FDCPA Bulletin - The Rooney Firm PLLC

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CFPB: Non-judicial Foreclosures Are Not Covered by FDCPA

No lesser authority than the federal consumer finance watchdog itself agrees—the FDCPA does not apply to non-judicial foreclosures. In an amicus brief filed last week in the Obduskey Supreme Court litigation, the CFPB maintains that state rules governing the enforcement of security interests more than adequately protect consumers, and that the process for enforcing a security interest “generally falls outside” the purview of the FDCPA.

From the brief: “Congress reasonably determined that enforcing security interests in accordance with applicable law does not present the same risks as demanding payment from debtors directly.”

InsideARM has this helpful write-up today.

Mark Rooney