Supreme Court of New Jersey

Rochelle Hodges and Renita Hodges, Plaintiffs-Respondents v. Sasil Corporation, Sotnas Garden Apartments…

January 31, 2007189 N.J. 210

Summary

The Supreme Court of New Jersey held that a law firm that regularly files summary dispossess actions for nonpayment of rent is a "debt collector" under the Fair Debt Collection Practices Act (FDCPA) and affirmed the Appellate Division's judgment. The Court reasoned that rent is a debt within the FDCPA's definition and that attorneys who regularly seek payment through such actions fall within the statute's scope, rejecting the argument that the Act conflicts with New Jersey summary dispossess procedures. The opinion remands for determination of the firm's regularity and directs the Special Civil Part Practice Committee to consider procedural recommendations. Justice LaVECCHIA, concurring in part and dissenting in part, and Justice Rivera‑Soto joined in a separate opinion disagreeing with the majority's application of the FDCPA.