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Fundamentals of Debt Collections Law

Learn how to stay compliant when dealing with debt collection laws.

With both the Consumer Financial Protection Bureau (CFPB) and very active consumer protection plaintiff's lawyers looking for money, third party debt collectors and especially, collection lawyers are consistent and open targets for claims debt collection abuses and non-compliance issues. Even nominal violations of the FDCPA or TCPA can lead to class action litigation and exposing debt collectors to exposure to large damages. This topic will provide you with the knowledge you need to navigate the dangers of collecting consumer debts and to provide you with collection techniques and strategies to reduce the risk of frivolous or harmful lawsuits.

Runtime: 70 minutes
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Why Lorman?

Over 33 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

The Alphabet Soup of Debt Collection Statutes: FDCPA, FCRA, and TCPA

  • Fair Debt Collection Practices Act (FDCPA)
  • Fair Credit Reporting Act (FCRA)
  • Telephone Consumer Protection Act (TCPA)

Defining Debt Collection Harassment and Deceptive Practices

  • Frequency of Telephone Contacts Under Section 1692d(5)
  • False and Misleading Representations in Letters and Talk-Offs
  • Compliance and Strategy Approaches to Litigation

How to Communicate With Consumers (Written, Telephonic and Electronic)

  • Mandatory Disclosures
  • Auto-Dialers
  • Correct and Compliant Correspondence
  • Texting, E-Mails and Social Media

"Meaningful Involvement" of Lawyers in Collection Litigation

  • Review of CFPB Enforcements Actions Against Collection Lawyers

Defending FDCPA and TCPA Litigation

  • Documentation and Use of Bona Fide Error Defense
  • "Prior Express Consent" Defense
  • Mitigation of Liability and Damages
  • Settlements and Offers of Judgment

Ethical Considerations for Collection Attorneys

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Why Lorman?

Over 33 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 May 2, 2018.

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

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

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Why Lorman?

Over 33 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

Ernest H. (Skip) Kohlmyer, III, Esq., LL.M.

Ernest H. (Skip) Kohlmyer, III, Esq., LL.M.

Shepard, Smith, Kohlmyer & Hand, P.A.

  • Shareholder with the law firm of Shepard, Smith, Kohlmyer & Hand, P.A. in Orlando, Florida where he has served as corporate counsel for an Atlanta-based collection agency
  • Been in private practice for 28 years and has been defending various businesses against TCPA Class litigation since 2008
  • Represented corporations, collection agencies, debt buyers, and credit reporting agencies in other compliance-related matters relating to TCPA issues
  • Has had the privilege to serve as either lead counsel or co-counsel in numerous TCPA matters in addition to also being the lead counsel in key district court opinions
  • Served in various leadership positions with ACA International and is president-elect of the Florida Collectors Association
  • LL.M. degree, in international law and business; certified as an arbitrator in international commercial litigation cases, including business litigation, commercial arbitration, and public entity defense litigation
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Why Lorman?

Over 33 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: 403628
Published 2018
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