In Thompke v Fabrizio & Brook, P.C. the Court denied Fabrizio’s Motion to Dismiss and held that Plaintiffs have claim under the Fair Debt Collection Practices Act and Michigan’s Collection Practices Act (MCPA) when a foreclosure firm advertises a home is for sale in a Public Notice of Mortgage Foreclosure Sale Notice that tells the public that about the homeowners debt, who the consumer is and that a debt collector is selling their home to pay off the mortgage. The Court held, “The plaintiffs (Thompke) have stated a plausible theory that the defendant abused Michigan’s foreclosure-by-advertisement statute by including extra information as a means to publicly disseminate private facts about the plaintiffs’ indebtedness to shame them into paying.”
Michigan homeowners now have a right to expect that their private debt information won’t be publicized when they are going through a foreclosure process that until now, has seemed very one-sided and stacked against them. With this Thompke Opinion, The Law Offices of Brian P. Parker, P.C. has leveled the playing field for consumers and forced debt collectors to follow the law and treat people with greater respect.