The Supreme Court of the United States issued its unanimous opinion in Oduskey v. McCarthy Holthus

March 20, 2019 – The Supreme Court of the United States issued its unanimous opinion in Oduskey v. McCarthy Holthus, holding that businesses engaged in non-judicial foreclosure proceedings are not debt collectors under the Fair Debt Collection Practices Act. Messer Reeves partner Deanne Stodden authored an amicus brief in the case on behalf of the Colorado Mortgage Lenders Association arguing that a non-judicial foreclosure does not constitute debt collection under the FDCPA as it is enforcing a security interest and recovering collateral as opposed to debt collection. The amicus brief filed on behalf of CMLA highlighted the uniqueness of Colorado’s foreclosure process.

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