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Can our property management company make outbound calling efforts for the association?

The Fair Debt Collections Practices Act, Section 803, Paragraph 6 states that a debt collector means “any person…who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.” When a property management company sends an outstanding balance ledger to a delinquent homeowner, there is no collection action taken on their part, simply a notification and factual summary of information provided to the homeowner. In contrast, a phone call initiated by the management company could be construed as a collection activity and is subject to the perception and recollection of the callers. This could cause the management company to be in violation of the FDCPA, exposing them to potential claims that would likely require indemnification and legal representation at the expense of the community association.

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