Supreme Court Finds that Foreclosure Firms Are Not Debt Collectors

Burr & Forman
Contact

On March 20, 2019, in a 9-0 ruling, the Supreme Court ruled that firms that conduct nonjudicial foreclosure proceedings are not generally considered to be debt collectors under the Fair Debt Collection Practices Act (“FDCPA” or “Act”). The Court’s decision in Obduskey v. McCarthy & Holthus, LLP, No. 17-1307, slip op. (S. Ct. Mar. 20, 2019) found that a law firm whose sole practice was enforcing mortgage foreclosures outside of the judicial system did not need to follow the procedures established by the FDCPA when attempting to foreclose.

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Burr & Forman | Attorney Advertising

Written by:

Burr & Forman
Contact
more
less

Burr & Forman on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide