Andrew Ladick brought suit against Gerald J. Van Gemert, an attorney, alleging that Van Gemert…

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Andrew Ladick brought suit against Gerald J. Van Gemert, an attorney, alleging that Van Gemert had sent him a letter on behalf of a California condominium association demanding payment of a pastdue condominium assessment fee. He alleged that the letter violated the Fair Debt Collection Practices Act (FDCPA) because it failed to give a “validation notice” and did not expressly disclose that Van Gemert was attempting to collect a debt and that any information obtained would be used for that purpose. The trial court found that the condominium assessment that Van Gemert sought to collect was not a “debt” under the FDCPA and granted summary judgment to Van Gemert. Ladick appealed. On appeal, Van Gemert argued that a condominium assessment does not involve an extension of credit and is more like a tax than a debt. Should the FDCPA apply to this transaction?

 

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