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Friday, February 3, 2012

Fair Debt Collection

Ever stop to think what people in other states are going through? Here is some info form California--Is sit possible that Federal law applies here also? It might be a good idea for members to review some of the Fair Debt Collection practices as it relates to Associations. Have any friends? How about enemies? They still may need to know there are a few laws left in America. Invite them to click on this article and learn.

The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from making false or misleading representations and from engaging in abusive and unfair practices in the collection of consumer debt. Violations of the Act can result in fines and damages against the association plus attorneys' fees.

FDCPA Applies to Assessments. Associations that hire third parties to collect delinquent assessments, such as lawyers, collection companies, and management companies, are governed by the FDCPA. In Thies v. Law Offices of William A. Wyman (SD Cal 1997) 969 F.Supp. 604, the court held that homeowner association assessments fall under the Fair Debt Collection Practices Act. The FDCPA requires that certain disclosures be made to homeowners. In addition, debt collectors are prohibited from making harassing telephone calls, making idle threats, directly contacting owners represented by counsel, etc."

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