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Sponsored by Lorman Education
Product ID: 404946EAU
 
Credit & Course Provided by:

Addressing and Handling Unique Collection Situations

OnDemand Webinar (60 minutes)

Gain a better understanding of collection letters, the language contained therein and their collection practices to assure compliance with the FDCPA.This information will examine specific collection letter language and collection practices. It will specifically address the following collection letter questions that courts have examined and ruled upon - Do collection letters violate the FDCPA by setting nonexistent deadlines and falsely threatening debtors with imminent legal action if those deadlines were disregarded?; Do collection letters violate the FDCPA by setting nonexistent response deadlines?; Do collection letters violate § 1692 3(10) by falsely implying the 'price of poker' had gone up because the account was transferred to a litigation department, when in fact the status of the account was no different?; Does a collection letter's repeated reference to its "Litigation Department" result in a direct violation of § 1692e(3) and § 1692e(10)?; and Does an attorney sending a debt collection letter without having meaningfully reviewed the case prior to issuing a collection letter violate the restrictions imposed by § 1692e? Collection firms and collection attorneys will have a greater understanding of how courts have viewed and interpreted specific collection letter language and related collection activities by collection firms, collection legal departments and collection attorneys. Be in a position to reexamine your own collection letters, the language contained therein and your collection practices to assure compliance with the FDCPA.

Authors

Richard J. Tomeny Jr., Attorney at Law

Agenda

Collection Letters That May Violate Sect 1692e(5) and (10) by Threatening Immediate Legal Action

  • Language Held to Be Acceptable
  • Language Held to Be in Violation

Collection Letters That May Violate Sect. 1692e(10) by Setting a 30-Day Deadline

  • Language Held to Be Acceptable
  • Language Held to Be in Violation

Collection Letters That May Violate Sect. 1692e(10) by Stating the Account Was Transferred to the Litigation Department

  • Language Held to Be Acceptable
  • Language Held to Be in Violation

Whether a Collection Letter Violates Sect 1692e(3) and/or (10) by Referencing the Litigation Department

Collection Letters on Attorney Letterhead

  • When Are Attorney Letters Considered "False, Deceptive, or Misleading Representation" - Circuits Are Split
  • Attorney's Review of File for Litigation
  • The False Representation or Implication That Any Individual Is an Attorney or That Any Communication Is From an Attorney
  • The Threat to Take Any Action That Cannot Legally Be Taken or That Is Not Intended to Be Taken
  • Threatening Immediate Legal Action

Additional Formats

Audio & Reference ManualMore Info
MP3 DownloadMore Info