The Scope of the FDCPA: Implications of the Obduskey Decision

June 26, 2019, 2:00 p.m. ET–3:00 p.m. ET
Filed under: 
| Skill areas: 
Spotting and Investigating the Legal Issue
,
Strategy: Structuring and Plotting the Case

Members: Free
Nonmembers: $90  (Nonmembers must be verified to purchase the webinar. Please email training@consumeradvocates.org to start the verification process.)

In Obduskey v. McCarthy & Holthus LLP (139 S. Ct. 1029 (2019)), the Supreme Court addressed the scope of the FDCPA’s application to non-judicial foreclosures. The court held that under certain conditions, the full range of FDCPA prohibitions do not apply to collection attorneys when they implement the steps required to conduct a non-judicial foreclosure. While the holding appears to have been intended to be narrow, foreclosure attorneys and other debt collectors are seizing on this ruling to support arguments that a wide range of activates involving collection of many types of secured debts are exempt from most FDCPA (and similar state law) coverage.

This webinar is geared to intermediates and advanced practitioners who already have a basic knowledge of the FDCPA.

What You Will Learn

  • What the limited types of collection activities are to which Obduskey applies
  • Which potential debt collector defendants might really be entitled to protections under Obduskey
  • How to plead around Obduskey defenses when raising FDCPA claims related to foreclosure actors who have traditionally been covered by the FDCPA
  • How to respond to arguments for or against application of Obduskey to:
    • collection activities not required by state foreclosure laws but conducted by foreclosure attorneys
    • debt collection foreclosure activities not permitted or barred by state law 
    • judicial foreclosure activities
    • mortgage servicers, debt purchasers, foreclosure attorneys, trustees, etc.
    • other secured creditors

Speakers

Phillip Robinson is a solo litigator from Silver Spring, Maryland. He has been an active NACA member for more than seventeen years and is a recognized consumer litigator in the areas of mortgage servicing, foreclosure defense, and debt collection practices. Currently in private practice at the Consumer Law Center LLC, Phillip's statewide practice concentrates in the areas of aiding and providing sustainable solutions to homeowners who have fallen victim to unfair, deceptive or otherwise illegal consumer practices by mortgage services, lenders, and debt buyers. Phillip served as co-trial counsel in a verdict against LVNV Funding on behalf of a class of 1,589 Maryland consumers; this case was affirmed as to liability on appeal and a new trial will consider damages. Previously, Phillip served as executive director for the award winning Civil Justice Inc. In 2008, Phillip was recognized as the Maryland Consumer Advocate of the Year by the Maryland Consumer Rights Coalition. In 2016, he was also recognized as NACA’s Consumer Advocate of the Year.  

Geoff Walsh is a staff attorney with the National Consumer Law Center’s (NCLC) Boston office. His work with NCLC focuses on bankruptcy, foreclosures, and student loan topics. He is a contributing author for several of NCLC’s practice manuals, including Consumer Bankruptcy Law & Practice, Home Foreclosures, Student Loan Law, Truth in Lending, Fair Debt Collection, and Credit Discrimination, as well as the Collier Bankruptcy Practice Guide. He has worked extensively to develop trainings and materials for attorneys and mediators on topics related to loan modification programs and loss mitigation in foreclosures. Prior to joining NCLC, Mr. Walsh worked as a staff attorney and supervising attorney with Community Legal Services in Philadelphia and with Vermont Legal Aid.

CLE Credit

Are you interested in receiving CLE credit for this webinar? NACA does not seek CLE approval for each webinar in each individual state.  Individual attorneys can generally apply for, and receive CLE credit, in their respective states. Please note that NACA is now a State Bar of California MCLE Provider and this webinar is considered pre-approved for CLE credits for lawyers practicing in California. NACA will provide, upon request, certificates of attendance to be used in state bar applications and for records required by California attorneys. Email training@consumeradvocates.org to request a certificate of attendance. 

Refund Policy

Please note that there are no refunds for webinars since participants can view the presentation after it has taken place. If your registration was submitted less than two hours prior to the event, it is not guaranteed that you will receive access to participate in the live presentation. However, you will receive access to the recorded webinar in the coming days.

Why You Should Register Even If You Can’t Attend the Live Webinar

For each webinar you register for, regardless of whether you attend live, you will automatically receive an email inviting you to view a recording of the webinar and also containing attachments of the Power Point presentation and any other supplemental materials within two business days of the live webinar. This way, if you have a time conflict, you will be able to listen to the webinar and study the course materials at your convenience. If you have any questions, please email training@consumeradvocates.org.