Lorman offers professional resources regarding COVID-19 and the 2020 Election

Live Webinar

60-minute live streaming program
  • February 25
  • 1:00 - 2:00 pm EST

Also available as:

OnDemand Course

Collection Ethics

February 25

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.

Learning Objectives

  • You will be able to describe the ethical rules implicated when collecting debts and communicating with debtors.
  • You will be able to discuss the latest laws, strategies, and ethical challenges concerning communications with borrowers and debtors.
  • You will be able to explain the limitations, liability risks, and ethical pitfalls facing collectors under the FDCPA and TCPA.
  • You will be able to review the ethical obligations applicable to individuals and firms who collect debts.

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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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More Program Information

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

This course was last revised on July 29, 2015.

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

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

Live Webinar Registration

  • 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 hours 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 hours of ethics credit.
     
  • Arizona CLE 1.0 including Ethics 1
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona, including 1.00 hours 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 hours 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 (Pending)
     
  • 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.
     
  • 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 course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). This Program contains 60 minutes of legal 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 hours including 1.00 hours 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 program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hours of CLE credit, including 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 credit, including 1.00 hour of ethics credit.
     
  • WI CLE 1.0 (Pending)
     
  • This program has been submitted to the Board of Bar Examiners for consideration of use toward the Wisconsin Mandatory CLE requirement. Approval pending.
     
  • 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 hours of ethics credit.
     

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

Who should attend?

This live webinar is designed for presidents, vice presidents, loan officers, loan department personnel, credit and collection managers, branch managers, and attorneys.

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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

  • 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 servicing regulations promulgated by the Consumer Financial Protection Bureau and standing challenges to foreclosures
  • New Jersey Law Journal, 40 under 40, comprised of the top 40 young professionals in the New Jersey legal community
  • 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 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 2015, 2021
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