Debt Collector Archives - Jackson & Campbell, P.C.

11 Dec 2019 |

SCOTUS Opinion: Court Rejects Discovery Rule For Fair Debt Collection Practices Act Claims

The Fair Debt Collection Practices Act requires that claims be brought “within one year from the date on which the violation occurs.” In Rotkiske v. Klemm, a debt collector filed suit against Kevin Rotkiske, served him where he no longer lived, and obtained a default judgment against him in 2009. Rotkiske learned of the judgment in 2014, and sued ... Read More

TAGGED: scotus, Fair Debt Collection Practices Act, SCOTUS opinion, Debt Collector, Discovery Rule, Rotkiske v. Klemm

20 Mar 2019 |

SCOTUS Opinion: Entity Conducting Non-judicial Foreclosure Not A Debt Collector Under Fair Debt Collection Practices Act

After Dennis Obduskey went into default on his mortgage that was secured against his home, the lender hired the law firm of McCarthy & Holthus, LLP to conduct a non-judicial foreclosure of the property. The firm sent Obduskey a notice of its intent to so act, and Obduskey requested that the firm provide him with verification of the debt as ... Read More

TAGGED: scotus, Fair Debt Collection Practices Act, Obduskey v. McCarthy Holthus LLP, SCOTUS opinion, Non-judicial Foreclosure, Debt Collector