Obduskey v. McCarthy & Holthus L.L.P.

On March 20, 2019, the Supreme Court’s unanimous decision in Obduskey v. McCarthy & Holthus L.L.P. examined liability for violations of the Fair Debt Collection Practices Act (FDCPA) that are committed in non-judicial foreclosures.

This webpage provides resources to consumer attorneys litigating FDCPA cases arising from foreclosures. This webpage will be updated as more materials become available. Please email akuehnhoff@nclc.org with any submissions of relevant materials.

Articles Discussing Case Development

• Viable FDCPA Claims Arising from Foreclosures After March 20 Supreme Court Decision by NCLC attorneys Geoff Walsh and April Kuehnhoff, March 26, 2019

Sample Obduskey Briefing

• Amodio v. Ocwen Loan Servicing LLC, et al. (M.D. Tenn.)
  • Memorandum in Opposition to Summary Judgment
  • Memorandum and Order Denying Summary Judgment (5/7/2019)

• Eastman v NPL Capital LLC, No. 1:17-cv-03074 (D. Colo.)
  • Second Amended Complaint
  • Motion to Dismiss Complaint
  • Response to Motion to Dismiss Complaint
  • Order Denying Motion to Dismiss Complaint (4/15/2019)
• Sevela v. Kozeny & McCubbin, L.C., Case No. 18-cv-390 (D. Neb.)
• Smith v. Bank of New York Mellon, No. 2:19-cv-00538 (W.D. Wash.)
  • Response to Motion to Dismiss

Additional Resources

• National Association of Consumer Advocates (NACA) webinar: The Scope of the FDCPA: Implications of the Obduskey Decision, June 26, 2019. Note: Non-members of NACA must be vetted prior to purchasing. Please e-mail rebecca@consumeradvocates.org
• Obduskey v. McCarthy & Holthus L.L.P., Supreme Court Decision, March 20, 2019