4th Circuit: Rawlinson on v. Rudlow- FDCPA Applies to Secured Debts and Collection Against Third Parties

Summary: Rudlow, the attorney for WFS, brought a replevin action against Rawlinson and her nephew, for a vehicle which the nephew owned, subject to a lien held by WFS.  Rawlinson was not a party to the note, but Rudlow believed Rawlinson either had possession of the vehicle or knew its location, since her nephew lived with her.  Rawlinson brought a FDCPA claim in response. The 4^th Circuit began by holding that, just as, following Wilson v. Draper & Goldberg, PLLC, 443 F.3d 373, 375-76 (4th Cir. 2006), it applies collection of debts related to real property,  the FDCPA does apply to replevin actions specifically and to debts secured by personal property more generally. Further, the 4^th Circuit held that although Rawlinson was not a party to the contract or liable on the debt, the FDCPA did protect her as 15 U.S.C. § 1692k(a) applies to violations "with respect to any person."  (Emphasis added.) For a copy of the opinion, please see: Rawlinson on v. Rudlow- FDCPA Applies to Secured Debts and Collection Against Third Parties.pdf