The topic of the Fair Debt Collections Practices Act came up at the recent OBA webcast on Oklahoma homeowner association law. Specifically, the question was:
Q - Do HOA boards have to comply with the Fair Debt Collections Practices Act?
A - The FDCPA is found at 15 USCA 1692 et. seq. By definition, a board member or officer of an HOA collecting the HOA's own debt is not a "debt collector" under the FDCPA. 15 USCA 1692(a). However, if for some reason the HOA sought to collect its own debt under an assumed name which would tend to make a consumer believe a third party sought to collect a debt, the HOA could be defined as a "debt collector" under the FDCPA - why an HOA would ever do this is beyond me.
Matthew L. Winton, Oklahoma homeowner association lawyer
