SCOTUS weighs in on what it means to be a "Debt Collector" under the FDCPA when it comes to foreclosures...




The high court held that a business engaged in no more than non-judicial foreclosure proceedings is not a "debt collector" under the act.

Read the opinion.

This means that the business whose principal purpose is the enforcement of security interests, such as mortgages,  is not within the scope of the act's definition of "Debt Collector" subject to the majority of prohibitions of the fdcpa.

While this opinion does not give blanket immunity from the act, SCOTUS made clear that the pursuit of a judicial foreclosure does not make a company a debt collector, and most of the act does not apply.

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