Category: U.S. Supreme Court
Obduskey v. McCarthy & Holthus, LLP
This case concerns whether the institution of nonjudicial foreclosure proceedings constitutes debt collection that is subject to regulation under the Fair Debt Collection Practices Act. The government’s amicus brief argues that actions that are legally required to carry out a nonjudicial foreclosure are the enforcement of a security interest and thus are not treated as debt collection under the FDCPA except for purposes of 15 U.S.C. 1692f(6).