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Audio & Reference Manual

All You Need to Know About the Fair Debt Collection Practices Act but Didn't Know to Ask

Failing to properly train collectors is a top reason companies get sued.

Learn as much as you can about current Fair Debt Collection Practices Act (FDCPA) litigation and compliance best practices, including how you can avoid making mistakes that result in a lawsuit. Discuss the newest cases interpreting the FDCPA, how federal and state regulators interpret and enforce the FDCPA provisions, about its intersection with other statutes, like the Fair Credit Reporting Act and the Electronic Fund Transfer Act, and how you can collect more money while following the law. Stay up-to-date on the consent orders entered into by the CFPB and State Attorneys General and how you should shape your collections in light of these agreements. Failing to properly train collectors is a top reason companies get sued. Don't let this happen to you. Learn as much as you can about what constitutes a violation of the FDCPA and how you can avoid making those mistakes by updating your compliance management system. This topic analyzes the hot-button issues facing the accounts receivable management industry from both a compliance and litigation-management perspective and focuses on popular individual and class-action claims.

Runtime: 67 minutes
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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

Does the FCDPA Cover Your Collection Model?

  • What Debts Are Covered Under the Act?
  • Who Is a Debt Collector Under the Act and According to the CFPB?

The Materiality Requirement for FDCPA Violations

Letters

  • Out of Statute Disclosures
  • Glassine Envelopes
  • Overshadowing
  • 1099-C
  • Interest and Other Charges - Safe Harbor Language

Phone Conversations

  • Mini-Miranda
  • Oral Disputes
  • What Really Constitutes Harassment?
  • Dealing With Cease and Desist
  • Understanding Legal Action and Further Action
  • Dealing With Debtors Who Throw the FDCPA at You

FDCPA Intersection With the FCRA

  • Reporting the Debt to the Credit Bureaus
  • Skip Tracing Under the Act
  • Multistate Settlements by Consumer Reporting Agencies With 32 State Attorneys General

FDCPA Intersection With the EFTA

  • Electronic Fund Transfers
  • Check-by-Phone
  • Postdated Check Notice

TCPA and Collections

  • FCC's July 10 Declaratory Ruling and Order
  • Petitions for Review in the U.S. Court of Appeals for the District of Columbia

Preparing for the Class Action

  • Client Contracts
  • Policies, Procedures, and Compliance Management Systems
  • Bona Fide Error
  • Insurance Coverage
  • Offers of Judgment and Motions to Strike
  • Understanding Exposure
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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

OnDemand Webinar

This course was last revised on August 30, 2018.

Call 1-866-352-9540 for further credit information.

This program 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
     
  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • 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 does NOT qualify, nor meet the National Standard for NASBA accreditation.

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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

Kelly Knepper-Stephens

Kelly Knepper-Stephens

TrueAccord

  • Vice President, Legal & Compliance, TrueAccord
  • Advises her company on all aspects of consumer financial protection law
  • Conducts regular seminars, presentations, and has a podcast TwoDEBTicated Attorneys
  • Serves on the board of directors for the Receivables Management Associates International and is an ACA certified instructor
  • J.D. degree, George Washington University School of Law
  • Can be contacted at [email protected] or 415-850-9585
Ethan G. Ostroff

Ethan G. Ostroff

Troutman Sanders LLP

  • Partner, Troutman Sanders LLP
  • Focuses on financial services litigation and consumer law compliance counseling
  • Conducts regular seminars, presentations, and webinars on topics related to the alphabet soup of consumer protection statutes
  • Represents companies and individuals in patent, trademark and other commercial matters
  • Serves on the board of directors for the Receivables Management Associates International and is an ACA certified instructor
  • J.D. degree, The American University School of Law
  • Can be contacted at [email protected] or 757-687-7541
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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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Pay once and get a full year of unlimited training in any format, any time!

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Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 404354
Published 2018
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