U.S. Supreme Court Rules that the Non-Judicial Foreclosure Process Does Not Constitute “Debt Collection” Under the FDCPA


Historically, the non-judicial foreclosure process was considered beyond the coverage of the Fair Debt Collection Practices Act (FDCPA).  In the last few years, however, decisions from the federal appellate courts questioned this assumption, with some courts concluding that the FDCPA does indeed apply to non-judicial foreclosures.  The United States Supreme Court recently stepped in to resolve the conflicting interpretations of the FDCPA and issued its opinion in the Obduskey case, ruling that the non-judicial foreclosure process does not constitute “debt collection” under the FDCPA. This webinar will examine the Obduskey decision and its far reaching impact on lenders, loan servicers and foreclosure trustees.

Who Should Attend: Chief Credit Officer, Chief Compliance Officer, Consumer Loan Officer, Junior Loan Officer, Credit Administrator

Learning Objectives

  • Explore whether California’s non-judicial foreclosure process – consisting of the issuance, recording, posting, and mailing of foreclosure notices and the conducting of trustee’s sale – amounts to debt collection under the FDCPA
  • Compare competing views on the issue by the different circuits
  • Uncover the potential ramifications of a negative decision on current practices


Charles C. McKenna
Wright, Finlay & Zak, LLP
Charles McKenna is a partner at Wright, Finlay & Zak, LLP. Charles’ business litigation practice focuses on real estate, with a particular emphasis on mortgage banking, lending and servicing disputes, as well as labor and employment law. He also counsels businesses with respect to regulatory and statutory compliance. Charles has tried many cases in both the California Superior Courts and the United States District Courts, and has been counsel of record in numerous appeals before the California Court of Appeal and the United States Court of Appeals for the Ninth Circuit, including published opinions.

Webinar Fees

Pricing For Price Season Pass
Bank Member $195 $0
Bank Nonmember $249 $0
Affiliate Member $195 $0
Affiliate Nonmember $249 $0

Season Pass Members receive 4 individual logins to every webinar

Additional Info

Participants will earn 1.0 CPE credit

Field of Study: Specialized Knowledge

Prerequisites: Knowledge of the FDCPA

Advanced Preparation: None

Program Level: Intermediate

Delivery Method: Group Internet Based

Refunds and Cancellations: Webinar registrations are non-refundable. If the registrant is unable to attend the designated time and date of the webinar, a playback link and any written materials will be provided within 2 business days following the conclusion of the webinar

Western Bankers Association is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website:www.nasbaregistry.org.


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