Archives: Fair Debt Collection Practices Act

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Supreme Court Clarifies Scope of the FDCPA as It Relates to Nonjudicial Foreclosures

In Obduskey v. McCarthy & Holthus LLP,[1] the U.S. Supreme Court resolved the circuit split on whether those engaged in nonjudicial foreclosure proceedings are subject to all of the requirements and prohibitions of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692 et seq. The Court ruled that those engaged solely in nonjudicial … Continue Reading

Supreme Court to Rule on Whether the Fair Debt Collection Practices Act Applies to Nonjudicial Foreclosure Proceedings

Currently before the U.S. Supreme Court is whether entities conducting nonjudicial foreclosure proceedings are subject to the requirements of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (FDCPA).[1] Whether entities conducting nonjudicial foreclosure proceedings are subject to the requirements of the FDCPA has divided the courts for many years. The Supreme … Continue Reading

Supreme Court Holds That Filing of Time-Barred Bankruptcy Claim Does Not Violate FDCPA

On May 15, 2017, the United States Supreme Court issued its decision in Midland Funding, LLC v. Johnson, 581 U.S. ___ (2017) in which it held that filing an “obviously time-barred” proof of claim in a bankruptcy proceeding does not violate the Fair Debt Collection Practices Act (FDCPA). The facts of Midland Funding are fairly … Continue Reading

Supreme Court Hears Oral Argument In Significant FDCPA Case

This month, the Supreme Court heard oral argument in a case with potential to affect companies that purchase consumer debt and then collect it for their own account. The case — Henson v. Santander Consumer USA, Inc., Supreme Court Docket No. 16-349 — centers on the Fair Debt Collection Practices Act’s distinction between “debt collectors,” … Continue Reading

Recent Eleventh Circuit Decision Garners Attention for Post-Spokeo Treatment of FDCPA Claims

Last year, the Supreme Court decided Spokeo, Inc. v. Robins, 578 U.S.—, 136 S. Ct. 1540 (2016), which addressed whether the plaintiff adequately pleaded Article III standing by alleging bare violations of the Fair Credit Reporting Act, based on the publication of allegedly inaccurate consumer information. The Court held that the lower court, the Ninth … Continue Reading

Supreme Court Unanimously Rejects FDCPA Claim Against Private Attorneys Collecting Debt for State Attorney General

On May 16, 2016, in Sheriff v. Gillie, Case No. 15-338, the Supreme Court reversed a decision of the Sixth Circuit holding that private attorneys contracted by a state attorney general’s office to collect debt owed to state agencies or instrumentalities violated the Fair Debt Collection Practices Act (FDCPA) by sending collection letters on state … Continue Reading
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