California Appellate Court Permits Debt Collection Suit against Mortgage Loan Servicer

Acknowledging a split of authority among the many federal courts reviewing whether a mortgage loan servicer falls within the FDCPA's definition of a "debt collector," one California appellate court has revived a putative class action dismissed at the trial court through which borrowers pursued fair debt claims under the Rosenthal Act. The decision issued in Davidson v. Seterus is significant because borrowers could not pursue these claims under the more restrictive FDCPA. More ›