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Fundamentals of Debt Collections Law

presented by Lorman Education Services
View the Lorman Education Services Profile and Course Listings

Summary

Fundamentals of Debt Collections Law

Workshop Description/Agenda

Learning Objectives
Learning Objectives * You will be able to define debt collection harassment and deceptive practices. * You will be able to describe how to communicate with consumers. * You will be able to identify several debt collection statutes, including the FDCPA, FCRA and TCPA. * You will be able to explain best practices when defending FDCPA and TCPA litigation.

Benefits
Gain the knowledge you need to navigate the dangers of collecting consumer debts and learn techniques to reduce the risk of harmful lawsuits. Learn how to stay compliant when dealing with debt collection laws. With both the Consumer Financial Protection Bureau (CFPB) and very active consumer protection plaintiffs lawyers looking for money, thirdparty debt collectors and especially collection lawyers are consistent and open targets for claims debt collection abuses and noncompliance issues. Even nominal violations of the FDCPA or TCPA can lead to class action litigation and exposing debt collectors to exposure to large damages. This topic will provide you with the knowledge you need to navigate the dangers of collecting consumer debts and to provide you with collection techniques and strategies to reduce the risk of frivolous or harmful lawsuits.

Agenda
The Alphabet Soup of Debt Collection Statutes: FDCPA, FCRA and TCPA
ï Fair Debt Collection Practices Act (FDCPA)
ï Fair Credit Reporting Act (FCRA)
ï Telephone Consumer Protection Act (TCPA)

Defining Debt Collection Harassment and Deceptive Practices
ï Frequency of Telephone Contacts Under Section 1692d(5)
ï False and Misleading Representations in Letters and Talk-Offs
ï Compliance and Strategy Approaches to Litigation

How to Communicate With Consumers (Written, Telephonic and Electronic)
ï Mandatory Disclosures
ï Auto-Dialers
ï Correct and Compliant Correspondence
ï Texting, Emails and Social Media

Meaningful Involvement of Lawyers in Collection Litigation
ï Review of CFPB Enforcements Actions Against Collection Lawyers

Defending FDCPA and TCPA Litigation
ï Documentation and Use of Bona Fide Error Defense
ï Prior Express Consent Defense
ï Mitigation of Liability and Damages
ï Settlements and Offers of Judgement

Faculty
Ernest H. (Skip) Kohlmyer, III, Esq., LL.M. with Shepard, Smith, Kohlmyer & Hand, P.A.

Credits
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,CPE ,Additional credit may be available upon request.

Who Should Attend

This live webinar is designed for credit and collection managers, attorneys, lending professionals, presidents, vice presidents, branch managers, directors, controllers and accountants.

Additional Information

Training Provider: Lorman Education Services

Course Topics: Accounting Training > Credit/Collection

Training Course Summary: Fundamentals of Debt Collections Law