Paul Hill v. Accounts Receivable Services, LLC
Trademark
Whether the Eighth Circuit may disregard this Court's instructions in Henson v. Santander Consumer USA Inc. regarding the Fair Debt Collection Practices Act
QUESTIONS PRESENTED This case presents four questions: (1) Whether the Eighth Circuit may disregard this Court’s instructions in Henson v. Santander Consumer USA Inc., 137 S. Ct. 1718 (2017) for construction of the Fair Debt Collection Practices Act in deciding to import a “materiality” requirement into 15 U.S.C. § 1692e based on speculation about the Act’s purpose. (2) Whether the Eighth Circuit’s refusal to resolve the underlying state law question regarding the applicable interest statue violated this Court’s instruction in Commissioner v. Estate of Bosch, 387 U.S. 456; 87 S. Ct. 1776; 18 L. Ed. 2d 886 (1967). (3) Whether Congress specifically included a “materiality” requirement in the statutory text of the Fair Debt Collection Practice Act when it was written and enacted in 1978. (4) Whether Minn. Stat. § 334.01 remains the applicable pre-judgment interest statute for contact-type claims under Minnesota law.