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Consumer Protection Statutes and Pre-Judgment Collections

Learn to take a proactive approach as creditors and debt collectors to become more efficient in the process of minimizing civil fines.

Many creditors and debt collection companies engage in pre-judgment collection activities without fully understanding what actions may expose them to liability under the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act and how best to avoid such liability while still effectively collecting the debt owed to them. This content will help creditors and debt collection companies to understand what consumer protection statutes apply to them, what actions could subject them to liability under those statutes, and the best practices for avoiding such liability. The material also explains recent case law affecting the application of these statutes and potential changes to these statutes in light of the current political climate. This information is critical for creditors and debt collectors so they can maximize their effective collection activity while minimizing the risk of civil fines and damages.

Runtime: 61 minutes
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Introduction

  • Purpose of Seminar
  • Pertinent Statutes

- Fair Debt Collection Practices Act (FDCPA)

- Telephone Consumer Protection Act (TCPA)

  • Types of Debts/Accounts at Issue

FDCPA

  • To Whom FDCPA Applies

- 'Debt Collector' vs. 'Creditor'

  • Prohibited Acts

- 'Least Sophisticated Consumer' Standard

- Harassment or Abuse

- False or Misleading Representations/Unfair Practices

  • Collection of 'Time Barred' Debt
  • Other Required Actions or Restrictions on Collections Actions

- Contacts With Third Parties

- Initial Contact With Debtor

- Restrictions on Communications With Debtor

  • Potential Liability

TCPA

  • To Whom TCPA Applies

- 'Autodialed' Calls - What Does This Mean?

- ACA International Appeal

  • Consent and Revocation

- What Constitutes Consent to Be Called?

- What Constitutes Revocation of Consent to Be Called?

  • Potential Liability

Best Practices and Recommendations

  • Points for Avoiding FDCPA Liability
  • Points for Avoiding TCPA Liability

Potential Changes on the Horizon to Consumer Protection Statutes and Regulations

  • Political Climate and Impact on Consumer Protection Issues
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on November 28, 2017.

Call 1-866-352-9540 for further credit information.

  • AL CPE
     
  • This course is acceptable for 1.0 live credit hour(s) through the Alabama State Board of Public Accountancy.
     
  • GA CPE
     
  • This program is applicable for CPE credit. *The Georgia State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • IA CPE
     
  • This program is applicable for CPE credit. *The Iowa State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • IN CPE
     
  • This program is applicable for self study CPE credit. *The Indiana State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • KY CPE
     
  • This Ondemand program is applicable for CPE credit. *The Kentucky State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • MA CPE
     
  • This Ondemand program is applicable for CPE credit. *The Massachusetts State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • MD CPE
     
  • This course is not pre-approved for CPE credit in your state however, it is applicable. *Please check the rules and requirements in your state for compliance.
     
  • ME CPE
     
  • This Ondemand program is applicable for CPE credit. *The Maine State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • MI CPE
     
  • This Ondemand program is applicable for CPE credit. *The Michigan State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • MO CPE
     
  • This Ondemand program is applicable for CPE credit. *The Missouri State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • MT CPE
     
  • This Ondemand program is applicable for CPE credit.* *The Montana State Board of Accountancy has final authority on the acceptance of individual courses and providers. Please check the rules and requirements for CPE compliance and calculate the amount of credit hours you can claim for self study courses.
     
  • ND CPE
     
  • This Ondemand program is applicable for CPE credit. *The North Dakota State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • NH CPE
     
  • This Ondemand program is applicable for CPE credit. *The New Hampshire State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • NV CPE
     
  • This Ondemand program is applicable for CPE credit.*The Nevada State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • OH CPE
     
  • This Ondemand program is applicable for CPE credit. *The Ohio State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • PA CPE
     
  • This Ondemand program is applicable for CPE credit. *The Pennsylvania State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • TX CPE 1.2
     
  • Lorman Business Center, Inc. has registered with the Texas State Board of Public Accountancy as a CPE Sponsor. This registration does not constitute an endorsement by the Board as to the quality of our CPE Program. This program qualifies for 1.2 hours of continuing professional education.
     
  • VA CPE
     
  • This Ondemand program is applicable for CPE credit. *The Virginia State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • WA CPE
     
  • This Ondemand program is applicable for CPE credit.* *Please check the rules and requirements in your state for compliance.
     
  • WY CPE
     
  • This Ondemand program is applicable for CPE credit. *The Wyoming State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Gennifer L. Bridges, Esq.

Gennifer L. Bridges, Esq.

Burr & Forman LLP

  • Attorney in the Orlando office of Burr & Forman LLP
  • Practice emphasizes all aspects of business and commercial litigation, and in particular financial services litigation, including highly contested foreclosures and defense against claims under consumer protection statutes such as the TCPA, FDCPA, FCCPA, TILA, and RESPA
  • Conducts regular seminars and workshops on numerous topics pertaining to financial services litigation and best practices for avoiding liability under consumer protection statutes
  • Author of several publications related to recent developments in case law affecting the application of consumer protection statutes and the ability of secured creditors to enforce security interests
  • J.D. degree, Florida State University, 2009, magna cum laude; B.A., Stetson University, 2004, summa cum laude
  • Member of the American Bar Association and Orange County Bar Association; admitted in Florida, Middle District of Florida and Southern District of Florida
  • Can be contacted at 407-540-6687 or [email protected]
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 401498
Published 2017
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