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We’ve Got Your Community Covered
Insurance and Risk Management Solutions
for CAI Members
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Employee Benefits | Property & Casualty
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www.usi.bizAt 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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