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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.

60 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

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, Maine, New Hampshire, 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.

  • 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.
     
  • 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.
     

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

  • Partner 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, Eleventh Circuit, and United States Supreme Court
  • J.D. degree, magna cum laude, Florida State University; B.A. degree, summa cum laude, Stetson University
  • 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.

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: 405856
Published 2019
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