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Product ID: 403628EAU
 
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Fundamentals of Debt Collections Law

OnDemand Webinar (70 minutes)

Learn how to stay compliant when dealing with debt collection laws.With both the Consumer Financial Protection Bureau (CFPB) and very active consumer protection plaintiff's lawyers looking for money, third party debt collectors and especially, collection lawyers are consistent and open targets for claims debt collection abuses and non-compliance 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.

Authors

Ernest (Skip) H. Kohlmyer III, Shepard, Smith, Kohlmyer & Hand, P.A.

Agenda

The Alphabet Soup of Debt Collection Statutes: FDCPA, FCRA, and TCPA

• Fair Debt Collection Practices Act (FDCPA)

• Fair Credit Reporting Act (FCRA)

• Telephone Consumer Protection Act (TCPA)

Defining Debt Collection Harassment and Deceptive Practices

• Frequency of Telephone Contacts Under Section 1692d(5)

• False and Misleading Representations in Letters and Talk-Offs

• Compliance and Strategy Approaches to Litigation

How to Communicate With Consumers (Written, Telephonic and Electronic)

• Mandatory Disclosures

• Auto-Dialers

• Correct and Compliant Correspondence

• Texting, E-Mails and Social Media

"Meaningful Involvement" of Lawyers in Collection Litigation

• Review of CFPB Enforcements Actions Against Collection Lawyers

Defending FDCPA and TCPA Litigation

• Documentation and Use of Bona Fide Error Defense

• "Prior Express Consent" Defense

• Mitigation of Liability and Damages

• Settlements and Offers of Judgment

Ethical Considerations for Collection Attorneys