Kavanaugh Sworn in as U.S. Supreme Court Justice, May Impact ARM-Related Cases

On Saturday, Justice Brett Kavanaugh, formerly of the Court of Appeals for the District of Columbia Circuit, was confirmed and sworn in as an Associate Justice of the U.S. Supreme Court. The Supreme Court now has a firm conservative-leaning majority, which will likely impact several collections-related cases that are or have the potential to be on the court’s docket in the near future.

Definition of “Debt Collection”

The new Supreme Court roster will likely impact the decision in Obduskey v. Wells Fargo, 138 S. Ct. 2710 (2018), which is on the court’s docket for the term currently in session. As previously published by insideARM, Obduskey questions the definition of “debt collection” and whether it encompasses actions where payment is never requested or demanded from the consumer. The case stems from a 10th Circuit decision that affirmed the district court’s ruling finding that the Fair Debt Collection Practices Act (FDCPA) does not apply to non-judicial foreclosure proceedings. However, as the 10th Circuit noted, not all courts agree with this opinion, and the Supreme Court will now have the final say. 

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