Does the Fair Debit Collection Practices Act apply to non-judicial foreclosures? This is a question of enormous import to the mortgage servicing industry, as the FDCPA is a common subject for class action claims and further provides that an individual who obtains a judgment under the FDCPA is entitled to an award of his or her costs, including attorney's fees. Providing FDCPA liability for non-judicial exposures on a nation-wide basis would expand the legal exposure and expense faced by mortgage servicers across the country.

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