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OnDemand Course

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.

62 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 35 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 35 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, Maine, 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.

  • 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.
     
  • 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.
     
  • 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.
     

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 35 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

  • Partner in the 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
  • South Jersey Biz, Best Attorneys in Business for litigation
  • J.D. degree, Boston University School of Law; B.A. degree, University of Texas at Austin
  • Can be contacted at [email protected] or 856-321-2406
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 35 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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  • State Specific Credit Tracker
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Product ID: 406585
Published 2021
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