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MoFo Reenforcement The Enforcement Blog

Unanimous but Narrow SCOTUS Ruling on Fair Debt Collection Practices Act

Posted in Foreclosure, Mortgage, Regulatory Developments

On March 20, 2019, the Supreme Court unanimously ruled in Obduskey v. McCarthy & Holthus LLP that a business engaged in non-judicial foreclosure is not subject to all of the requirements and prohibitions applicable to “debt collectors” under the Fair Debt Collections Practices Act. We discuss The Supreme Court’s decision and how this ruling is limited to situations where a business’s actions are required by state law governing enforcement of security interests.

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