Melvin Sparks v. EquityExperts.org, LLC, No. 18-2378 (6th Cir. 2019)
Annotate this CaseThe Sparkses own property subject to a homeowners’ association. When they fell behind on their assessments, the Association engaged Equity Experts to collect that debt. Equity Experts also sought to collect from the Sparkses the $270 fee it charges the Association for its collection services; the Sparkses contend that those attempts violated the Fair Debt Collection Practices Act (FDCPA). That Act prohibits debt collectors from attempting to collect debts not “expressly authorized by the agreement creating the debt or permitted by law,” 15 U.S.C. 1692f(1). The Sixth Circuit affirmed summary judgment in favor of Equity Experts. The agreement at issue expressly authorizes the Association to collect its “costs.” The Declaration’s use of “costs” is best read in its ordinary sense to mean all “costs of collection,” and not just taxable “legal costs.” The Sparkses did not argue that Equity Experts’ fees were unreasonably high, nor did they provide substantial evidence of an understanding between Equity Experts and the Association that the Association would never actually have to pay the collection fees.
This opinion or order relates to an opinion or order originally issued on August 21, 2019.
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