Obduskey v. McCarthy & Holthus LLP
| Obduskey v. McCarthy & Holthus LLP | |
|---|---|
 | |
| Decided March 20, 2019 | |
| Full case name | Obduskey v. McCarthy & Holthus LLP |
| Docket no. | 17-1307 |
| Citations | 586 U.S. ___ (more) |
| Holding | |
| A business engaged in only nonjudicial foreclosure proceedings is not a "debt collector" under the Fair Debt Collection Practices Act, except for the limited purpose of Section 1692f(6). | |
| Court membership | |
| |
| Case opinions | |
| Majority | Breyer, joined by unanimous |
| Concurrence | Sotomayor |
| Laws applied | |
| Fair Debt Collection Practices Act | |
Obduskey v. McCarthy & Holthus LLP, 586 U.S. ___ (2019), was a United States Supreme Court case in which the court held that a business engaged in only nonjudicial foreclosure proceedings is not a "debt collector" under the Fair Debt Collection Practices Act, except for the limited purpose of Section 1692f(6).[1][2]
Background
[edit]the law firm McCarthy & Holthus LLP was hired to carry out a nonjudicial foreclosure on a Colorado home owned by Dennis Obduskey. McCarthy sent Obduskey correspondence related to the foreclosure. Obduskey responded with a letter invoking a federal Fair Debt Collection Practices Act (FDCPA) provision, 15 U. S. C. §1692g(b), which provides that if a consumer disputes the amount of a debt, a "debt collector" must "cease collection" until it "obtains verification of the debt" and mails a copy to the debtor. Instead, McCarthy initiated a nonjudicial foreclosure action. Obduskey sued, alleging that McCarthy failed to comply with the FDCPA’s verification procedure. The district court dismissed on the ground that McCarthy was not a "debt collector" within the meaning of the FDCPA, and the Tenth Circuit affirmed.[1]
Opinion of the Court
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Subsequent developments
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References
[edit]External links
[edit]- Text of Obduskey v. McCarthy & Holthus LLP, No. 17-1307, 586 U.S. ___ (2019) is available from: Justia
This article incorporates written opinion of a United States federal court. As a work of the U.S. federal government, the text is in the public domain.
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