Are You Up to Speed with the New Requirements?
Staying in regulatory compliance while attempting to collect a debt has never been more important. In this comprehensive course, veteran faculty will review the latest CFPB rules and regs you need to know, as well as provide you with practical tools and real-world insight for how to remain in compliance with the CFPB when collecting a judgment. Discover how you can use the CFPB's upcoming changes to your advantage, put new spins on old collection techniques, and execute essential strategies for avoiding and defending against FDCPA claims. Register today!
- Discover what the new 2019 requirements are all about!
- Clearly define harassment, false, deceptive and misleading practices under the CFPB.
- Find out what the CFPB is looking for right now so you can remain ahead of the game.
- Identify trends, recent developments, current challenges and the CFPB's scope of authority.
- Effectively collect wage and bank garnishments and property execution under the CFPB.
- Locate assets after the judgment with informal discovery and using information in your file.
- Properly defend against the debt collection harassment claim under the CFPB and FDCPA.
This is a rebroadcast of the original webcast delivered by Ernest H. Kohlmyer, David Weimer and Ronald S. Weiss on February 7, 2019. Faculty will be available to answer your questions after the program.
10:00 am to 5:00 pm Eastern Standard Time
- The New CFPB Rules
10:00 - 11:00, Ernest H. Kohlmyer
- The New Final Rule (2018 TILA-RESPA Rule) Regarding Closing Disclosures
- Changes to Prepaid Accounts Rule
- New HMDA Guidelines
- Changes to the Mortgage Servicing Final Rule
- Update of FDCPA - Trends, Recent Developments and Current Challenges
- The New CFPB Interpretive Rule
- UDAAP Update
- How to Collect the Judgment Under the CFPB - New Spins on Old Collection Techniques... Walking the Fine Line
11:15 - 12:15, Ronald S. Weiss
- Collecting the Judgment Under the CFPB: What NOT to do
- Wage and Bank Garnishments
- Property Execution
- Use of Judgment Liens on Real Property
- Use of Judgment Liens on Personal Property
- Installment and Lump Sum Payments and Preference Payments
- Dealing with Exemption Claims by the Debtor
- Turnover or Assignment Orders
- Reaching Reasonable Settlements
- Disclosure Hearings
- Attachments and Receiverships
- Personal Property
- Out-of-State Collections Strategies
- Creditor's Rights vs. Debtor's Rights: The Latest CFPB Compliance Pitfalls
12:45 - 1:45, David Weimer
- Creditor Compliance Under the CFPB and FDCPA
- Legislative Intent Underlying the FDCPA and CFPB
- The CFPB's Scope and Authority to Enforce the FDCPA
- Creditor Protections Under the FDCPA and CFPB
- Specific Debtor Protections Created by the Case Law
- Meaningful Attorney Involvement
- 1099c Disclosures
- Interest and Other Ongoing Charges
- Window Envelopes
- Locating Assets After the Judgment - The Latest CFPB Rules and Regs
1:45 - 2:45, Ronald S. Weiss
- Informal Discovery and Using Information in Your File
- Identifying Specific Records and Sources of Information
- Internet Resources
- Using Investigators
- Fraudulent Conveyances of Assets
- When to Involve the Court/Court-Ordered Examinations
- Using Motions to Complete the Debtor's Compliance with Post-Judgment Discovery Requests
- Pitfalls to Avoid When Searching for Property
- Defending Against the Debt Collection Harassment Claim Under the CFPB and FDCPA
3:00 - 4:00, Ernest H. Kohlmyer
- What Constitutes Harassment? CFPB, FDCPA and Current Court Definitions
- False or Misleading Representation: CFPB, FDCPA, Current Court Definitions and Materiality Requirement?
- Claims Asserted by Debtors: Vicarious Liability vs. Direct
- Litigation Costs vs. Possible Damages
- Key Strategies During Discovery
- Avoiding Incrimination Through Collector Documents and Messages
- Settlement Strategies and Techniques
- Re-Opening Default Judgment
- Convincing the Jury That the Debtor is Not the Victim
- Debunking Survey and Expert Evidence
- Minimizing Damage Awards
- Ethics for Collection Attorneys
4:00 - 5:00, David Weimer
- Candor with the Tribunal
- Multi-Jurisdictional Practice of Law
- Dealing with Represented Consumers
- Dealing with Unrepresented Persons
- Supervising Non-Lawyer Staff & the Unauthorized Practice of Law
This program is designed for attorneys. Debt collectors, banking professionals and paralegals will also benefit.