Mealey's Litigation Procedure - Homeowner States Valid Claims Of Unlawful Fees, Actions, Judge Finds

SAN FRANCISCO - A condominium owner can pursue class claims under California's unfair competition law (UCL) based on violations of the state's Davis-Stirling Common Interest Development Act because she sufficiently alleges that a debt collection company hired by her homeowners association improperly attempted to collect fees from her and foreclose on her home in violation of the Fair Debt Collection Practices Act (FDCPA), a federal judge ruled July 11 in denying the company's motion to dismiss (Gena Hanson v. JQD, LLC, d/b/a Pro Solutions, No. 13-05377, N.D. Calif.; 2014 U.S. Dist. LEXIS 94742).

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