorneys who “regularly” engage in consumer-debt-collection activity, even when that activity consists of litigation”
Why it may matter to you
Collection lawyers must follow the rules too: no false statements, no unfair charges. Keep their letters.
Why it might not apply
The lawyer must regularly collect consumer debts; foreclosure-only work is treated differently (Obduskey).
Most useful when
- A lawyer who regularly collects consumer debts is suing or writing to you
How to cite it
The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.
Heintz v. Jenkins, 514 U.S. 291 (1995)Short formHeintz, 514 U.S. 291Draft — check it with free legal aid before you file or say it in court.
In Heintz v. Jenkins, 514 U.S. 291 (1995), the court held that the FDCPA applies to lawyers who regularly collect consumer debts, even through litigation. Here, [say in one sentence what happened in your case]
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