NV Dist Ct Says HOA Collection Agent Violation of FDCPA was Excusable as Bona Fide Error

Nevada US District Court decision (October 31, 2014).

A collection agency for a Nevada homeowners association mistakenly sent a homeowner a foreclosure notice that failed to include the mandatory warning language which states that the author of the notice was “a debt collector and the information obtained would be used for the purpose.” The required statement had been included in all prior and subsequent communications. The homeowner sued the collection agency based on claims of strict liability for failure to comply with the Fair Debt Collection Practices Act (“FDCPA”) due to the omission of the statement.