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.
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