Understand call-baiting laws under the FDCPA to maximize your company’s ability to not take the bait.
Converting a call into a collection is difficult. Converting a call into a violation of the Fair Debt Collection Practices Act (FDCPA) through call-baiting is far too easy and all too common. Suits claiming violations of the FDCPA remain prevalent, are costly to defend or settle and sometimes result in the closure of the account being collected. This topic will define and explore call-baiting from multiple perspectives to maximize your company’s ability not to take the bait.
Besides exploring how call-baiting happens and is successful, we will discuss clues to recognize when it is occurring and strategies to (i) avoid it from occurring, (ii) combat it while it is occurring and (iii) prevent a violation. We will explore red flag states, examples of debtor scripting (e.g., credit reporting, disputes and payment), case studies and appropriate ways to respond to avoid litigation. We will also discuss how call-baiting is used to support violations of other statutes, such as the Telephone Consumer Protection Act, and how debtors bait collectors into a violation through correspondence.
Agenda
Faculty
Robert M. Horwitz
Dykema Gossett PLLC
- Member of Dykema Gossett PLLC
- Practice emphasizes all aspects of the consumer financial services industry
- Routinely represents debt buyers, debt collectors, national, regional and local banks and other related consumer finance entities in federal and state consumer litigation (individual cases and class actions), including claims under the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA) and other federal and state statutes
- Prominent commentator and thought leader on issues involving debt collection, credit reporting, the TCPA and building and maintaining an effective compliance management system
- Besides defending companies in litigation, he counsels entities on compliance and regulatory issues involving the statutes identified above and advises them on best practices to avoid litigation and remediate root causes of litigation
- Frequently requested to speak at trade association conferences (Debt Buyers International and ACA International) on existing and emerging compliance and litigation issues
- Prior to re-joining Dykema in 2012, he worked as the chief litigation counsel for a publicly-traded debt buyer where he handled litigation, compliance and regulatory matters
- Can be contacted at 313-568-5384 or [email protected]
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