News & Analysis as of

Debt Collection Non-Judicial Foreclosures

Smith Debnam Narron Drake Saintsing & Myers,...

Sixth Circuit Examines Who is a Debt Collector for Purposes of FDCPA Section 1692(f)(6)

The Sixth Circuit Court of Appeals recently explored the limitations of Section 1692(f)(6) and held that a property preservation and maintenance company was not a debt collector for purposes of that section. The opinion...more

Jones Day

From the Top in Brief: Nonjudicial Foreclosure Not Regulated by the FDCPA

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On March 20, 2019, the U.S. Supreme Court ruled unanimously in Obduskey v. McCarthy & Holthus LLP, 17-1307, 2019 WL 1264579 (U.S. Mar. 20, 2019), that nonjudicial foreclosure is not subject to regulation under the Fair Debt...more

BakerHostetler

Supreme Court Clarifies Scope of the FDCPA as It Relates to Nonjudicial Foreclosures

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In Obduskey v. McCarthy & Holthus LLP, the U.S. Supreme Court resolved the circuit split on whether those engaged in nonjudicial foreclosure proceedings are subject to all of the requirements and prohibitions of the Fair Debt...more

Allen Matkins

Entities Engaged Solely In The Enforcement of Security Interests Are Not "Debt Collectors" Under The Fair Debt Collection...

Allen Matkins on

The United States Supreme Court recently issued a unanimous decision in Obduskey v. McCarthy & Holthus LLP holding that entities engaged in the principal purpose of enforcing security interests are not, with limited...more

K&L Gates LLP

U.S. Supreme Court Rules that Entities Conducting Nonjudicial Foreclosures Are Not Debt Collectors under the FDCPA

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In Obduskey v. McCarthy & Holthus LLP, the U.S. Supreme Court held unanimously that entities engaged in no more than security-interest enforcement (here, nonjudicial foreclosure) are not debt collectors under the Fair Debt...more

Balch & Bingham LLP

Supreme Court: FDCPA (Sometimes) Does Not Apply to Nonjudicial Foreclosures

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In Obduskey v. McCarthy & Holthus, LLP, the United States Supreme Court unanimously held the Fair Debt Collection Practices Act does not apply to a law firm conducting a nonjudicial foreclosure....more

Bricker Graydon LLP

Supreme Court opens door (a bit) to argument that in rem foreclosures not covered by FDCPA

Bricker Graydon LLP on

On March 20, 2019 in Obduskey v. McCarthy & Holthus LLP, a unanimous U.S. Supreme Court held that the primary definition of a “debt collector” under the Fair Debt Collection Practices Act (FDCPA) does not apply to an entity...more

Seyfarth Shaw LLP

Unanimous Supreme Court Ruling On the Fair Debt Collection Practices Act

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Seyfarth Synopsis: In a 9-0 Supreme Court ruling last week, the Court spoke to issues concerning the Fair Debt Collection Practices Act (FDCPA) and non-judicial foreclosures....more

Butler Snow LLP

Logic and the Repo Man: SCOTUS holds that nonjudicial foreclosure firms are not “debt collectors” under the FDCPA

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On March 20, 2019, the U.S. Supreme Court resolved a circuit split over whether businesses engaged only in nonjudicial foreclosures—a business principally involved in the enforcement of security interests—is a “debt...more

Morrison & Foerster LLP

Unanimous but Narrow SCOTUS Ruling on Fair Debt Collection Practices Act

On March 20, 2019, the Supreme Court unanimously ruled in Obduskey v. McCarthy & Holthus LLP that a business engaged in non-judicial foreclosure is not subject to all of the requirements and prohibitions applicable to “debt...more

Brownstein Hyatt Farber Schreck

United States Supreme Court: Foreclosure Law Firms Likely Exempt from Federal Fair Debt Law

On March 20, 2019, the United States Supreme Court held that a foreclosure law firm principally involved in conducting nonjudicial foreclosures (such as Colorado’s foreclosure process) is not covered by the federal Fair Debt...more

Manatt, Phelps & Phillips, LLP

Supremes Resolve Circuit Split Under FDCPA Impacting Law Firms

In a key decision resolving a split among appeals courts, the Supreme Court unanimously ruled today, in Obduskey v. McCarthy & Holthus LLP, that law firms that carry out nonjudicial foreclosures are not considered debt...more

