Make sure you are staying compliant with FDCPA rules.
Under the FDCPA guidelines, debt collectors are not allowed to engage in any conduct that harasses, oppresses, or abuses anyone in connection with the collection of a debt. However, the FDCPA has statistics that show that communication tactics ranks second on the list of consumer complaints regarding debt collection attempts. Compliance with proper oral communications such as timing of the communication, the frequency of the number of communications that you have, and the authorization to speak with the individuals are potential violations when it comes to oral communications with debtors. This video reviews this category of FDCP violations and also discusses compliance with the FDCPA requirement to avoid false, misleading, or deceptive representations or misrepresentations during the communication with debtors.
Ernest H. (Skip) Kohlmyer, III, Esq., LL.M.
Shepard, Smith, Kohlmyer & Hand, P.A.
- Shareholder with the law firm of Shepard, Smith, Kohlmyer & Hand, P.A. in Orlando, Florida, where he has served as corporate counsel for an Atlanta-based collection agency
- Been in private practice for 28 years and has been defending various businesses against TCPA Class litigation since 2008
- Represented corporations, collection agencies, debt buyers, and credit reporting agencies in other compliance-related matters relating to TCPA issues
- Has had the privilege to serve as either lead counsel or co-counsel in numerous TCPA matters in addition to also being the lead counsel in key district court opinions
- Served in various leadership positions with ACA International and is president-elect of the Florida Collectors Association
- Certified as an arbitrator in international commercial litigation cases, including business litigation, commercial arbitration, and public entity defense litigation
- LL.M. degree, in international law and business; LL.M. candidate, in antitrust and global economics, George Mason University
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