December 4, 2018

by USFN Legal Issues Committee

Background
The question of whether or not nonjudicial foreclosure activity constitutes “debt collection” under the federal Fair Debt Collection Practices Act (FDCPA) is presented in Obduskey v. Wells Fargo Bank, 2018 U.S. App. Lexis 1275 (10th Cir., Jan. 19, 2018). In Obduskey, the Tenth Circuit Court of Appeals ruled that the FDCPA, set forth in 15 U.S.C. §§ 1692 – 1692p, does not apply to nonjudicial foreclosure proceedings in the state of Colorado. An article about the case was published in the USFN e-Update in February 2018; that article may be viewed here. On June 28, 2018, the U.S. Supreme Court granted Certiorari.

Status
Briefs have been filed, including industry and government amicus briefs. On November 14, 2018, USFN filed a brief of amicus curiae in support of respondent McCarthy & Holthus LLP, et al. On November 28, 2018, oral argument before the U.S. Supreme Court was scheduled for January 7, 2019. The Court’s calendar may be viewed here.

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Note for consideration of the USFN Award of Excellence: This article is not a "Feature."