Available in:

OnDemand Course

Fundamentals of Debt Collections Law

Gain the knowledge you need to navigate the dangers of collecting consumer debts and reduce the risk of harmful lawsuits.

Learn how to stay compliant when dealing with debt collection laws. With both the Consumer Financial Protection Bureau (CFPB) and very active consumer protection plaintiffs' lawyers looking for money, third-party debt collectors and especially collection lawyers are consistent and open targets for claims debt collection abuses and noncompliance issues. Even nominal violations of the FDCPA or TCPA can lead to class action litigation and expose debt collectors to large damages. This course will provide you with the knowledge you need to navigate the dangers of collecting consumer debts and provide you with collection techniques and strategies to reduce the risk of frivolous or harmful lawsuits.

60 minutes
Course Exam
Certificate of Completion
Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 37 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, Emails, 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 Judgement
Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 37 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, Maine, Ohio, 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 May 6, 2022.

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.
     
  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • 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.
     
  • 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).
     
  • FL CLE 1.5
     
  • This course has been approved by The Florida Bar for 1.5 hours of CLE credit. Course classification: Intermediate level.
     
  • GA CLE 1.0
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
     
  • IN CLE 1.0
     
  • This program has been approved by the Indiana Commission on Continuing Legal Education. Participating attorneys are eligible to receive up to 1.0 hours of Distance Education credit.
     
  • KS CLE 1.0
     
  • This course has been approved by the Kansas Continuing Legal Education Commission for a maximum of 1.0 CLE credit hours.
     
  • KY CLE 1.0
     
  • This activity has been approved by the Kentucky Bar Association Continuing Legal Education Commission for a maximum of 1.0 credits.
     
  • LA CLE 1.0
     
  • This program has been approved by the Louisiana State Bar MCLE Committee for 1.0 CLE hours.
     
  • MO CLE 1.3
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • MS CLE 1.0
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.0 credit hours.
     
  • 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.
     
  • NJ CLE 1.3
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
     
  • NM CLE 1.0
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
     
  • NV CLE 1.0
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
     
  • 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.
     
  • OK CLE 1.0 including Ethics 0
     
  • This course has been approved by the Mandatory Continuing Legal Education Commission of Oklahoma for a maximum of 1.0 hours credit, of which 0.00 hours are credits covering legal ethics.
     
  • 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 12 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.
     
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.

Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 37 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
  • Has been in private practice for 30 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 the past president of the Florida Collectors Association
  • Certified as an arbitrator in international commercial litigation cases, including business litigation, commercial arbitration, and public entity defense litigation
  • LL.M. degree in transnational business operations with high honors, Lazarski University in Warsaw Poland; LL.M. degree in global antitrust and economics, George Mason University, Antonin Scalia School of Law
Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 37 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

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.

Sign Up Today
With This Course

Access to all training products for one year
$699/year

Unlimited Lorman Training

With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!

Easy Registrations

Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.

Invest in Yourself

You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.

Product ID: 409742
Published 2022
Purchase Options

Available in Multiple Formats

Purchase this course and learn on your schedule!