![]() 1997), a case involving a claim against an association’s law firm for violation of the FDCPA while attempting to collect past due assessments. The California Federal District Court analyzed applicability in Thies v. įirst, we will review the applicability of the statutory definitions of “consumer” and “debt” for purposes of the Act. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts.15 U.S. Code § 1692a(5).ĭebt Collector - any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Code § 1692a(4).ĭebt - any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment. Code § 1692a(3).Ĭreditor - any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating the collection of such debt for another. To understand the logic, owners must read and understand the following key definitions outlined under 15 US Code § 1692a - Definitions:Ĭonsumer - any natural person obligated or allegedly obligated to pay any debt. However, many courts have determined that because homeowners have an obligation to pay money to the association and because the obligation arises from the purchasing of the property, HOA fees are a consumer debt within the definition of the FDCPA. There has been much debate as to whether the HOA fees constitute a “debt” under the Act.
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