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Live Webinar

60-minute live streaming program
  • February 20
  • 1:00 - 2:00 pm EST

Addressing and Handling Unique Collection Situations

February 20

Gain a better understanding of collection letters, the language contained therein and their collection practices to assure compliance with the FDCPA.

This information will examine specific collection letter language and collection practices. It will specifically address the following collection letter questions that courts have examined and ruled upon - Do collection letters violate the FDCPA by setting nonexistent deadlines and falsely threatening debtors with imminent legal action if those deadlines were disregarded?; Do collection letters violate the FDCPA by setting nonexistent response deadlines?; Do collection letters violate § 1692 3(10) by falsely implying the `price of poker’ had gone up because the account was transferred to a litigation department, when in fact the status of the account was no different?; Does a collection letter’s repeated reference to its “Litigation Department” result in a direct violation of § 1692e(3) and § 1692e(10)?; and Does an attorney sending a debt collection letter without having meaningfully reviewed the case prior to issuing a collection letter violate the restrictions imposed by § 1692e?

Collection firms and collection attorneys will have a greater understanding of how courts have viewed and interpreted specific collection letter language and related collection activities by collection firms, collection legal departments and collection attorneys. Be in a position to reexamine your own collection letters, the language contained therein and your collection practices to assure compliance with the FDCPA.

Learning Objectives

  • You will be able to review collection letters that may violate Sect 1692e(5) and (10) by threatening immediate legal actions.
  • You will be able to discuss collection letters that may violate Sect. 1692e(10) by setting a 30-day deadline.
  • You will be able to recognize language held to be acceptable.
  • You will be able to describe language held to be in violation.

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Why Lorman?

Over 32 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

Collection Letters That May Violate Sect 1692e(5) and (10) by Threatening Immediate Legal Action
  • Language Held to Be Acceptable
  • Language Held to Be in Violation
Collection Letters That May Violate Sect. 1692e(10) by Setting a 30-Day Deadline
  • Language Held to Be Acceptable
  • Language Held to Be in Violation
Collection Letters That May Violate Sect. 1692e(10) by Stating the Account Was Transferred to the Litigation Department
  • Language Held to Be Acceptable
  • Language Held to Be in Violation
Whether a Collection Letter Violates Sect 1692e(3) and/or (10) by Referencing the Litigation Department
Collection Letters on Attorney Letterhead
  • When Are Attorney Letters Considered "False, Deceptive, or Misleading Representation" - Circuits Are Split
  • Attorney's Review of File for Litigation
  • The False Representation or Implication That Any Individual Is an Attorney or That Any Communication Is From an Attorney
  • The Threat to Take Any Action That Cannot Legally Be Taken or That Is Not Intended to Be Taken
  • Threatening Immediate Legal Action
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Why Lorman?

Over 32 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

Live Webinar Registration

  • AL CLE 1.0
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.0 hours credit.
     
  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.0
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • GA CLE 1.0
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
     
  • HI CLE 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
     
  • IL CLE 1.0
     
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.0
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit under M. Bar R. 12.
     
  • MS CLE 1.0
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.0 credit hours.
     
  • MT CLE 1.0
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.0 CLE credits.
     
  • NH MCLE 1.0
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 60 Minutes.
     
  • NJ CLE 1.2
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.2 hours of total CLE credit.
     
  • NV CLE 1.0
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
     
  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • TN CLE 1.0
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.0 hours of credit.
     
  • VT CLE 1.0
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hours of CLE credit.
     
  • WA CLE 1.0
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of Law & Legal Procedure credit.
     
  • WI CLE 1.0
     
  • This program has been approved by the Board of Bar Examiners for 1.0 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.2
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.2 MCLE hours.
     
  • CPE 1.2 including Business Law 1.2
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.2 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Business Law for 1.2 hours. Prerequisite: basic knowledge of business financials. Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
     
  • Lorman Business Center, Inc. is a registered provider for CPA CPE through the State Education Department of New York, Sponsor number: 000640. The following course will carry the subject area of Specialized Knowledge and Applications for 1.0 hour.
     

Who should attend?

This live webinar is designed for attorneys, credit and collection managers, presidents, vice presidents, business owners and managers, lending professionals, bankers and accountants.

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Why Lorman?

Over 32 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

Richard J. Tomeny, Jr.

Richard J. Tomeny, Jr.

Richard J. Tomeny Jr. Attorney at Law

  • Business lawyer and commercial litigator with extensive experience in banking and finance, commercial transactions, commercial litigation, creditor and debtor bankruptcy, contracts, entity formation, probate, wills, trusts and real estate law
  • Member of numerous professional and civic organizations
  • Received the highest rating with Martindale Hubbell Law Directory
  • Frequent speaker and past professor
  • J.D. degree, Loyola University New Orleans School of Law; B.S. degree, University of New Orleans
  • Can be contacted at 225-334-8080 or [email protected]
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Why Lorman?

Over 32 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: 404946
Published 2019
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