Understand best practices and the latest laws and regulations pertaining to debt collection communications.
Debt collectors remain at the center of litigation and regulatory scrutiny. Collectors are subject to extensive rules and limitations on communications with debtors and third parties under the Fair Debt Collection Practices Act FDCPA, Regulation F, the Telephone Consumer Protection Act TCPA, and common law invasion of privacy rules. 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 mail. The presentation will address the best practices and procedures for such communications, to avoid common risks and pitfalls that lead to violations. The webinar will also address common claims and remedies for violations of the FDCPA and TCPA relating to debt collection communications.
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Why Lorman?
Over 39 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
Overview of Ethical Rules Often Implicated When Collecting a Consumer Debt
- Competence, Diligence, Fees, Communications, Supervision of Others, and Truthfulness
- Examples of Risks of Ethical Rules When Collecting Debts
Rules Governing the Collection of Debts Under the Fair Debt Collection Practices Act FDCPA and Regulation F
- Overview of the FDCPA and Regulation F
- Ethical Concerns When Communicating With the Debtor
- Ethical Concerns When Communicating With Third Parties
- Collection of Time-Barred Debts
- Concerns Surrounding the Collection of Debts Discharged in Bankruptcy
- Ethical Pitfalls Regarding Accrual of Interest
Rules Governing Telephone Communications With Borrowers Under the Telephone Consumer Protection Act Tcp
- Overview of the TCPA and the Types of Calls and Equipment Subject to the Act
- Types of Violations
- Damages
- Related Common Law Claims
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Why Lorman?
Over 39 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 Course
This course was last revised on September 28, 2023.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0 including Ethics 1
- Alaska attorneys may receive 1.0 hour(s) of continuing legal education, including 1.00 hour(s) of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1 including Ethics 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hour(s) credit.
- AR CLE 1.0 including Ethics 1
- This course has been approved for 1.0 hour(s) of CLE by the Arkansas CLE Board, including 1.00 hour(s) of ethics credit.
- Arizona CLE 1.0 including Ethics 1
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services/Noggin Guru for auditing purposes. This activity may qualify for up to 1.0 hour(s) toward your annual CLE requirement for the State Bar of Arizona, including 1.00 hour(s) of professional responsibility.
- CA MCLE 1.0 including Ethics 1
- Lorman Education Services/Noggin Guru is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hour(s) of participatory credit, of which includes 1.00 hour(s) of ethics credit.
- CT CLE 1.0 including Ethics 1
- 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) including 1.00 hour(s) of ethics credit.
- GA CLE 1.0 including Ethics 1
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hour(s), including 1.0 ethics hour(s).
- HI CLE 1.0 including Ethics 1
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hour(s) including 1.00 ethics credit hour(s).
- MN CLE 1.0 including Ethics 1
- This program has been approved by the Minnesota Board of Continuing Legal Education for 1.0 hour(s) of credit, including 1.00 hour(s) of ethics credit.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.0 including Ethics 1
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hour(s) of CLE credit, including 1.00 hour(s) of ethics credit.
- NH MCLE 1.1 including Ethics 1.1
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services/Noggin Guru believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for 66 minutes of ethics credit.
- NM CLE 1.1 including Ethics 1.1
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.1 hour(s) of credit, including 1.1 hour(s) of ethics/professionalism credit.
- NV CLE 1.0 including Ethics 1
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hour(s), including 1.00 hour(s) of ethics credit.
- NY CLE 1.0 including Ethics and Professionalism 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 hour(s) in the area(s) of Ethics and Professionalism 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 credit for established attorneys only. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- OR CLE 1.0 including Ethics 1
- Approved for 1.0 CLE credit(s) in Oregon, including 1.00 hour(s) of ethics credit.
- VT CLE 1.0 including Ethics 1
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit including 1.00 hour(s) of ethics credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0 including Ethics 1
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hour(s) of A/V credit, including 1.00 hour(s) of ethics credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 39 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
Eric M. Hurwitz
Stradley Ronon Stevens & Young, LLP
- Partner-in-Charge of the Cherry Hill, New Jersey office of Stradley, Ronon, Stevens & Young, LLP
- Co-chair of the firm’s Financial Services Litigation practice group.
- Practice focused on defending financial institutions from claims arising out of nearly every type of consumer and commercial financial product.
- 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 regular seminars and workshops on numerous consumer finance topics.
- Author of publications concerning the mortgage industry, including the Fair Credit Reporting Act, Equal Credit Opportunity Act, and regulations promulgated by the Consumer Financial Protection Bureau.
- B.A. degree, University of Texas at Austin
- J.D. degree, Boston University School of Law
- Member, Defense Research Institute, International Association of Defense Counsel, Conference on Consumer Finance Law
- Can be contacted at [email protected] or 856-321-2406
Adam M. Kaplan
Stradley Ronon Stevens & Young, LLP
- Counsel, Stradley, Ronon, Stevens & Young, LLP
- Practice focused on consumer lending and financial services litigation, with a primary focus on defending claims against financial services companies, including claims under the FDCPA, FCRA, TILA, RESPA, as well as class action, deceptive trade practices, and fraud claims.
- Advises clients on regulatory compliance, risk assessment, and advises on enforcement actions and investigations.
- Defends both single plaintiff and class action lawsuits against banks, mortgage lenders and servicers, student lenders, auto finance companies, debt collection companies and other financial services institutions.
- B.A. Northwestern University
- J.D., Rutgers Law School
- Contact information [email protected] or 202-505-5155
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Why Lorman?
Over 39 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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