By Matthew A. Quick In light of the recent holding of the Appellate Court of Illinois in American Management Consultant, LLC, v Carter, it is strongly recommended that landlords comply with the tenets of the Fair Debt Collection Practices Act, 15 USC 1692, et seq, when attempting to collect back rent or any other past due obligation of a lessee.
The Fair Debt Collection Practices Act (also referred to as "FDCPA" or hereinafter as the "Act") was enacted to protect consumers from abusive collection practices by obligating debt collectors to comply with certain requirements when attempting to collect a debt. Debt collectors that fail to follow the requirements of the FDCPA, expose themselves to possible damages. Since landlords who are attempting to collect back rent, or any other past due obligation of a lessee, may be viewed as debt collectors, they too should comply with the requirements of the FDCPA to avoid any unnecessary liability.
For questions regarding specific requirements or provisions of the Fair Debt Collection Practices Act, please feel free to contact me; I am happy to help.