Court Rules Repossession Agency Subject to Liability under FDCPA upon Violation of State Self-Help Repo Law Requirements

Ohio, February 27, 2015 – A recent court decision from the Northern District of Ohio, Vantu v. Echo Recovery, L.L.C., held that a repossession agency, while generally not subject to liability under the Fair Debt Collection Practices Act, becomes subject to such liability when it undertakes to repossess collateral that it does not have a present right to possess.

This case arises out of a messy situations involving a defaulted auto loan and a botched attempt at repossessing the vehicle securing the loan with the threat of force.

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