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Ethical Collections: The Fair Debt Collection Practices Act and Beyond

Learn how to avoid the traps and get the information you need to be an efficient and ethical collector.

The Fair Debt Collections Practices Act (FDCPA) aims to protect consumers from unfair and intrusive debt collection practices. The FDCPA provides that under certain conditions, attorneys fall under the definition of debt collectors subject to the act. The act imposes a strict set of guidelines on debt collectors and provides for a civil cause of action for consumers allegedly wronged by debt collectors. Given that the FDCPA assesses consumers at an unsophisticated consumer standard but holds debt collectors to a competent lawyer standard, practitioners must know the requirements and restrictions placed upon them by the FDCPA. This topic will shed light on the common elements practitioners must evaluate when determining whether the FDCPA applies and lays out the basic requirements necessary to avoid civil liability.

89 minutes
Course Exam
Certificate of Completion
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Over 37 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

Fair Debt Collection Practices Act - Applicability

  • Consumer Debt Defined
    • Consumer Defined
    • Debt Defined
  • Debt Collector Defined
    • Debt Collector vs. Creditor
    • Exemptions to Debt Collector
    • Attorneys as Debt Collectors

FDCPA Compliance

  • Applicable Standards
    • The Unsophisticated Consumer Standard
    • The Competent Lawyer Standard
  • Restrictions on Communication
    • With the Consumer
    • Communications With Third Parties Barred
    • Communications Following Demand to Cease From Consumer
  • Prohibited Acts
    • Harassment or Abuse
    • Unfair or Unconscionable Practices
    • False, Deceptive or Misleading Representations
    • If Multiple Debts Must Follow Consumer's Direction as to Allocation
  • Notice Compliance
    • Required Contents
    • Disputed Debt Process
    • Legal Proceedings Not Considered Initial Communications
    • Disclosure That Debt Collector Is Attempting to Collect a Debt (1692e(11))

Civil Liability

  • Damages
    • Actual Damage
    • Additional Damages Not Exceeding $1,000.00
    • Class Action Damages
    • Attorney's Fees
  • Liability Considerations
    • Individual Actions
    • Class Actions

Case Studies - Unique Scenarios

  • Individual Guarantor of Corporate Credit Card Found to Be Consumer Under FDCPA (Johns v. Northland Group, Inc., 76 F. Supp. 3d 590 (E.D. Pa. 2014))
  • LLC Found to Be Person Under FDCPA (Anarion Investments LLC v. Carrington Mortg. Services, LLC, 794 F.3d 568 (6th Cir. 2015))
  • HOA Fines Against Homeowner Not Debt Under FDCPA (Durso v. Summer Brook Preserve Homeowners Ass'n, 641 F. Supp. 2d 1256 (M.D. Fla. 2008))
  • But Past-Due HOA Assessments Are Debt Under FDCPA (Abby v. Paige, 903 F. Supp. 2d 1330 (S.D. Fla. 2012))
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Why Lorman?

Over 37 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, 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 January 26, 2024.

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

  • AK CLE 1.5 including Ethics 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education, including 1.50 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 1.5 including Ethics 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours' credit, including 1.5 hours of ethics credit.
     
  • AR CLE 1.5 including Ethics 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board, including 1.50 hours of ethics credit.
     
  • Arizona CLE 1.5 including Ethics 1.5
     
  • 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 1.5 hours toward your annual CLE requirement for the State Bar of Arizona, including 1.50 hours of professional responsibility.
     
  • CA MCLE 1.5 including Ethics 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit, of which includes 1.50 hours of ethics credit.
     
  • CT CLE 1.5 including Ethics 1.5
     
  • 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: 1.5 CLE credit(s) including 1.50 hour(s) of ethics credit.
     
  • FL CLE 2.0 including Business Litigation 2; Ethics 2
     
  • This course has been approved by The Florida Bar for 2.0 hours of CLE credit, including 2.00 hours of ethics credit. This course has been approved by The Florida Bar Certification Plan in the area of Business Litigation for 2.00 hours. Course classification: Intermediate level.
     
  • GA CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours, including 1.5 ethics hours.
     
  • HI CLE 1.5 including Ethics 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours including 1.50 ethics credit hours.
     
  • IA CLE 1.5 including Ethics 1.5
     
  • Ethical Collections: The Fair Debt Collection Practices Act and Beyond is accredited under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide up to a maximum of 1.5 hour(s) including 1.50 ethics hour(s) of unmoderated credit towards the mandatory continuing legal education requirements under the Iowa rule.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • IN CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Indiana Commission for Continuing Legal Education. Participating attorneys are eligible to receive up to 1.5 hours of Distance Education credit which includes 1.5 hours of ethics.
     
