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Homeowner wonBinding in federal courtPending attorney reviewDebt collectors (FDCPA)

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.

Full citationKaltenbach v. Richards, 464 F.3d 524 (5th Cir. 2006)Short formKaltenbach, 464 F.3d 524

Draft — 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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