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 proceedings is not a "debt collector" under the Fair Debt Collection Practices Act (FDCPA, "the Act"), except for the limited prohibitions set forth in 1692(f)(6). The decision provides helpful guidance to law firms and loan servicers who pursue nonjudicial foreclosures.
In addition to providing guidance to law firms and loan servicers who pursue nonjudicial foreclosures, the decision resolves the existing conflicts between the federal circuits. Previously, the 9th and 10th Circuits held that the FDCPA's general definition of "debt collector" does not apply to entities seeking to enforce a security interest in a nonjudicial foreclosure and the 3rd, 4th, and 5th Circuits held that the FDCPA governed nonjudicial foreclosures.