Author Question: In addition to the contractual agreements that place limits on employment relationships, there are ... (Read 48 times)

BrownTown3 · **on:** Jun 24, 2018

In addition to the contractual agreements that place limits on employment relationships, there are public policy exceptions that come from:
a. statutes
b. application of common law rules
c. both statutes and application of common law rules d. ancient Greek law
e. early British and French law

Question 2

Fair Debt Collection. A condominium association, Rancho Santa Margarita Recreation and Landscape Corp, attempted unsuccessfully to collect an assessment fee from Andrew Ladick. The association referred the matter to the Law Offices of Gerald J. Van Gemert. Van Gemert sent Ladick a letter demanding payment of the fee. The letter did not include a valida-tion notice, as required by the Fair Debt Collection Practices Act (FDCPA), nor did it disclose that Van Gemert was attempting to collect a debt and that any information obtained would be used for that purpose. Ladick filed a suit in a federal district court against Van Gemert and his office, alleging violations of the FDCPA. Van Gemert filed a motion for summary judgment on the ground that the assessment was not a debt, as defined by the FDCPA, in part because there was no transaction, as required by the FDCPA definition, out of which Ladick's obligation arose. Will the court agree with Van Gemert? Why or why not?

blazinlyss · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

c

Answer to Question 2

Fair debt collection
The court held that the assessment did not qualify as a debt within the meaning of the FDCPA. The U.S. Court of Appeals for the Tenth Circuit reversed this judgment, however, and remanded the case. The appellate court set out the FDCPA definition of a debt: any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment. Van Gemert argued that there was no transaction within the meaning of the FDCPA. The court disagreed, holding that the obligation to pay a condominium assessment arises in connection with the purchase of the condominium (which constitutes the transaction). Also, although the assessment was used to maintain and repair the condominiums' common areas, the court reasoned that it nevertheless has a primarily personal, family, or household purpose.