7th Cir. Rejects Plaintiff’s FDCPA Arguments Regarding ‘Consumer’ Debt

/ Owner - March 13, 2020

The U.S. Court of Appeals for the Seventh Circuit affirmed entry of judgment on the pleadings against a former condominium association board director’s claim that the association’s attorneys’ request for fees in a separate state court action filed by the association against the former director violated the federal Fair Debt Collection Practices Act (FDCPA).  In so ruling, the Court agreed that the former board director failed to state a cause of action under the FDCPA, 15 U.S.C. 1692, et seq., because the attorneys’ fees at issue and authorized under the association’s “Restated Declaration” agreement for violations of the board’s rules or obligations did not constitute a “debt” under the FDCPA’s limited, consumer-protection-focused definition.    Read the article……………………………

Comments are closed.