Understand the latest laws, strategies, and ethical challenges concerning communications with borrowers and debtors.
Debt collectors remain at the center of litigation and regulatory scrutiny, and this scrutiny is likely to increase as a result of current economic conditions stemming from the COVID19 pandemic. Collectors are subject to extensive rules and limitations on communications with debtors and third parties under the Fair Debt Collection Practices Act (FDCPA) and Telephone Consumer Protection Act (TCPA). The applicable rules of professional conduct also impose limits on the ethical actions an attorney can take in seeking to collection to debts. This topic will discuss the ethical rules applicable to debt collection, as well as the latest laws and regulations pertaining to debt collection communications, whether by phone or through the mail. The program will address the best practices and procedures for such communications, to avoid common risks and pitfalls that lead to violations. The topic will also address common claims and remedies for violations of the FDCPA and TCPA relating to debt collection communications.
Overview of Ethical Rules Often Implicated When Collecting a Consumer Debt
ï Competence, Diligence, Fees, Communications, Supervision of Others, and Truthfulness
ï Examples of Risks of Ethical Rules When Collecting Debts
Rules Governing the Collection of Debts Under the Fair Debt Collection Practices Act (FDCPA)
ï Overview of the FDCPA
ï Ethical Concerns When Communicating With the Debtor
ï Ethical Concerns When Communicating With Third Parties
ï Collection of Time-Barred Debts
ï Concerns Surrounding the Collection of Debts Discharged in Bankruptcy
ï Ethical Pitfalls Regarding Accrual of Interest
Rules Governing Telephone Communications With Borrowers Under the Telephone Consumer Protection Act (TCPA)
ï Overview of the TCPA and the Types of Equipment Subject to the Act (an Automatic Telephone Dialing System [ATDS])
ï Types of Violations
Eric M. Hurwitz with Stradley Ronon Stevens & Young, LLP, and Thomas F. Lucchesi with Stradley Ronon Stevens & Young, LLP
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request.