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High Court Decision on Non-judicial Foreclosures under FDCPA May Have Limited Impact

The Thomson Reuters—Westlaw Journal of Bank & Lender Liability has published my definitive take on the Supreme Court’s recent decision Obduskey v. McCarthy & Holthus LLP, 139 S. Ct. 1029 (2019). Among other things, in the article I note that the decision:

(1) may induce lower courts to more broadly define the term “debt collector” in the statute;

(2) limits FDCPA liability in the non-judicial foreclosure arena, but only where the relevant state’s foreclosure laws are strictly followed; and

(3) sidesteps the issue of what constitutes a “principal purpose” debt collector.

Click here to read the entire article.

Mark Rooney