SCOTUS Provides Analysis on Nonjudicial Foreclosure Proceedings and FDCPA Case Arguments

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SCOTUS Provides Analysis on Nonjudicial Foreclosure Proceedings and FDCPA Case Arguments

SCOTUS Provides Analysis on Nonjudicial Foreclosure Proceedings and FDCPA Case Arguments

Obduskey v. McCarthy Holthus LLP focuses on debate about definitions of debt collector in the federal law.

ACA International-

Arguments in Obduskey v. McCarthy & Holthus LLP held Jan. 7 show the complexity of the Fair Debt Collection Practices Act when it comes to nonjudicial foreclosures and debt collectors, according to an analysis by Danielle D’Onfro, a lecturer on law at Washington University in St. Louis, on the U.S. Supreme Court’s blog .

In June 2018, the Supreme Court granted certiorari in the case, Obduskey v. McCarthy & Holthus LLP, to determine whether nonjudicial foreclosure proceedings and those who are involved in them are subject to the FDCPA, ACA International previously reported. (Members may read more background on this case on the Industry Advancement Program website.)

In November 2018, the Consumer Financial Protection Bureau filed an amicus brief  with the U.S. Supreme Court supporting that a law firm hired by a mortgage company after a consumer defaulted on a loan is not defined as a debt collector as outlined in the FDCPA, ACA International previously reported.

“This case turns on whether the FDCPA covers parties that handle nonjudicial foreclosures,” D’Onfro writes.

[ACA INTERNATIONAL]

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