Obduskey v. McCarthy & Holthus LLP
In brief
A firm that does no more than carry out a nonjudicial foreclosure generally is not covered as a debt collector by the FDCPA, except under Section 1692f(6).
- Where it stands
- Decided
Decided 9-0 · March 20, 2019 · Opinion by Justice Breyer
- What it’s about
- This case asked whether a law firm that does only nonjudicial foreclosures counts as a debt collector under the Fair Debt Collection Practices Act.
- Who it affects
- The ruling limits when firms handling only nonjudicial foreclosures face the Act's broader debt-collection rules. It leaves in place the Act's specific protection against certain improper enforcement of a security interest under Section 1692f(6).
Summary: written with AI from the case record.
What it's about
The Supreme Court held that businesses engaged in no more than nonjudicial foreclosure proceedings are generally not covered as debt collectors, except for the Act’s limited rule in 15 U.S.C. § 1692f(6).
The case resolved a dispute over whether enforcing a mortgage lien through a nonjudicial foreclosure is the same as collecting a debt under the federal law.
Question presented
Whether the FDCPA applies to non-judicial foreclosure proceedings.
What the Court decided
Holding
A business engaged in no more than nonjudicial foreclosure proceedings is not a “debt collector” under the FDCPA, except for the limited purpose of §1692f(6). 879 F. 3d 1216, affirmed.
- Result
- Affirmed
The vote
What's next
The Court has finished this case. The Tenth Circuit's ruling stands, subject to the Supreme Court's explanation of the limited Section 1692f(6) rule.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Opinion added: opinion
Brief added: Petition
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Brief added: Questions Presented
More questions
- What did the Supreme Court decide in Obduskey v. McCarthy & Holthus LLP?
- The Court agreed with the Tenth Circuit that a business doing only nonjudicial foreclosures generally is not a debt collector under the FDCPA.
- Who won Obduskey v. McCarthy & Holthus LLP?
- McCarthy & Holthus won because the Court agreed with the Tenth Circuit's ruling in its favor.
- What FDCPA rule still applies to nonjudicial foreclosure firms?
- The Court said Section 1692f(6) still applies. That section contains a limited rule about enforcing a security interest.
- What happens next in Obduskey?
- The Supreme Court has finished the case. Its decision leaves the Tenth Circuit's result in place.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.