Gain an understanding of the rules and limitations under the FDCPA and commonly litigated issues.
Debt collectors remain at the center of litigation and regulatory scrutiny, and this scrutiny is likely to increase as a result of current economic conditions stemming from the COVID-19 pandemic. Collectors are subject to extensive rules and limitations on communications with debtors and third parties under the Fair Debt Collection Practices Act (FDCPA). This topic will discuss the latest laws and regulations pertaining to debt collection communications, whether by phone or through the mail. The information will address the best practices and procedures for such communications, to avoid common risks and pitfalls that lead to litigation exposure. The information will also address common claims and remedies for violations of the FDCPA relating to debt collection communications.
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Over 36 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
Communication Limitations and Requirements Under the Fair Debt Collection Practices Act (FDCPA)
- Overview of the FDCPA
- Who Is Covered by the Act?
- What Is a Communication Regulated by the Act?
- Initial Notice Requirements Required by §1692(G) of the FDCPA
- Communications and Disclosures to Third Parties, Including Restrictions When Seeking Location Information for the Debtor
- The Dangers of Leaving Voicemails
- Mail Disclosures - the Risks of Window Pane Envelopes and QR or Barcodes
- Discussion of Settlement Offers or Threats of Litigation on Time-Barred Debts
- Permissible Communications When the Debtor Is in Bankruptcy or Has Received a Bankruptcy Discharge
- Disclosures Relating to the Accrual or Nonaccrual of Interest
- Recent Developments With the FDCPA's Statute of Limitations
Distinctions Between Telephone Consumer Protection Act (TCPA) and FDCPA Liability Related to Telephone Calls
- Brief Overview of the TCPA and the Types of Equipment Subject to the Act (an Automatic Telephone Dialing System [ATDS])
- Differences of Cease Requests Under the TCPA and FDCPA
- Types of Violations
- Volume
- Time of Day
- Place of Employment
- Related State Laws
- Damages
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Why Lorman?
Over 36 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 January 9, 2023.
Call 1-866-352-9540 for further credit information.
- 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 0.75
- 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 0.75 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 0.5
- 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: 0.5 CLE credit(s).
- MO CLE 1.2
- This course qualifies for self-study CLE credit in Missouri.
- 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 0.75
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 0.75 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".
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.
MP3 Download
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 36 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
Eric M. Hurwitz
Stradley Ronon Stevens & Young, LLP
- Partner in the office of Stradley Ronon Stevens & Young, LLP
- Co-chair of the firm’s Financial Services Litigation practice group
- Practice focused on defending financial institutions from claims arising out of nearly every type of consumer and commercial financial product
- Defends both single-plaintiff and class-action lawsuits against banks, mortgage lenders and servicers, student lenders, credit card companies, auto finance companies, debt collection companies, and other financial services institutions
- Conducts regular seminars and workshops on numerous consumer finance topics
- Author of publications concerning the mortgage industry, including the Fair Credit Reporting Act, Equal Credit Opportunity Act, and regulations promulgated by the Consumer Financial Protection Bureau
- South Jersey Biz, Best Attorneys in Business for litigation
- J.D. degree, Boston University School of Law; B.A. degree, University of Texas at Austin
- Can be contacted at [email protected] or 856-321-2406
Thomas F. Lucchesi
Stradley Ronon Stevens & Young, LLP
- Counsel in the office of Stradley Ronon Stevens & Young, LLP
- Practice focused on complex state and federal litigation concerning mortgage lending, consumer finance, and auto finance, along with a variety of collection matters
- Defends both single plaintiff and class action lawsuits against banks, mortgage lenders and servicers, student lenders, credit card companies, auto finance companies, debt collection companies, and other financial services institutions
- Conducts seminars on pre-judgment collections under the TCPA and FDCPA
- J.D. degree, cum laude, Widener School of Law; B.A. degree, University of Delaware
- Can be contacted at 202-507-6401 or [email protected]
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Why Lorman?
Over 36 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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