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OnDemand Course

Consumer Protection Statutes and Pre-Judgment Collections

Learn to take a proactive approach as creditors and debt collectors to become more efficient in the process of minimizing civil fines.

Many creditors and debt collection companies engage in prejudgment collection activities without fully understanding what actions may expose them to liability under the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act and how best to avoid such liability while still effectively collecting the debt owed to them. This content will help creditors and debt collection companies to understand what consumer protection statutes apply to them, what actions could subject them to liability under those statutes, and the best practices for avoiding such liability. The material also explains recent case law affecting the application of these statutes and potential changes to these statutes in light of the current political climate, and is critical for creditors and debt collectors so they can maximize their effective collection activity while minimizing the risk of civil fines and damages.

Runtime: 60 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

Introduction

  • Purpose of Seminar
  • Pertinent Statutes
    • Fair Debt Collection Practices Act (FDCPA)
    • Telephone Consumer Protection Act (TCPA)
  • Types of Debts/Accounts at Issue

FDCPA

  • To Whom FDCPA Applies
    • Debt Collector vs. Creditor
  • Prohibited Acts
    • Least Sophisticated Consumer Standard
    • Harassment or Abuse
    • False or Misleading Representations/Unfair Practices
  • Collection of Time Barred Debt
  • Other Required Actions or Restrictions on Collections Actions
    • Contacts With Third Parties
    • Initial Contact With Debtor
    • Restrictions on Communications With Debtor
  • Potential Liability

TCPA

  • To Whom TCPA Applies
    • Autodialed Calls What Does This Mean?
    • ACA International Appeal
  • Consent and Revocation
    • What Constitutes Consent to Be Called?
    • What Constitutes Revocation of Consent to Be Called?
  • Potential Liability

Best Practices and Recommendations

  • Points for Avoiding FDCPA Liability
  • Points for Avoiding TCPA Liability

Potential Changes on the Horizon to Consumer Protection Statutes and Regulations

  • Political Climate and Impact on Consumer Protection Issues
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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 July 23, 2019.

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

  • AK CLE 1.0
     
  • Alaska attorneys may receive 1.0 hours of continuing legal education 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
     
  • 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.
     
  • Arizona CLE 1.0
     
  • 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.
     
  • CA MCLE 1.0
     
  • 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.
     
  • CT CLE 1.0
     
  • 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).
     
  • HI CLE 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
     
  • IL CLE 1.0
     
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.0
     
  • 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 under M. Bar R. 12.
     
  • MT CLE 1.0
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.0 CLE credits.
     
  • ND CLE 1.0
     
  • 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.
     
  • NH MCLE 1.0
     
  • 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 CLE credit(s). Program Length: 60 Minutes.
     
  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. 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 both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • VT CLE 1.0
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE 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
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
     
  • WV MCLE 1.2
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.2 MCLE hours.
     
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.

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

Gennifer L. Bridges, Esq.

Gennifer L. Bridges, Esq.

Burr & Forman LLP

  • Attorney in the Orlando office of Burr & Forman LLP
  • Practice emphasizes all aspects of business and commercial litigation, and in particular financial services litigation, including highly contested foreclosures and defense against claims under consumer protection statutes such as the TCPA, FDCPA, FCCPA, TILA, and RESPA
  • Conducts regular seminars and workshops on numerous topics pertaining to financial services litigation and best practices for avoiding liability under consumer protection statutes
  • Author of several publications related to recent developments in case law affecting the application of consumer protection statutes and the ability of secured creditors to enforce security interests
  • Member of the American Bar Association and Orange County Bar Association; admitted in Florida, Middle District of Florida and Southern District of Florida
  • J.D. degree, Florida State University, 2009, magna cum laude; B.A. degree, Stetson University, 2004, summa cum laude
  • Can be contacted at 407-540-6687 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: 405856
Published 2019
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