![]() ![]() Thus, the firm has to comply with all FDCPA provisions governing debt collection.Īs a regulated debt collector, an attorney hired by an HOA is limited by the FDCPA in the actions he or she can take on the association’s behalf. If a law firm attempts to collect debts as a regular part of its practice, the firm is a “debt collector” under the FDCPA. Where the FDCPA kicks in is when the HOA turns unpaid assessments over to an attorney’s office or debt collector for collection, including lien-filing if intended to result in payment from the member. However, as long as the association is attempting to collect the debt on its own behalf, it will not qualify as a “debt collector” and therefore not be regulated by the FDCPA. ![]() And a member of a homeowners association who owes a debt to the association is considered a “consumer” protected by the FDCPA. HOA fees are considered “debts” under the FDCPA. The law requires certain notices to debtors, prohibits certain forms of communications, and generally bans harassment or abusive conduct by debt collectors toward consumers. § 1692 et seq., regulates “debt collectors” who regularly attempt to collect debts owed to third parties by consumers. The Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. ![]()
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