2 09, 2020

Fifth DCA Recedes From Its Own Precedent Ruling Community Association Assessments Are “Debts” Under FCCPA

Assessment Collection, Community Association, Condominium Association, Court Decisions of Importance, Fair Debt Collection Practices Act, Foreclosure, Homeowners Association|

In a recent decision Williams v. Salt Springs Resort Association, Inc., Case No. 5D18-3913 (Fla. 5th DCA, June 12, 2020), Florida’s Fifth District Court of Appeal receded from its own longstanding precedent in holding that condominium assessments may be considered “debts” within the meaning of Florida’s Consumer Collection Practices Act,  Chapter 559, Florida Statutes (“FCCPA”).

17 02, 2020

Assessments are a Debt Subject to the Florida Consumer Collection Practices Act

Assessment Collection, Condominium Association, Court Decisions of Importance, Fair Debt Collection Practices Act, Foreclosure, Homeowners Association|

The collection of consumer debts is regulated both by the federal law under the Fair Debt Collection Practices Act (the “FDCPA”), and state law under the Florida Consumer Collections Practices Act (the “FCCPA”). The FDCPA and the FCCPA are not identical, but the FCCPA specifically acknowledges the continued applicability of the FDCPA. This means coming

3 06, 2019

Consumer Financial Protection Bureau Proposes Regulations to Modernize the Fair Debt Collection Practices Act

Fair Debt Collection Practices Act|

Congress delegated the authority to issue substantive rules interpreting the Fair Debt Collection Practices Act (“FDCPA”) to The Consumer Financial Protection Bureau (“CFPB”) in the Dodd-Frank Wall Street Reform and Consumer Protection Act. Recently, CFPB proposed new rules modifying the FDCPA.

The proposed rules seek to clarify and modernize many of the FDCPA’s requirements to bring it up