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24 in the context of collections and nonjudicial foreclosure, respectively. While these decisions have each helped exclude attorneys in certain circumstances from the ambit of the FDCPA, they have also left questions unanswered as to the FDCPA's applicability to attorneys as "debt collectors" in slightly different circumstances. Firms will want to keep a close eye on future FDCPA decisions that will undoubtedly further refine the definition of "debt collector" as it applies to attorneys. Other recent major FDCPA cases have explored the issues surrounding the collection of time-barred debt (Midland Funding, LLC v. Johnson) and the inclusion of estimated fees and costs in reinstatement quotes (Prescott v. Seterus, Inc.). It will be interesting to see what effect these decisions have on legal precedent, because the decisions issued were dependent on the specific fact patterns, which may or may not be mimicked in future cases. More importantly, it seems, is the effect these decisions have had on the industry at large and on the way mortgage servicers conduct business. Clearly, one case like Prescott can drastically change policies and procedures of the servicers and their attorneys, as they seek to avoid any possibility of running afoul of the FDCPA. What can firms do to prepare for the developments that CFPB has made in servicing policy? With amendments to the CFPB regulations regarding successors in interest and periodic statements for borrowers in bankruptcy on the horizon, firms would be well advised to take action now to be prepared for the April 2018 effective date. Firms should have well-defined policies to identify and verify successors in interest on a mortgage loan, and clear procedures regarding additional measures to be taken to properly notify successors in interest of any rights they may have with respect to their predecessor's loan. Likewise, law firms would do well to prepare for the impact of the bankruptcy periodic statements requirements, which may impact the manner in which firms invoice their clients. e periodic statements requirements will likely require monthly or more frequent Brigham J. Lundberg is the Managing Attorney and a shareholder of Lundberg & Associates, PC in Salt Lake City, Utah. His practice includes real estate litigation, title issues, matters related to judicial and nonjudicial foreclosures, appellate practice, collections, and unlawful detainer actions. He is a frequent panelist and lecturer at industry conferences and client attorney summits on various topics, including foreclosure, creditors' rights, regulatory compliance, evictions, and property preservation. Lundberg is licensed to practice in Utah, Wyoming, Idaho, and Montana. There are a number of decisions regarding the Fair Debt Collections Practice Act (FDCPA) being issued this year. What can law firms expect to learn from the decisions in these cases? e recent proliferation of FDCPA-related litigation and corresponding appellate decisions reflect a continued push by consumer advocacy attorneys to piggyback, so to speak, on the efforts of the Consumer Financial Protection Bureau (CFPB) and other state and federal regulators to ensure that default law firms conduct foreclosure and collection actions in full compliance with all applicable laws and regulations. When originally enacted, the FDCPA exempted attorneys from its provisions; later, it was clarified that attorneys were subject to the FDCPA. Yet attorneys continue to opine that they should not be subject to the FDCPA's requirements, while nonetheless complying with the act's notice requirements out of an abundance of caution. Recent cases like Henson v. Santander; Ho v. Recontrust, NA; and Dowers v. Nationstar Mortgage, LLC explore the definition of "debt collector" and its applicability to attorneys COUNSEL'S CORNER LEARNING LESSONS FROM DIVERSE COURT CASES Brigham J. Lundberg Managing Attorney, Lundberg & Associates, PC "The recent proliferation of FDCPA-related litigation and corresponding appellate decisions reflect a continued push by consumer advocacy attorneys to piggyback, so to speak, on the efforts of the Consumer Financial Protection Bureau and other state and federal regulators …"

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