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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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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

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 course was last revised on July 20, 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 1.0
     
  • 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 1.0 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

  • Arizona CLE 1.0
     
  • CA MCLE 1.0
     
  • CT CLE 1.0
     
  • GA CLE 1.0
     
  • HI CLE 1.0
     
  • IL CLE 1.0
     
  • ME CLE 1.0
     
  • MT CLE 1.0
     
  • NJ CLE 1.2
     
  • NV CLE 1.0
     
  • VT CLE 1.0
     
  • WA CLE 1.0
     
  • WV MCLE 1.2
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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

MP3 Download

  • Arizona CLE 1.0
     
  • CA MCLE 1.0
     
  • CT CLE 1.0
     
  • HI CLE 1.0
     
  • IL CLE 1.0
     
  • ME CLE 1.0
     
  • MT CLE 1.0
     
  • NJ CLE 1.2
     
  • NV CLE 1.0
     
  • VT CLE 1.0
     
  • WA CLE 1.0
     
  • WV MCLE 1.2
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program format 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 Urban Thier Federer, P.A. and is the managing shareholder of the firm's Atlanta office
  • Practice focuses primarily on insurance defense and international commercial litigation cases, including business litigation, commercial arbitration, and public entity defense litigation
  • Also highly experienced in litigation relating to the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and the Telephone Consumer Protection Act (TCPA), representing corporations, collection agencies, debt buyers, and credit reporting agencies
  • Member of the Florida Bar, the State Bar of Georgia, and is a New York Bar Candidate
  • Admitted to practice before the Supreme Court of the United States, Eleventh Circuit Court of Appeals, United States Court of Appeals for the District of Columbia, United States Court of International Trade and the federal district courts within the State of Florida and the Northern and Middle Districts of Georgia
  • 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
  • More than twenty-five years of experience in litigating claims under the FDCPA, FCRA and TCPA; he has also served as lead counsel in several landmark debt collection cases
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Product ID: 400527
Published 2017
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