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RGMacEsq
RGMacEsq, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 11933
Experience:  Licensed Texas General Practice Attorney
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I am a CA resident and own an OR LLC which owns a condo in

Customer Question

I am a CA resident and own an OR LLC which owns a condo in OR. The previous owner owed some money to the HOA, which I have since paid. However, the HOA management company called my business (100% unrelated to the real estate LLC) and told one of my employees he was going to foreclose on my property if I did not pay. My question is, did this violate any sort of privacy or debt collection law in OR or CA?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  RGMacEsq replied 1 year ago.

RGMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

RGMacEsq :

I'm sorry to hear about your situation. Unfortunately, neither the Federal, California, or Oregon debt collection practices acts deal with business debt. They govern "consumer" debt, “Consumer” means a natural person who purchases or acquires property, services or credit for personal, family or household purposes. It has to be a natural person, and has to be for those purposes.

RGMacEsq :

Further, the regulated entities would have to be businesses that are primarily in the business of debt collection.

Customer:

When he called my office, He stated I and used my name, owed the debt

RGMacEsq :

Original creditors are not covered under these debt collection laws.

Customer:

what about provacy law?

Customer:

privacy

RGMacEsq :

Understood. Privacy law governs acts that have a "reasonable expectation of privacy". Debts are not typically covered under privacy laws (although it's possible that it could be tangential to something to maintain the private nature, such as medical costs, etc...)

RGMacEsq :

But real estate (which is public record anyway) would not have that same private nature.

Customer:

well here's the issue, he made it seem to my employee that I, as a person, owed money and he was going to foreclose

Customer:

would taht at least be slander?

RGMacEsq :

Possible, but for slander you would have to show a false statement of material fact that caused you specific, quantifiable damages. While this might have met all the other requirements, something like this being told to an employee would probably not result in you having damages caused by that lie (that you could prove to a specific dollar amount).

RGMacEsq :

Rather, that would be general "reputation" damages, which are almost impossible to prove.

Customer:

it appears some of these laws protect scumbags

Customer:

oh well

RGMacEsq :

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

thanks

RGMacEsq, Lawyer
Satisfied Customers: 11933
Experience: Licensed Texas General Practice Attorney
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