A few weeks ago, the Sixth Circuit Court of Appeals in
Anarion Investments, LLC v. Carrington Mortg. Servs., LLC, Nos. 14-5781/5993 (6th Cir. 2015) brought to life a whole new meaning
to the term “person”. On July 23, 2015, the Sixth Circuit
expanded the applicability to Section 169k of the Fair Debt Collection
Practices Act (“FDCPA”) to include “legal entities”.
Section 1692k states in relevant part: “any debt collector who fails
to comply with any provision of this subchapter with respect to any person
is liable to such person.” 15 U.S.C. § 1692k(a).
The Sixth Circuit was not persuaded that the term “person”
was limited in the natural sense of the word because the term “’person’
appears 24 times in the FDCPA. In some places, the term refers exclusively
to artificial entities. Section 1692a(6)(B), for example, refers to “any
person” who acts “as a debt collector for another person,
both of whom are related by common ownership or affiliated by corporate
Id. at 3. It will be interesting to see what happens on remand, but for now,
there remains much