Zakia Mashiri owns a home in San Diego, California. She is a member of the Westwood Club

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Zakia Mashiri owns a home in San Diego, California. She is a member of the Westwood Club Homeowners’ Association (HOA), which charges each member an annual fee. When Mashiri failed to pay the fee, the law firm of Epsten Grinnell & Howell sent her a letter demanding payment. The letter read, “Failure to pay your . . . account in full within thirty- five days from the date of this letter will result in a lien . . . against your property.” Mashiri asked for validation of the debt. Within two weeks of receiving it, she sent HOA a check for the fee. Meanwhile, the law firm filed a lien against her property. Mashiri filed a lawsuit in a federal district court against the law firm, alleging a violation of the Fair Debt Collection Practices Act. On what provision of the act did Mashiri likely base her allegation? Will she succeed in her lawsuit against the law firm? Explain your answer. [Mashiri v. Epsten Grinnell & Howell, 845 F.3d 984 (9th Cir. 2017)]

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The Legal Environment Today

ISBN: 9780357635636

10th Edition

Authors: Roger LeRoy Miller, Frank B Cross

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