CAI-NJ May 2017

M A Y , 2 0 1 7

We’ve Got Your Community Covered

Insurance and Risk Management Solutions

for CAI Members

Employee Benefits | Property & Casualty

Personal Risk Services | Retirement Consulting

www.usi.biz

At USI, our condominium specialists combine proprietary

analytics, broad experience and national resources to

custom-fit an insurance and risk management plan that

meets your needs. For decades, our team has been

providing the solutions and services that CAI members

count on to protect their communities. We’d like to do the

same for you.

USI Insurance Services

40 Bey Lea Road, Ste. A201

Toms River, NJ 08754

800.596.5252

Therefore, in order to attempt to col-

lect unpaid amounts, it is important

to seek advice from counsel as to the

steps an association may employ., To

the extent that is possible, this should

be done in a timely manner.

With that said, another element of

a productive and efficient collection

process is early communication with

the non-paying unit owner. Again,

there is the question of how, and

even whether, to utilize the services of

association counsel or whether other

association representatives should ini-

tiate communications. However, this

question is not as straight-forward as

a consideration of costs – there is also

the potential impact of the federal

Fair Debt Collection Practices Act (the

“FDCPA”), 15 U.S.C. § 1692 et seq.

A key element of the FDCPA pertains

to the question of who is a “debt

collector” for purposes of the FDCPA,

which defines that term in part as:

[A]ny person who uses any instru-

mentality 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.

[15 U.S.C. § 1692a(6).]

The term “debt collector” as further

stated by the FDCPA does not include:

[A]ny officer or employee of a

creditor while, in the name of the

creditor, collecting debts for such

creditor[.]

[15 U.S.C. § 1692a(6)(A).]

BANG FOR YOUR BUCK...

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