Rick Greer v. Green Tree Servicing LLC, et al.

Congress passed the Fair Debt Collection Practices Act (FDCPA) to “eliminate abusive debt collection practices by debt collectors.” 15 U.S.C. 1692(e). Under the FDCPA, the term “debt collector” is defined as “any person * * * who regularly collects or attempts to collect, directly or indirectly, debts owed or due * * * another.” 15 U.S.C. 1692a(6). This case presents a clear and intractable conflict regarding whether the FDCPA applies in the foreclosure context. In the decision below, the Ninth Circuit, now joined by the Tenth Circuit, reaffirmed its position that non-judicial foreclosures are not covered by the FDCPA. In doing so, the court further entrenched a conflict that has squarely divided multiple courts of appeals and state high courts. This holding was outcome-determinative below, and it mirrors the fact-pattern that has generated substantial “confusion” and hundreds of conflicting decisions nationwide. This case presents an excellent vehicle for resolving the widespread disagreement over this important issue. The question presented is: Whether the FDCPA applies to non-judicial foreclosure proceedings. (I)