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Dialing for Dollars: Telephone Collections Compliance

Make sure you are up-to-date on recent compliance updates with telephone collections.

This topic is intended to provide you with an overview of some of the key areas of compliance regarding a third party debt collector's use of debt collection communications via the telephone. Recently, the collection industry has been confronted by increasing regulatory oversight and enforcement actions by the Consumer Financial Protection Bureau (CFPB), as well as an awaking of the Federal Trade Commission (FTC) and Federal Communication Commission (FCC) which also regulates the industry's use of telephonic communications directed toward the consumers/debtors and other third parties. The topic will concentrate on the CFPB's recent directives relating to the industry's compliance with the Federal Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA).

Runtime: 57 minutes
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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

What Is a Communication Under the FDCPA?

  • Section 1692(a)(1) Statutory Basis of Communication
  • Foti V. NCO and Avoiding Section 1692e(11) Violations
  • Zortman v. JC Christensen, Can You Leave a Message That Is Not a Debt Collection Communication?
  • Hart v. Credit Control and the Viability of the Use of the Zortman Type Message

Proper Disclosures Under the FDCPA

  • Section 1692e(11) and the Mini-Miranda Warning
  • Section 1692(c) Acquisition of Location Information
  • Audio Recordings and the Use of Implied and Mutual Consent to Record

The Do's and Don'ts in Communication With Consumers

  • Time Period Restrictions
  • Handling Verbal Disputes
  • Handling Verbal Cease and Desists and Implications With the TCPA
  • Handling Notifications of Attorney Representation and Bankruptcy

Avoiding and Minimizing Claims of Harassment and Abuse

  • Verbal Harassment and/or Abuse
  • Frequency of Call Violations and the Winning Claims Under Section 1692d(5)
  • Avoiding False and Misleading Representation Claims
  • How to Handle Calls From a Debt Collection Law Firm or Lawyer

Using the Bona Fide Error Defense Under the FDCPA

  • What Is an Effective Policy and Procedure to Avoid Telephone Call Violations?
  • Using Modern Technology to Avoid or Minimize Violations
  • Presenting a Bona Fide Error Defense to a Jury or a Judge
  • Overview of the CFPB Statistics of FDCPA Complaints

Telephone Consumer Protection Act (TCPA)

  • What Is an Automatic Telephone Dialing System (ATDS)?
  • Establishing and Proving Prior Express Consent
  • Disproving an Oral Revocation
  • Intentional or Willful Violations Under the TCPA
  • Minimizing Damages
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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 program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

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

MP3 Download

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

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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.

Faculty

Ernest (Skip) H. Kohlmyer, III

Ernest (Skip) H. Kohlmyer, III

Shepard, Smith, Kohlmyer & Hand, P.A.

  • Shareholder with the law firm of Shepard, Smith, Kohlmyer & Hand, P.A. in Orlando, Florida
  • Has served as corporate counsel for an Atlanta based collection agency
  • Private practice for 21 years defending debt collectors against FDCPA, FCRA, TCPA litigation and has represented corporations, collection agencies, debt buyers, and credit reporting agencies in other compliance related matters
  • Practice focuses primarily on insurance defense and international commercial litigation cases, including business litigation, commercial arbitration, and public entity defense litigation
  • Member of the Florida Bar, the State Bar of Georgia, and is a New York Bar Candidate
  • Member of the Association of Credit and Collection Professionals (ACA International), serving in leadership positions and speaking regularly at industry and continuing legal education conferences
  • LL.M degree, in International law and business and is certified as an arbitrator in international commercial litigation cases, including business litigation, commercial arbitration, and public entity defense litigation
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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: 400527
Published 2017
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