11.6.2 Fair Debt Collection Practices Act

The federal Fair Debt Collection Practices Act (FDCPA)1 prohibits debt collectors from harassing or abusive communication with a consumer.2 It also prohibits a debt collector from making false or misleading representations about a debt.3 Within 5 days of communication with a consumer about a debt, the debt collector must send written notice detailing the debt.4 If the consumer disputes the debt, the debt collector must cease collection and verify the debt.5

The FDCPA does not apply to landlords who are attempting to collect from their own tenants,6 but may apply where a landlord uses a name other than his own to collect his own debt.7 However, it does apply to attorneys and collection agencies who attempt to collect debts for landlords.8 Some unfair debt collection practices are:

• Suit filed by debt collection agency against tenant for back rent, where debt collection agency did not own the debt, nor was it authorized to practice law in the state.9
• Communication by law firm that if a tenant signs a stipulation (consent judgment) to move by a certain date the eviction will be dismissed, and then failure to dismiss the eviction.10
• Demand for payment of amounts not authorized or due.11
• Utility shutoffs and lockouts seeking to force a tenant to pay rent in violation of bankruptcy stay.12
• Seizure of tenant’s property without valid lien.13
• Telephone or phone harassment, entry of premises to collect rent.14

• 115 U.S.C. § 1692, et seq.
• 215 U.S.C. §§ 1692c–1692d.
• 315 U.S.C. § 1692e.
• 415 U.S.C. § 1692g.
• 5Id.
• 6Carter v. Tacony Crossing 2021 LLC, No. 22-CV-4941, 2023 WL 2025037, at *3 (E.D. Pa. Feb. 15, 2023) (collecting cases).
• 715 U.S.C. § 1692a(6); Taylor v. Perrin, Landry, deLaunay & Durand, 103 F.3d 1232 (5th Cir. 1997); Brown v. Crawford, No. 3-07-CV-1930-M, 2008 WL 508390, at *3 (N.D. Tex. Feb. 25, 2008) (“Defendant, who is a landlord attempting to collect a debt owed by her tenants, does not meet the statutory definition of a ‘debt collector.’”).
• 8Goldstein v. Hutton Ingram, 374 F.3d 56 (2d Cir. 2004) (attorney’s 3-day notice demanding rent or departure); Romea v. Heiberger Assocs., 163 F. 3d 111 (2d Cir. 1998) (rent demand notice by attorney as predicate to eviction).
• 9Poirier v. Alco Collections, Inc., 107 F.3d 347, 350 (5th Cir. 1997).
• 10Warden v. Tschetter Sulzer, P.C., No. 122CV00271CNSNRN, 2022 WL 17416732 (D. Colo. Dec. 5, 2022) (denying landlord’s motion to dismiss).
• 1115 U.S.C. § 1692f(1); McGrath v. Mishara, 434 N.E.2d 1215 (Mass. 1982) (under state statute); Hodges v. Sasil Corp., 915 A.2d 1 (N.J. 2007). But see Ducrest v. Alco Collections, Inc., 931 F. Supp. 459, 462 (M.D. La. 1996) (attorney not liable under FDCPA where inaccurate amount listed based on client landlord’s representation, and therefore misrepresentation was not knowing or intentional).
• 12In re Aponte, 82 B.R. 738 (Bankr. E.D. Pa. 1988) (under state statute) (subsequent court declined to follow on other grounds).
• 13Clarkson v. DeCaceres, 105 B.R. 266 (Bankr. E.D. Pa. 1989) (under state law).
• 14Id.

Disclaimer: The articles in the Gillis Long Desk Manual do not contain any legal advice.