TBA Law Blog


Posted by: Stacey Shrader Joslin on May 19, 2021

U.S. District Judge Eli Richardson last week denied a landlord’s request for a temporary restraining order to block a Consumer Financial Protection Bureau rule requiring debt collectors and lawyers who file eviction cases to notify renters of their eligibility for relief under the federal eviction moratorium. Richardson said such an order was not necessary since the U.S. Sixth Circuit Court of Appeals previously refused to stay a district court decision that found the ban unconstitutional. If the ban is not binding in Tennessee, the need to give notice is moot, he argued, according to Reuters. But he cautioned that the appeals court decision is not final and his comments should be considered as "dicta" and not be interpreted to give landlords "cover" for ignoring the notification rule.