BCFP Files Amicus Brief in U.S. Supreme Court Case, Concludes Law Firm Did Not Engage in Debt Collection by Initiating Nonjudicial Foreclosure

The U.S. Supreme Court is currently reviewing Obduskey v. McCarthy & Holthus LLP, a case that asks whether enforcing a security interest on a mortgage debt by initiating a nonjudicial foreclosure through state law-required procedures is considered debt collection under the Fair Debt Collection Practices Act (FDCPA). On Wednesday, November 14, 2018, the Bureau of Consumer Financial Protection (BCFP or Bureau) filed an amicus brief in this case stating the law firm’s actions fall outside of the FDCPA.

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Case Background