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OnDemand Course

Collections Communication: What You Can and Cannot Legally Say

Gain a better understanding of common claims and remedies for violations of the FDCPA and TCPA relating to consumer communications.

Debt collectors, mortgage servicers, and finance companies 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 both the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA). This topic will discuss the latest laws and regulations pertaining to consumer communications, whether by phone or through the mail, best practices and procedures for consumer/debtor communications, to avoid common risks and pitfalls that are commonplace in today's environment, and will also address common claims and remedies for violations of the FDCPA and TCPA relating to consumer communications. This information will aid both borrowers, and servicers and debt collectors, understand this changing area of law.

97 minutes
Certificate of Completion
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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

Communication Limitations and Requirements Under the Fair Debt Collection Practices Act (FDCPA)

  • Overview of the FDCPA
  • Initial Notice Requirements Required by §1692(g) of the FDCPA
  • Communications and Disclosures to Third Parties, Including Restrictions When Seeking Location Information for Debtor
  • The Dangers of Leaving Voicemails
  • Mail Disclosures - the Risks of Window-Pane Envelopes and QR or Bar Codes
  • Discussion of Settlement Offers or Threats of Litigation on Time-Barred Debts
  • Permissible Communications When the Debtor Is in Bankruptcy, or Has Received a Discharge
  • Disclosures Relating to the Accrual or Non-Accrual of Interest

Collection Communications Limited by 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)
  • Consent to Communicate With a Consumer Using an ATDS
  • Revocation of Consent for Calls Using an ATDS
  • Damages
  • Defenses
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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, 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 October 23, 2019.

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

  • CA MCLE 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.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

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 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
  • 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.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!


  • OnDemand Courses
  • Live Webinars
  • MP3 Downloads
  • Course Manuals
  • Executive Reports
  • White Papers and Articles

Additional benefits include:

  • State Specific Credit Tracker
  • All-Access Pass Course Concierge

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 404074
Published 2019
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