In Obduskey v. McCarthy & Holthus LLP, No. 17-1307 (Sup. Ct. Mar. 20, 2019), the Supreme Court ruled unanimously that non-judicial foreclosure actions required by state law are not generally considered debt collection, and therefore are not subject to regulation under the FDCPA. The majority opinion, written by Justice Breyer, held that the firm’s
In Hill v. Accounts Receivables Servs., LLC, the Eighth Circuit recently considered whether the materiality of a misleading statement should factor into finding liability under Section 1692e of the Fair Debt Collection Practices Act (FDCPA). In Hill, a debtor brought suit against creditor Accounts Receivables Services, LLC (ARS), challenging ARS’s assignment of the
