Federal Appellate Ruling: Management Companies Are Not Subject To Fair Debt Collection Practices Act

A Federal Appeals Court has ruled that the Fair Debt Collection Practices Act (“FDCPA”), which imposes civil liability on debt collectors for certain prohibited practices, does not apply to community management companies that provide a variety of services to common interest communities. In Harris v. Liberty Community Management, Inc., the Eleventh Circuit Court of Appeals held that management companies are protected by a provision in the FDCPA that exempts individuals and entities whose collection responsibilities are “incidental to a bona fide fiduciary obligation.” This exemption would not apply to management companies whose central or primary obligation is the collection of assessments.  Read More……


Related Articles

Help with Going Green: Tapping Federal and State Incentive Programs

With the green movement in full swing across the country, it is not surprising that incorporating energy saving and efficient

Maryland Top Court to Review Condo Towing Rule

To tow or not to tow…with apologies to William Shakespeare, that is the question at the heart of long-running litigation

2017 Florida Condominium and Homeowners Association Legislation

During the legislative session which ended on May 5, 2017, the Florida legislature passed 5 bills that will become law