2014 Guide to Collection Law Training Seminar

Quickly Recover Debts While Staying in Compliance

Staying in regulatory compliance while attempting to collect a debt has never been more important. With this up to date program, you will gain all the tools and knowledge necessary to locate assets and collect judgments while avoiding FDCPA, TCPA and other violations. Join us as our experienced faculty explains the role of the CFPB in the collection industry and walks you through the most effective methods of recovering debts. Register today!

• Ensure compliance with the FDCPA.
• Know the quickest ways to locate assets.
• Learn how social media has impacted collection law.
• Explore the CFPB's areas of focus.
• Stay up to date and compliant with the TCPA.
• Understand how to collect debts when the debtor files for bankruptcy.

Agenda

1. The CFPB's Impact on Collections
   9:00 - 9:45, Jennifer Monty Rieker
   
   1. The CFPB's Reach of Authority
   2. Update on the CFPB's Rulemaking
   3. Types of Debt Collection Covered by the CFPB's Rule
   4. The CFPB's Areas of Focus
      1. Provision of Required Disclosures
      2. Data Accuracy in the Pursuit of Debt
      3. Complaint and Dispute Resolution Process
      4. Civil and Honest Communication With Consumers
   5. Avoiding Unfair, Deceptive or Abusive Acts or Practices (UDAAPs)
   6. Statements Regarding the Payment of Debt to Improve Credit Worthiness
2. Staying in Compliance With the FDCPA and Avoiding Pitfalls
   9:45 - 10:30, Jennifer Monty Rieker
   
   1. Federal FDCPA Rules
   2. State FDCPA Regulations
   3. Persons, Transactions and Communications Covered
   4. Social Media Debt Collecting
   5. Meaningful Involvement
   6. Rules for Notices in Communications/Document Disclosures
   7. Bona Fide Error
   8. Tips for Dealing With the Defiant Debtor
3. Successfully Locating Assets
   10:45 - 11:45, Melissa A. Jones
   
   1. Publicly Available Information
   2. Social Media and Discovery of Electronic Data
   3. Utilizing Valuable Internet Resources
   4. When to Use Investigators
   5. Debtor's Examination: Procedures, Service Requirements and Conducting the Exam
   6. Court Intervention and Assistance in Forcing Asset Disclosure
   7. Using Motions to Compel the Debtor's Compliance With Discovery Requests
   8. Locating Hidden Assets
      1. Finding Hidden Cash, Real Estate and Personal Property
      2. Bankruptcy Search
      3. Subpoena of Business Records
      4. UCC Search
      5. Judgment Search
      6. Motor Vehicles, Boat and Aircraft Registration
      7. Getting Information From the Bank
      8. Getting Information From the Credit Bureau
4. Collecting the Judgment: Methods That Work
   11:45 - 12:45, Hannah F.G. Singerman
   
   1. Drafting an Effective and Compliant Collection Letter
   2. Repossession
   3. Wage and Bank Garnishments
   4. Dealing With Fraudulent Transfers
   5. Current Exclusions and Limits on Attaching Assets
   6. Real Property Liens: Pros and Cons
   7. Passive and Active Receiverships
   8. Dealing With Exemption Claims by the Debtor
   9. Assignment Orders
   10. Writs of Execution
   11. Deficiency Actions
   12. Charging Orders
   13. Ensuring Compliance with the Servicemembers Civil Relief Act
5. Telephone Consumer Protection Act (TCPA) Compliance
   1:45 - 2:30, Scott W. Paris
   
   1. Brief Overview of the TCPA
   2. Recent Case Law: Does the TCPA Affect Collection Calls?
   3. Potential Penalties of TCPA Violations
   4. Tips for Avoiding Penalties
6. Collecting Through the Bankruptcy Process
   2:30 - 3:15, Scott W. Paris
   
   1. Preference Payment Basics
   2. Dealing With the Automatic Stay
   3. Exemptions
   4. Protecting Your Claim in Bankruptcy
   5. Avoidance Actions
   6. Dischargeability of Debts
7. Ethics for Collection Attorneys
   3:30 - 4:30, Sara M. Donnersbach
   
   1. Reporting Professional Misconduct
   2. Dealing With Unrepresented Persons
   3. Unauthorized Practice of Law
   4. Harassment