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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

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

Blank Rome LLP

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

Blank Rome LLP on

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

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