Avoid Penalties, Ensure Compliance!
Debt collectors are receiving penalties for FDCPA violations at an alarming rate, and for most, simply updating collection policies, procedures and techniques is all that is needed. As recent CFPB guidance and case law continue to expand the scope of the FDCPA, getting up to speed has never been more important. Join us as our expert faculty delivers this timely information and teaches you how to successfully collect while complying with the act. Register today!
- Examine new FDCPA definitions, the CFPB's role, new requirements and court interpretations.
- Understand specific debtor protections created by case law.
- Define harassment and false, deceptive and misleading practices under the CFPB.
- Review the "Mini-Miranda" Warning, debtor cease and desist requests under the CFPB.
- Get new spins on old techniques for leaving messages and other technology-related challenges.
- Discuss new requirements under the CFPB governing communication with a debtor.
- Assess FDCPA compliance and claims AND get concrete skills for litigating violations.
- Understand the mandated disclosures written for the "least sophisticated consumer."
- FDCPA: Critical Changes and Current Developments
Charles S. Embry
- The FDCPA and CFPB: What You Must Know Now
- State Debt Collection Regulations and Rules
- Current FDCPA Reform Efforts and Trends
- Enforcement Actions
- Changes and New Requirements
- Issues of Vicarious Liability
- Bankruptcy and the FDCPA
- Overview of the Fair Debt Collection Practices Act
9:50-10:40, Gary Vangilder
- History and Purpose of the Act, Including Legislative History
- Language of the Act
- Conjunction of the FCRA and the FDCPA
- Expansion of the Scope of the Statute
- Dissecting the FCPA's Civil Liability Provision
- Creditor's Rights vs. Debtor's Rights
- Are you Subject to the FDCPA? Persons and Transactions Covered
- Persons Who Must Comply as "Debt Collectors"
- Persons Specifically Excluded from the Term "Debt Collector"
- Transactions Covered by the Act
- Transactions Not Covered by the Act
- How to Comply with the Act
Sammy S. High
- FDCPA Definitions and Court Interpretations
- FDCPA Requirements: Communication with a Debtor
- Specific Debtor Protections Created by Case Law
- Actions Required of the Debt Collector
- False, Deceptive and Misleading Representations Prohibited
- Letter Drafting Process: Critical Considerations
- Unfair or Unconscionable Collection
- Verification of a Debt
- Furnishing Deceptive Forms
- "Mini-Miranda" Warning
- Debtor Cease and Desist Requests
- Handling Consumer "Stalls"
- Leaving Messages and Other Technology-Related Considerations (Social Media, Email, etc.)
- Discussion of Litigation with Consumer and Third Parties
- Mandated Disclosures Written for the "Least Sophisticated Consumer"
- FDCPA Claims and Case Law: Litigating Violations
1:35-2:25, Sammy S. High
- State and Federal Jurisdiction Over Private Civil Actions Under FDCPA; Venue Considerations
- Litigation Costs vs. Potential Damages: Evaluation of Cases and Formulation of Strategy
- Class Action Lawsuits
- Tactical Discovery
- Debunking Survey and Expert Evidence
- Settlement Techniques
- Defenses and Counterclaims
- Applying Recent FDCPA Case Law
Byron Cole Rhodes
- Statutory Damages
- Actual Damages
- Attorneys' Fees
- Class Damages
- Injunctive Relief
- Punitive Damages
- Uphold Ethical Standards Under the FDCPA
3:30-4:30, Byron Cole Rhodes
- Attorneys as Debt Collectors
- Reporting Professional Misconduct
This practical basic-to-intermediate level seminar is designed for the following practitioners:
- Debt Collectors, Credit Managers and Collection Agencies
- Lending Officers and Bankers