  • MN CLE 1.5 including Ethics 1
     
  • This program has been approved by the Minnesota Board of Continuing Legal Education for 1.5 hours of credit, including 1.00 hours of ethics credit.
     
  • MS CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours, including 1.5 hours of ethics credit.
     
  • ND CLE 1.5 including Ethics 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit, including 1.50 hours of ethics credit.
     
  • NH MCLE 1.5 including Ethics 1.5
     
  • 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 89 minutes of ethics credit.
     
  • NJ CLE 1.8 including Ethics 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit. Of these, 1.8 qualify as hours of credit for ethics/professional responsibility.
     
  • NM CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit, including 1.5 hours of ethics credit.
     
  • NV CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours, including 1.50 hours of ethics credit.
     
  • NY CLE 1.5 including Ethics and Professionalism 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Ethics and Professionalism for 1.50 hours. 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 Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OH CLE 1.5
     
  • This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.5 CLE credit hours. Please note: No more than twelve (12) hours of self-study CLE credit for any biennial reporting period may be earned by an Attorney or Judge under Regulation 409.2. To fulfill CLE requirements for self-study, web-based programs, you must complete 100% of the polling questions during the program. Your hours will be filed electronically within thirty (30) business days by Lorman Education Services provided you fulfilled 100% attendance and polling questions answered.
     
  • OR CLE 1.5 including Ethics 1.5
     
  • Approved for 1.5 CLE credits in Oregon, including 1.50 hours of ethics credit.
     
  • PA CLE 1.5 including Ethics 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours including 1.50 hours of ethics, professionalism or substance abuse CLE credit.
     
  • RI CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit, including 1.50 hours of ethics credit.
     
  • TN CLE 1.48 including Dual 1.48
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.48 hours of credit, including 1.48 hours of dual credit.
     
  • TX MCLE 1.5 including Ethics 1.5
     
  • This program has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.5 credit hours, of which 1.50 credit hours will apply to legal ethics/professional responsibility credit. Lorman Education Services is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. This program has been approved by the Texas State Bar College for 1.5 hours of CLE credit, of which 1.50 hours will apply to legal ethics/professional responsibility credit.
     
  • UT CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours, including 1.50 hours of ethics credit.
     
  • VA CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours, including 1.50 hours of ethics credit.
     
  • VT CLE 1.5 including Ethics 1.5
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit including 1.50 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 1.5 including Ethics 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit, including 1.50 hours of ethics credit.
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.8 including Ethics 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours, including 1.8 hours of ethics credit.
     
  • NALA 1.5 including Ethics 1.5
     
  • This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements. Program Length: 1.5 hour(s) including 1.50 hour(s) of ethics credit.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE 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.

Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.

This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • AK CLE 1.5 including Ethics 1
     
  • Arizona CLE 1.5 including Ethics 1
     
  • CA MCLE 1.5 including Ethics 1
     
  • CT CLE 1.5 including Ethics 1
     
  • HI CLE 1.5
     
  • MO CLE 1.8
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NY CLE 1.5 including Ethics and Professionalism 1.5
     
  • VT CLE 1.5 including Ethics 1.5
     
  • WA CLE 1.5 including Ethics 1.5
     
  • WV MCLE 1.8 including Ethics 1.8
     
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.

Audio & Reference Manual

  • AK CLE 1.5 including Ethics 1.5
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 37 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

Mark D. Belongia

Mark D. Belongia

Hinshaw & Culbertson LLP

  • Partner at Hinshaw & Culbertson LLP
  • Practice emphasizes all aspects of financial regulatory areas, such as consumer lending and banking
  • Conducts regular seminars and workshops on lending and debt collection
  • Author of several publications related to the areas of lending to all types of consumers and proper methods of the collection of this debt
  • Member of the Chicago, Illinois, and American Bar Associations
  • J.D. degree, DePaul University College of Law; B.S.B.A. degree in accounting, Drake University
  • Can be contacted at : [email protected] or 312-704-3985
No photo available

William F. Cook VI

Hinshaw & Culbertson LLP

  • Associate at Hinshaw Law
  • Represents individuals and businesses in various industries in litigation
  • Represented a holding company in a general chancery case against a venture capital private equity firm
  • Served as the judicial clerk for the Circuit Court of Cook County in Chicago
  • Member of the Chicago, Illinois Bar Association
  • J.D. degree, Chicago-Kent College of Law; B.S.B.A. degree, John Carroll University
  • Can be contacted at [email protected] or 312-704-3137
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Why Lorman?

Over 37 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.

All of your training, right here at Lorman

All of your training, right here at Lorman.

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Product ID: 411065
Published 2024
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