Kaltenbach v. Richards
Kaltenbach v. Richards, 464 F.3d 524 (5th Cir. 2006)
- Court
- United States Court of Appeals for the Fifth Circuit
- Decided
- 2006-09-11
- Docket
- 05-30132
What happened
A lawyer handled repossession of Mr. Kaltenbach's mobile home for the lender and sent him letters. Mr. Kaltenbach sued under the Fair Debt Collection Practices Act; the trial court dismissed.
What the court decided
The Fifth Circuit reversed. A person who meets the FDCPA's general definition of "debt collector" is covered by the whole Act, even when the particular activity is enforcing a security interest.
Why it may matter to you
Foreclosure law firms that regularly collect debts may have to follow the FDCPA in their letters and calls — keep every letter.
Why it might not apply
Read it with Obduskey (2019): a firm doing only non-judicial foreclosure is mostly outside the FDCPA. Kaltenbach turns on the firm's broader collection work.
Most useful when
- A foreclosure lawyer or firm sent you collection letters
How to cite it
The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.
Kaltenbach v. Richards, 464 F.3d 524 (5th Cir. 2006)Short formKaltenbach, 464 F.3d 524Draft — check it with free legal aid before you file or say it in court.
In Kaltenbach v. Richards, 464 F.3d 524 (5th Cir. 2006), the court held that a person who meets the FDCPA's general definition of debt collector is subject to the whole Act even while enforcing a security interest. Here, [say in one sentence what happened in your case]
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