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Are You in Compliance with the CFPB? If Not, You Need to Be!

With the Consumer Financial Protection Bureau (CFPB) focusing on collections practice, it is important for you to remain up to date with the whirlwind of rules, regulations, case law and anticipated changes. In this comprehensive, full-day legal program, distinguished faculty will provide you with the knowledge you need to ensure complete compliance with the CFPB and remain effective in your debt collection practices. Discover how you can use the CFPB's upcoming changes to your advantage, how to put new spins on old collection techniques, and execute cutting-edge strategies for avoiding and defending against FDCPA claims. Register today!

  • Find out EXACTLY what the CFPB is looking for so you can remain ahead of the game.
  • Clearly define harassment, false, deceptive and misleading practices under CFPB supervision.
  • Examine and elucidate gray areas and case law regarding debt collection law and regulation.
  • Learn what the top collection mistakes are and new ways on how you can effectively avoid them.
  • Recognize new spins on old collection techniques so you can comply without sacrificing the efficiency of your collection efforts.
  • Discover how to competently defend against and settle FDCPA claims.

All times are shown in Eastern time
Presented by Wendy Badger and Ernest H. Kohlmyer

  1. The FDCPA and CFPB's Role
    10:00 - 10:50
    1. Issues of Vicarious Liability - Recent Trends and Case Law
    2. CFPB Enforcement Activity
    3. The New Service Provider Requirements and the CFPB's Expectations
    4. Expansion of the Scope of the Statute - Analyzed and Interpreted
    5. The CFPB's Current Role in Supervising Debt Collectors
    6. FDCPA's Civil Liability Provision Dissected
  2. Are You Subject to the FDCPA? What the CFPB is Looking For
    10:50 - 11:15
  3. Defining Harassment, False, Deceptive and Misleading Practices Under CFPB Supervision
    11:30 - 12:30
    1. Creditor's Rights vs. Debtor's Rights
      1. Legislative Intent Underlying the FDCPA
      2. Creditor Protections Under the FDCPA
      3. Specific Debtor Protections Created by the Case Law
      4. The CFPB's Scope and Authority to Enforce the FDCPA
    2. What Constitutes Harassment in Connection with Collection of a Debt?
      1. The FDCPA Definition
      2. The Courts' Interpretation
      3. Indications from CFPB Published Guidance and Enforcement Actions
    3. What Constitutes a False or Misleading Representation in Connection with Collection of a Debt?
      1. The FDCPA Definition
      2. The Courts' Interpretation
      3. Materiality Requirement?
      4. Indications from CFPB Published Guidance and Enforcement Actions
  4. What NOT to do: Top Collection Mistakes Being Made and How to Avoid Them
    1:00 - 2:00
    1. The "Mini-Miranda" Warning
      1. Statutory Basis
      2. Recent Case Law and Examples
    2. Debtor Cease and Desist Requests
      1. Phone Call Restrictions
      2. Restrictions on Written Communication
    3. The Prohibition Against False, Deceptive and Misleading Representations
    4. Verification of a Debt
      1. The Validation Period
      2. Verifying the Debt
      3. Recent Developments
    5. The "Least Sophisticated Consumer" Standard
      1. The Case Law
      2. Recent Developments
    6. Leaving Messages and Other Technology-Related Riddles
      1. Third-Party Disclosure Issues
      2. Social Media
    7. Dealing with Consumer "Stalls" While Remaining Compliant
    8. Discussing Litigation with the Consumer and Third Parties
      1. Matters of Public Record
      2. Exceptions under § 1692c(b)
    9. Compliance Considerations in the Letter Drafting Process
    10. Risky Vocabulary and Language in Collector Talk-Offs
  5. How to Walk the CFPB Line: New Spins on Old Collection Techniques
    2:00 - 2:50
    1. Preference Payment
    2. Wage and Bank Garnishments
    3. Property Execution Real Property
    4. Personal Property
    5. Dealing with Exemption Claims by the Debtor
    6. Receiverships
    7. Reaching Reasonable Settlements
    8. Installment and Lump Sum Payments
    9. Out of State Collections Strategies
    10. Turnover or Assignment Orders
    11. Disclosure Hearings
    12. Attachments
  6. Defending Against the Debt Collection Harassment Claim Under the CFPB
    3:05 - 4:00
    1. Claims Asserted by Debtors: Vicarious Liability vs. Direct
    2. Litigation Costs vs. Possible Damages
    3. Key Strategies During Discovery
    4. Avoiding Incrimination Through Collector Documents and Messages
    5. Settlement Strategies and Techniques
    6. Re-Opening Default Judgment
    7. Convincing the Jury That the Debtor is Not the Victim
    8. Debunking Survey and Expert Evidence
    9. Minimizing Damage Awards
  7. Ethics for Collection Attorneys
    4:00 - 5:00
    1. Reporting Professional Misconduct
    2. Dealing with Unrepresented Persons
    3. Unauthorized Practice of Law
    4. Harassment

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