Nicole Johnson-Gellineau v. Stiene & Associates, P.C., et al.

The Fair Debt Collection Practices Act, 91 Stat. 874,15 U.S.C. §§ 1692 et seq., provides that “[n]othing in this title shall be construed to authorize the bring­ ing of legal actions by debt collectors.” 91 Stat. 880, § 1692i(b). In Heintz v. Jenkins, 514 U.S. at 296, the Court observed that an apparent objective of the FDCPA is preserving creditors’ judicial remedies, “but the term [‘creditor’] does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.” 15 U.S.C. § 1692a(4). 15 U.S.C. § 1692a(6) provides that debt collectors reg­ ularly attempt to collect debts “owed or due another.” Respondent, Wells Fargo Bank National Associa­ tion, As Trustee For Carrington Mortgage Loan Trust, Series 2007-FRE1, Asset-Backed Pass-Through Certif­ icates, is a trustee acting solely in a fiduciary capacity for beneficiaries. The questions presented are:

1. Whether a fiduciary that obtains a defaulted debt, and is owed the debt, may qualify as a person facilitating collection “for another” within the exclu­ sion to the term “creditor” in 15 U.S.C. § 1692a(4).

2. Whether, lacking a creditor, 15 U.S.C. § 1692c(b) may be construed to provide an exception for litigating attorneys communicating with a court clerk.