Ho v. ReconTrust, N.A.
This case presents the question whether a trustee who forecloses on a deed of trust in a non-judicial action in California can qualify as a “debt collector” under the general definition of that term in the Fair Debt Collection Practices Act. At the invitation of the court, the Bureau filed a brief arguing that a trustee engages in debt collection if it sends consumers notices stating that foreclosure will occur unless the consumers make payment on their debt. The brief also argues that such conduct can qualify as debt collection under the general definition regardless of whether the conduct is also related to the enforcement of a security interest.