Cathy Booze v. Ocwen Loan Servicing, LLC

Miami, Florida consumer law lawyer represented the Plaintiff seeking to enforce the Fair Debt Collection Practices Act.



The Plaintiff claimed that Defendant-Appellant Ocwen Loan Servicing, LLC (Ocwen)1 violated

the Fair Debt Collection Practices Act (FDCPA) when it charged 1 Ocwen has since been succeeded by PHH Mortgage Corporation by merger.



consumers optional fees for making expedited mortgage payments online or by phone. Plaintiff-Appellees Sheryl Glover and Cathy Booze argue Ocwen's "Speedpay fees” were an unconscionable means of collecting a debt under the FDCPA, which prohibits "col- lection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.” 15 U.S.C. § 1692f(1).

The Eleventh Circuit held that Ocwen violated the FDCPA because it is a

“debt collector” that charged an “amount” not “expressly author-

ized by the agreement creating the debt or permitted by law.” 15

U.S.C. § 1692f(1). Th