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Fair Debt Collection Practices Act: A Case Study

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Community association assessments are considered consumer debt as defined by the Fair Debt Collection Practices Act (FDCPA) and certain state laws. CAI supports reasonable statutory restrictions that apply to the collection of community association assessments to avoid owners from being subjected to abuse or harassment. CAI also recognizes that FDCPA and state statues governing collection may provide technical arguments to owners that have not suffered harm and such arguments can be used to avoid paying legitimate assessments that are essential to operate community associations. CAI supports legislation that eliminates technicalities in which owners can utilize the FDCPA or other laws to avoid paying legitimate assessments. Background …show more content…

The Act proscribes the type of activities debt collectors may undertake and requires certain disclosures to consumers. In the past, compliance by community association practitioners was viewed as voluntary. Today, compliance by attorney debt collectors is mandatory under law. With the exception of those management companies obligated to comply with the Act in particular jurisdictions, most management companies are considered to be agents of the association for whom collection of the debt is an incidental duty owed to the association. Because a management company is viewed, by virtue of its agency, as collecting debt for itself, management companies are not required to comply with FDCPA like a third party debt collector. Management companies, with the exception of those jurisdictions mandating compliance, are typically not obligated to comply with FDCPA. Attorneys and collection companies who collect debts on behalf of associations should comply with FDCPA and any applicable state law, unless they are exempt from doing so by

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