Burr & Forman

Supreme Court Finds that Foreclosure Firms Are Not Debt Collectors

Burr & Forman on

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”...more

Hinshaw & Culbertson LLP

SCOTUS Determines Foreclosure Firm is Not a Debt Collector Under the FDCPA's Primary Definition

Less than three months after hearing oral arguments in Obduskey v. McCarthy & Holthus LLP, Case No. 17-1307, the United States Supreme Court held, in a 9-0 decision, that a business engaged in nonjudicial foreclosure...more

Davis Wright Tremaine LLP

SCOTUS Rules Foreclosure Firms Are Not “Debt Collectors” in Nonjudicial Proceedings

This week, in a unanimous decision, the Supreme Court held that law firms conducting nonjudicial foreclosures are not “debt collectors” under the Fair Debt Collection Practices Act....more

McCarter & English, LLP

U.S. Supreme Court Holds Law Firms Are Not “Debt Collectors” Under The FDCPA In Nonjudicial Foreclosures

In an opinion penned by Justice Breyer on March 20, 2019, Obduskey v. McCarthy & Holthus LLP, No. 17–1307 (2019), the United States Supreme Court unanimously ruled that law firms acting on behalf of secured parties to...more

Perkins Coie

Non-Judicial Foreclosure Enforcement Not Subject to Full Requirements of FDCPA

Perkins Coie on

In a victory for secured creditors and the law firms representing them, the U.S. Supreme Court resolved a circuit split and unanimously held in Obduskey v. McCarthy & Holthus LLP that law firms enforcing non-judicial...more

Bradley Arant Boult Cummings LLP

Supreme Court Holds Foreclosure Firms Are (Generally) Not Debt Collectors under the FDCPA

Conducting a foreclosure does not make one a “debt collector,” at least for the general purposes of the Fair Debt Collection Practices Act (FDCPA). That fact is the upshot of yesterday’s unanimous Supreme Court decision in...more

BCLP

SCOTUS Protects Lawyers Pursuing Non-Judicial Foreclosure As Not the Actions of a “Debt Collector” under the FDCPA

BCLP on

The U.S. Supreme Court has issued its long-awaited opinion on whether law firms pursing non-judicial foreclosures are “debt collectors” as defined by the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §1692 et seq....more

Clark Hill PLC

Supreme Court to the Rescue with a Narrow Interpretation of the FDCPA

Clark Hill PLC on

The Fair Debt Collections Practices Act (FDCPA or Act) is an archaic consumer protection statute. Well-intentioned when enacted in 1977, unlike fine wine the FDCPA has not aged gracefully....more

Balch & Bingham LLP

Nonjudicial Foreclosure Firm Finds Narrow Path Around FDCPA in Obduskey

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In Obduskey v. McCarthy & Holthus, LLP, the United States Supreme Court considered whether the Fair Debt Collection Practices Act applied to a law firm conducting a nonjudicial foreclosure. The Court unanimously found the...more

Blank Rome LLP

U.S. Supreme Court Holds Foreclosure Firms Conducting Nonjudicial Foreclosures Are Not Debt Collectors Under the FDCPA

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The United States Supreme Court holds businesses conducting nonjudicial foreclosures are not “debt collectors” under the FDCPA, but lenders and foreclosure firms should take note that the Court specifically chose to leave...more

Balch & Bingham LLP

Supreme Court Finds that Foreclosure Firm Engaging in Non-judicial Foreclosure Proceedings is Not Considered a Debt Collector...

Balch & Bingham LLP on

In Obduskey v. McCarthy & Holthus LLP, No. 17-1307 (Sup. Ct. Mar. 20, 2019), the Supreme Court ruled unanimously that non-judicial foreclosure actions required by state law are not generally considered debt collection, and...more

Ballard Spahr LLP

SCOTUS: Law Firm Engaged Only in Nonjudicial Foreclosure Proceedings Is Not a Debt Collector Under FDCPA

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A law firm hired to pursue a nonjudicial foreclosure under Colorado law was not a "debt collector" under the Fair Debt Collection Practices Act (FDCPA), the U.S. Supreme Court ruled unanimously today in Obduskey v. McCarthy &...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Obduskey v. McCarthy & Holthus LLP

On March 20, 2019, the Supreme Court decided Obduskey v. McCarthy & Holthus LLP, No. 17-1307, holding that a business engaged in only nonjudicial foreclosure proceedings is not a “debt collector” for all purposes under the...more

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