Fair Debt Collection Practices Act (FDCPA)

Overview and Guidance

• Fair Debt Collections Practices Act
  (September 30, 1996)

• NMHC Overview and Guidance on Apartment Firm Obligations Under the FDCPA
  Overview on the issue of whether property managers seeking back rent are considered "debt collectors" and subject to the fair debt collection practices act. Includes guidance for members to comply with the FDCPA and talking points on NMHC's position.

• NMHC Property Management Update
  Reviews ambiguities that mean apartment owners and their attorneys pursuing past due rent or an eviction may trigger the law’s requirements. (September 2006)

Third-Party Resources

• FTC's FDCPA Web Site
  Includes staff commentary on the FDCPA and staff opinion letters.

• FTC Staff Opinion: Applicability of the FDCPA to Property Managers
  Concludes property managers are probably "creditors" and not "debt collectors," but an attorney who regularly collects overdue rent on behalf of a property manager would be considered a "debt collector" and governed by the FDCPA. (November 1995)

• FTC Advisory Opinion on Collection Activities under the FDCPA
  FTC advisory opinion regarding collection activities under the FDCPA. (March 2000)

• Romea v. Heiberger: Appellate Decision
  Appeals Court decision that back rent is a "debt" under FDCPA and the demand notice is a "communication" covered by the Act. (December 9, 1998)

• Travieso v. Gutman
  U.S. District Court ruling that property managers are debt collectors, in contradiction to a 11/6/1995 FTC Staff Opinion Letter. (November 16, 1995)