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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.

Runtime: 62 minutes
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Why Lorman?

Over 34 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)

  • Overview of the FDCPA
  • 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 (TCPA)

  • Overview of the TCPA and the Types of Equipment Subject to the Act (an Automatic Telephone Dialing System [ATDS])
  • Types of Violations
  • Damages
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Why Lorman?

Over 34 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

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on February 25, 2021.

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

  • AK CLE 1.0 including Ethics 1
     
  • Alaska attorneys may receive 1.0 hours of continuing legal education, including 1.00 hour 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 1.0 including Ethics 1
     
  • 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, including 1.0 hour of ethics credit.
     
  • AR CLE 1.0 including Ethics 1
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board, including 1.00 hour 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 for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona, including 1.00 hour of professional responsibility.
     
  • CA MCLE 1.0 including Ethics 1
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit, of which includes 1.00 hour 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.
     
  • 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 hours including 1.00 ethics hour.
     
  • IL CLE 1.0 including Legal Ethics 1
     
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board. The Illinois Commission on Professionalism has also approved this course for the following credit: Legal Ethics for 1.00 hour.
     
  • ME CLE 1.0 including Ethics 1
     
  • 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 including 1.00 ethics hour under M. Bar R. 12.
     
  • 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 hours of CLE credit, including 1.00 hour of ethics credit.
     
  • NH MCLE 1.0 including Ethics 1
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for 61 minutes of ethics credit.
     
  • NJ CLE 1.2 including Ethics 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. Of these, 1.2 qualify as hours of credit for ethics/professional responsibility.
     
  • PA CLE 1.0 including Ethics 1
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hour including 1.00 hour of ethics, professionalism or substance abuse CLE credit.
     
  • RI CLE 1.0 including Ethics 1
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit, including 1.00 hour 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 6 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 hours of A/V credit, including 1.00 hour of ethics credit.
     
  • WV MCLE 1.2 including Ethics 1.2
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.2 MCLE hours, including 1.2 hour 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.

MP3 Download

  • Arizona CLE 1.0 including Ethics 1
     
  • CA MCLE 1.0 including Ethics 1
     
  • HI CLE 1.0 including Ethics 1
     
  • ME CLE 1.0 including Ethics 1
     
  • NJ CLE 1.2 including Ethics 1.2
     
  • 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 34 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

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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Why Lorman?

Over 34 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: 406585
Published 2021
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