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Assignment Details BUAD371.W20_Summer 2022 Submission & Rubric Description Case Application Assignment #2! Is a Property Manager's Collection of Overdue Rent Exempt from Requirements of the
Assignment Details BUAD371.W20_Summer 2022 Submission & Rubric Description Case Application Assignment #2! "Is a Property Manager's Collection of Overdue Rent Exempt from Requirements of the Federal Fair Debt Collection Practices Act" Case: Franceschi v. Mautner-Glick Corp" In 1998, U.S. District Court case, Franceschi v. Mautner-Glick Corp., involved claims that a property manager and the property own violated the federal Fair Debt Collection Practices Act (the "FDCPA") when attempting to collect overdue rent. The purpose of the FDCP is to protect consumers from unfair and abusive debt collection practices, and it regulates collections made by third parties, such as attorneys, on behalf of another. For the most part, it does not apply to the activities of a creditor who is collecting a debt on its own behal or to the creditor's employees. In this case, Chris Franceschi (the "Tenant"), was a residential tenant in a building owned by King Enterprises (the "Owner"). The Owner contracted with Mautner-Glick Corp. (the "Property Manager") to handle management of the property, including rent collection. When th Tenant failed to pay rent, the Property Manager sent him a three day notice (pursuant to New York law) demanding payment. The Tenant sued, claiming that the Property Manager was acting as a "debt collector" as defined in the FDCPA, and had violated the law by failing to comply with its requirements. The Tenant also claimed that the Owner also was a "debt collector," arguing that the exemption for creditor did not apply in this instance because the Owner had used a name other than its own (the name of the Property Manager) to collect a deb The basic issue for the U.S. District Court (S.D. New York) was to determine whether the Property Manager and/or the Owner constituted a "debt collector" under the FDCPA. The FDCPA defines a "debt collector" as "any person who uses any instrumentality of interstate commerce or the mails in any business, the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another." Questions: This is a real case - you are required to go online and research information to help you respond to the questions - You Must provide all research references and identify where in your response each reference was used. 1. Explain the Federal Fair Debt Collection Practices Act (FDCPA) and its role 2. What were some of the issues in the case 2 What was the ruling of the Submit Assignment Previous Next 898 Calendar To Do Notifications 38 InboxAssignment Details BUAD371.W20_Summer 2022 7 when attempting to correct overdueTent. The purpose Of the is to protect consumers from unfair and abusive debt collection practices, and it regulates collections made by third parties, such as attorneys, on behalf of another. For the most part, it does not apply to the activities of a creditor who is collecting a debt on its own or to the creditor's employees. In this case, Chris Franceschi (the "Tenant"), was a residential tenant in a building owned by King Enterprises (the "Owner"). The Own contracted with Mautner-Glick Corp. (the "Property Manager") to handle management of the property, including rent collection. WI Tenant failed to pay rent, the Property Manager sent him a three day notice (pursuant to New York law) demanding payment. The Te sued, claiming that the Property Manager was acting as a "debt collector" as defined in the FDCPA, and had violated the law by failin comply with its requirements. The Tenant also claimed that the Owner also was a "debt collector," arguing that the exemption for cr did not apply in this instance because the Owner had used a name other than its own (the name of the Property Manager) to collect The basic issue for the U.S. District Court (S.D. New York) was to determine whether the Property Manager and/or the Owner const a "debt collector" under the FDCPA. The FDCPA defines a "debt collector" as "any person who uses any instrumentality of interstate commerce or the mails in any business, the principal purpose of which is the collection of any debts, or who regularly collects or atte to collect, directly or indirectly, debts owed or due or asserted to be owed or due another." Questions: This is a real case - you are required to go online and research information to help you respond to the questions - You Must provide all research references and identify where in your response each reference was used 1. Explain the Federal Fair Debt Collection Practices Act (FDCPA) and its role 2. What were some of the issues in the case 3. What was the ruling of the courts Remember, this assignment MUST be completed by at least 2 or more of you, so please choose 1 or more of your classmates to complete this assignment. Only 1 paper to be submitted for each team and no more than 2 pages! Please include all names of those who participated. This assignment is worth 50 points. Please post your responses below in this section. Submit Assignment Previous 38 888 Calendar To Do Notifications Inbox
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