Trina R. Patterson v. Select Portfolio Servicing, Inc., et al.

This Court held in opinion 17-1307, Obduskey v. McCarthy and Holthus, LLP, et al, (U.S. Mar. 2019) that foreclosure is indeed under the scope of the federal Fair Debt Collection Practices Act, hereinafter referred to as “FDCPA,” and that an entity that seeks to enforce a security interest is a debt collector under the limited scope of 15 U.S.C. §1692f(6). Furthermore, the opinion confirmed the definition of a “debt collector” pursuant to 15 U.S.C. §1692a(6). Prior to the opinion in Obduskey v. McCarthy and Holthus, LLP, et al, the Court of Appeals for the Ninth Circuit held in opinion 15-15178, Dowers v. Nationstar Mortgage, LLC, et al that the definition of a debt collector under Section 1692f(6) includes a person enforcing a security interest. 15 U.S.C. §1692a(6). The Court of Appeals held that 15 U.S.C. §1692f(6) regulates enforcement of a security interest. Despite the opinion in Obduskey v. McCarthy and Holthus, LLP, et al the Ninth Circuit’s affirmation of the District Court’s dismissal is in direct contrast to the Courts’ opinions. The questions presented are: 1. Whether the Ninth Circuit erred in holding consistent with the opinions in Dowers v. Nationstar Mortgage, LLC, et al and Obduskey v. McCarthy and Holthus, LLP, et al definition of a “debt collector” pursuant to 15 U.S.C. §1692(a)(6) and in the narrow definition of 15 U.S.C. §1692f(6).