If it looks like a debt collector, swims like a debt collector, and quacks like a debt collector, the Sixth Circuit is willing to call it a debt collector. Glazer v. Chase Home Financing, LLC , a January 14, 2013 decision written by Judge Richard Allen Griffin, held that foreclosures fall within the purview of the Fair Debt Collection Practices Act, 15 U.S.C. §1692:
[W]e hold that mortgage foreclosure is debt collection under the Act . . . Lawyers who meet the general definition of a 'debt collector' must comply with the FDCPA when engaged in mortgage foreclosure. And a lawyer can satisfy that definition if his principal business purpose is mortgage foreclosure or if he 'regularly' performs this function.
Proposed legislation would require debt collectors to show they are pursuing the correct person before obtaining judgment
In the wake of last month's crackdown on debt collection agency Midland Funding LLC, Attorney General Lori Swanson continues efforts to curb unfair debt collection practices by declaring support for legislation requiring debt collectors to show they are pursuing the correct person before obtaining a default judgment.
If you are served with a summons and complaint for an outstanding debt (or if you believe you have been incorrectly identified as a debtor in the lawsuit), review your options with an attorney.
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