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Collection Ethics

 

Understand the latest laws, strategies, and ethical challenges concerning communications with borrowers and debtors.

Debt collectors remain at the center of litigation and regulatory scrutiny, and this scrutiny is likely to increase as a result of current economic conditions stemming from the COVID-19 pandemic. Collectors are subject to extensive rules and limitations on communications with debtors and third parties under the Fair Debt Collection Practices Act (FDCPA) and Telephone Consumer Protection Act (TCPA). The applicable rules of professional conduct also impose limits on the ethical actions an attorney can take in seeking to collection to debts. This topic will discuss the ethical rules applicable to debt collection, as well as the latest laws and regulations pertaining to debt collection communications, whether by phone or through the mail. The program will address the best practices and procedures for such communications, to avoid common risks and pitfalls that lead to violations. The topic will also address common claims and remedies for violations of the FDCPA and TCPA relating to debt collection communications.

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Collection Ethics

Agenda

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Collection Ethics

Faculty

Eric M. Hurwitz

Eric M. Hurwitz

Stradley Ronon Stevens & Young, LLP

  • Co-chairs the financial services litigation practice at Stradley Ronon Stevens & Young, LLP
  • Focuses his litigation practice on defending financial institutions from claims arising out of nearly every type of consumer and commercial financial product
  • Extensive experience defending both single plaintiff and class action lawsuits against banks, mortgage lenders and servicers, student lenders, credit card companies, auto finance companies, debt collection companies and other financial services institutions, including claims under the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA) and Telephone Consumer Protection Act (TCPA), as well as state unfair trade practices laws
  • Defends insurers in coverage disputes, including property casualty, flood, disability and life insurance claims, as well as payment and performance bond claims
  • Recognized by the New Jersey Law Journal’s “40 under 40”, comprised of the top 40 young professionals in the New Jersey legal community, and South Jersey Biz’s “Best Attorneys in Business"
  • J.D. degree, magna cum laude, Boston University School of Law; B.A. degree, magna cum laude, University of Texas at Austin
  • Can be contacted at 856-321-2406 or [email protected]
Thomas F. Lucchesi

Thomas F. Lucchesi

Stradley Ronon Stevens & Young, LLP

  • Counsel in the office of Stradley Ronon Stevens & Young, LLP
  • Practice focused on complex state and federal litigation concerning mortgage lending, consumer finance and auto finance, along with a variety of collection matters
  • Defends both single plaintiff and class action lawsuits against banks, mortgage lenders and servicers, student lenders, credit card companies, auto finance companies, debt collection companies and other financial services institutions
  • Conducts seminars on pre-judgment collections under the TCPA and FDCPA
  • J.D. degree, cum laude, Widener School of Law; B.A. degree, University of Delaware
  • Can be contacted at 202-507-6401 or [email protected]
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Collection Ethics

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