What are the fair debt collection practices applicable to HOAs?

In Virginia, homeowners associations (HOAs) are subject to the Fair Debt Collection Practices Act (FDCPA). The FDCPA is a federal law that sets out guidelines for collection agencies and debt collectors, including HOAs. It applies when a debt is in default and the homeowner has been contacted regarding it. The FDCPA generally prohibits debt collectors and collection agencies, including HOAs, from using unfair, harassing, or deceptive practices when collecting a debt. This includes contact using obscene language, threats of violence, and repeated phone calls intended to annoy or harass. Collectors must also disclose their identity immediately when they begin a phone conversation and cannot misrepresent the amount of debt owed or the legal status of the debt. Collectors are also prohibited from dispensing false information or using false documents, such as fake court orders or affidavits. The FDCPA also requires HOAs to provide consumers with written notice of the debt prior to filing a collection lawsuit and to provide the consumer with an opportunity to dispute the debt and obtain verification of the debt. If a dispute is raised, the collector must provide written verification of the debt for the consumer. Lastly, the FDCPA prohibits HOAs from attempting to collect a debt that is not legally owed or a debt the consumer has already paid.

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What are the fair debt collection practices applicable to HOAs?

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