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FDCPA: Top Challenges

presented by NBI, Inc.
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FDCPA: Top Challenges

Workshop Description/Agenda

Get Practical Solutions for Tackling Top Pitfalls!

FTC Regulators are tightening regulations on numerous Fair Debt Collection Practices Act (FDCPA) violations in an effort to stop harassment and abusive collection retrieval practices. Our seasoned faculty will walk you through the top challenges that attorneys make regarding the FDCPA and give you proven tactics on how to avoid these common dangers. Be prepared if regulators come knocking on your clients' door. Register today!

  • Get solutions to overcome Mini-Miranda Warning top challenges.
  • Learn the rules revolving around third-party disclosure and when it is illegal.
  • Clarify how applying the automatic stay rules can stop or prevent debt collector contacts.
  • Find out how validation and verification of debt can land you in hot water.
  • Discover what language you can and cannot use in collector talk-offs.
  • Understand what hidden dangers lurk in cease and desist letters.

This is a rebroadcast of the original webcast delivered by Ernest H. Kohlmyer on June 4, 2018. Faculty will be available to answer your questions after the program.


10:00 am to 5:00 pm Eastern Standard Time
Presenter: Ernest H. Kohlmyer

  1. The "Mini-Miranda" Warning - Top Challenges
    10:00 - 11:00
    1. Does the "Mini-Miranda" Warning Include the Right Words?
    2. Top Dangers Attorneys Face When Drafting the Letter
    3. Discussing the "Mini-Miranda" Warning via Phone - Top Pitfalls
    4. Challenges with Contacting Third Parties
  2. Debtor Cease and Desist Request Pitfalls to Avoid
    11:15 - 12:15
    1. Cease and Desist Letter Hidden Dangers for Debtors
    2. Top Debtor Rights Under the FDCPA Overlooked by Creditors
    3. Phone Call Pitfalls to Avoid
    4. Restrictions on Written Communications/Letters: What Debt Collectors Need to Avoid
    5. When a Debt Collector Ignores a Cease and Desist Letter
    6. Attempts to Collect Debts Not Owed/"Phantom Debts"
  3. Verifying Debt and False, Deceptive and Misleading Representation Dangers
    12:15 - 1:15
    1. Debt Verification Requirements - Are You Following Them?
    2. Debt Validation Letter - Why it Can Land You in Hot Water
    3. Confusion Regarding Debt Validation vs. Debt Verification Letters
    4. Disclosure About Debt
    5. False Statements
    6. Debtor Rights Under the FDCPA Regarding Verification of Debt
    7. Threats to Arrest Debtors, File Lawsuits and Garnish Wages (Taking/Threatening an Illegal Action)
    8. Cases That Have Gone Beyond the Statute of Limitations
    9. Post-Dating Check Problems
    10. Predatory Lending Scheme - Sample Case Studies
  4. Difficulties in Communicating with Consumers
    1:45 - 2:45
    1. The "Least Sophisticated Consumer" Standard - Hidden Dangers and Debtor Rights Under the FDCPA
    2. Spanish-Speaking Consumer Difficulties
    3. Top Communication "Tactics" Used by Creditors That Lands Them in Hot Water
    4. Dealing with Consumer "Stalls" While Remaining Compliant
    5. Problems When Discussing Litigation with the Consumer
    6. Complications When Communicating with Third Parties
  5. Debt Collection Telephone Call Troubles
    2:45 - 3:45
    1. Debt Collection Calls at Work
    2. Vocabulary and Language in Collector Talk-Offs
    3. Leaving Messages and Other Technology-Related Complexities
    4. Third-Party Disclosure Issues
    5. Excessive Phone Calls
    6. Threats of Violence, Harm or Arrest
    7. Anonymous Phone Calls
    8. Contact with Family Members
  6. Ethics for Collection Attorneys
    4:00 - 5:00
    1. Reporting Professional Misconduct
    2. Dealing with Unrepresented Persons
    3. Unauthorized Practice of Law
    4. Harassment

Who Should Attend

This course is designed for attorneys. Accountants and paralegals may also benefit.

Additional Information

Training Provider: NBI, Inc.

Course Topics: Law Training > Bankruptcy/Collection

Training Course Summary: FDCPA: Top Challenges

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