Quickly Recover Debts While Staying in Compliance
Staying in regulatory compliance while attempting to collect a debt has never been more important. With this up to date program, you will gain all the tools and knowledge necessary to locate assets and collect judgments while avoiding FDCPA, TCPA and other violations. Join us as our experienced faculty explains the role of the CFPB in the collections industry and walks you through the most effective methods of recovering debts. Register today!
- Ensure compliance with the FDCPA.
- Know the quickest ways to locate assets.
- Learn how social media has impacted collection law.
- Explore the CFPB's areas of focus.
- Stay up to date and compliant with the TCPA.
- Understand how to collect debts when the debtor files for bankruptcy.
- Debt Collection Compliance Under the CFPB: New CFPB Regs, Enforcement and More
9:00 - 9:55, Written by Elizabeth S. Moore
Presented by Michael K. Hatch in Greenville, Elizabeth S. Moore in Charleston and Jason D. Wyman in Columbia
- The CFPB's Reach of Authority and Actions to Date
- Update on the CFPB's Rulemaking
- Examples of Real-Life Problems Facing Collection Attorneys in an Ever-Changing Regulatory Environment
- Types of Debt Collection Covered by the CFPB
- What are the CFPB's Main Areas of Focus?
- CFPB - Best Practices You Must Know
- Preparing for a CFPB Audit
- Payment of Debt to Improve Credit Worthiness Statements
- How to Handle Current Problems and Prepare for the Future
- How will the CFPB Continue to Affect the Collection Industry?
- FDCPA Compliance - Tips for Avoiding and Handling the Latest Pitfalls
10:10 - 11:00, Written by Jason D. Wyman
Presented by C. Richard Stewart in Greenville, Elizabeth S. Moore in Charleston and Jason D. Wyman in Columbia
- Federal and State FDCPA Rules and Regulations
- Persons, Transactions and Communications Covered
- Social Media Debt Collecting
- Meaningful Involvement
- Rules for Notices in Communications/Document Disclosures
- Bona Fide Error
- Tips for Dealing with the Defiant Debtor
- UDAAP Violations Under the CFPB Related to Collection of Consumer Debts
11:00 - 11:50, Written by Paul W. Owen Jr.
Michael K. Hatch in Greenville, Mark A. Nappier in Charleston and Paul W. Owen Jr. in Columbia
- The CFPB's Definitions of Unfair, Deceptive and Abusive
- CFPB Compliance Guides, Documents and Necessity for UDAAP Policy
- What Constitutes a UDAAP Violation Under the CFPB?
- Consumer Complaint Database
- Self-Reporting Requirements
- Preparing for an Audit and Avoiding UDAAP Violations
- Developing a UDAAP Risk Management Plan
- Telephone Consumer Protection Act (TCPA) Compliance
11:50 - 12:35, Written by Adam S. Tesh
Presented by C. Richard Stewart in Greenville, Mark A. Nappier in Charleston and Adam S. Tesh in Columbia
- Collecting the Judgment While Remaining Compliant: Different Methods on Old Techniques (with Real-World Examples)
1:35 - 2:25, Written by M. Brooks Derrick
Presented by Randy A. Skinner in Greenville, M. Brooks Derrick and Daniel C. Boles in Charleston and Adam S. Tesh in Columbia
- Drafting an Effective AND Compliant Collection Letter
- Examples of Non-Compliant Demand Letters That Result in Suits
- Repossession, Wage and Bank Garnishments
- Dealing with Fraudulent Transfers
- Current Exclusions and Limits on Attaching Assets
- Real Property Liens - New Techniques
- Passive and Active Receiverships
- Dealing with Exemption Claims
- Assignment Orders and Writs of Execution
- Deficiency Actions and Charging Orders
- Collecting Through the Bankruptcy Process: Do's and Don'ts
- How to Successfully Locate Assets Under the CFPB: Cutting-Edge Techniques
2:40 - 3:30, Written by D. Nathan Davis
Presented by Randy A. Skinner in Greenville, D. Nathan Davis in Charleston and Brian C. Gambrell in Columbia
- Publicly Available Information, Social Media, Discovery of Electronic Data and Other Internet Resources
- When Should I Use Investigators?
- Debtor's Examination - Pitfalls and Pointers
- Getting Information from the Bank and Credit Bureau
- Court Intervention/Assistance in Forcing Asset Disclosure
- Using Motions to Compel the Debtor's Compliance
- Finding Hidden Cash, Real Estate and Personal Property (Motor Vehicles, etc.)
- Bankruptcy Search and Subpoena of Business Records
- UCC and Judgment Search
- Ethics for Collection Attorneys
3:30 - 4:30, Written by Brian C. Gambrell
Presented by Brian R. Miller in Greenville, D. Nathan Davis in Charleston and Brian C. Gambrell in Columbia
- Reporting Professional Misconduct and Harassment
- Dealing with Unrepresented Persons
- Unauthorized Practice of Law
This basic-to-intermediate level seminar is designed for attorneys. Credit and collection managers, financial service managers, banking professionals, loan officers, and paralegals will also benefit.