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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 32 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 32 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 Webinar

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.

Audio & Reference Manual

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

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More Program Information

Why Lorman?

Over 32 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.
  • Practice focuses primarily on insurance defense and international commercial litigation cases, including business litigation, commercial arbitration, and public entity defense litigation
  • Highly experienced in litigation relating to the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and the Telephone Consumer Protection Act (TCPA), representing corporations, collection agencies, debt buyers, and credit reporting agencies
  • Large number of his clients and primary focus of his experience is representing national medical billing and collection entities
  • Member of numerous professional organizations
  • LL.M degree, summa cum laude; J.D. degree, University of Dayton; B.S. degree, Florida State University
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Why Lorman?

Over 32 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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