Learn how to stay compliant when dealing with debt collection laws.
With both the Consumer Financial Protection Bureau (CFPB) and highly active consumer protection plaintiffs’ lawyers looking for money, third-party debt collectors and especially collection lawyers are consistent and open targets for claims debt collection abuses, and noncompliance issues. Even nominal violations of the FDCPA can lead to class action litigation and expose debt collectors to large damages. Learn how new federal regulations and safe harbor provisions can be used to avoid liability, increase consumer contact, and reduce the cost of collection overhead. This course will provide you with the knowledge you need to navigate the dangers of collecting consumer debts and provide you with collection techniques and strategies to reduce the risk of frivolous or harmful lawsuits.
Learning Objectives
- You will be able to define the most problematic issues and trends observed by the CFPB in the collection industry.
- You will be able to describe at least ten collection areas that produce FDCPA liability concerns.
- You will be able to identify weaknesses in debt collection policies and procedures and ways to increase your chances under the bona fide error defense.
- You will be able to review these top areas with your management team, compliance officer, and collection staff to reduce potential FDCPA liability.
Agenda
Enforcement and Compliance From the Consumer Financial Protection Bureau (CFPB)
- What Is the CFPB Concerned About With the Debt Collection Industry?
- What Are the Consumer’s Primary Complaints With the Debt Collection Industry?
- What Has Been the Response and Action Taken by the Debt Collection Industry
Written Communications With Consumers
- How to Draft an FDCPA Compliant Debt Collection Letter
- Preventing Overshadowing and Contradiction Violations
- What Are the FDCPA Required Disclosures and How to Communicate Them Accurately
Oral Communications With Consumers
- How to Avoid Problematic Conversations and Confrontations
- How to Avoid Call Traps
- Avoiding Issues of Misrepresentation Allegations
Regulation F Final Rules and Safe Harbors
- Using the New Model Validation Notice
- Comply With Call Frequency Issues
- Utilizing the New Limited Content Message
Litigation Trends and New Issues
- Use of Letter Vendors Under Hunstein
- Creditor Reliance Issues
- Collecting Unsubstantiated Debts or Charges
Speakers
Ernest H. (Skip) Kohlmyer, III, Esq., LL.M.,
Shepard, Smith, Kohlmyer & Hand, P.A.- Shareholder with the law firm of Shepard, Smith, Kohlmyer & Hand, P.A. in Orlando, Florida where he has served as corporate counsel for an Atlanta based collection agency
- Been in private practice for 28 years and has been defending various businesses against TCPA Class litigation since 2008
- Represented corporations, collection agencies, debt buyers, and credit reporting agencies in other compliance-related matters relating to TCPA issues
- Has had the privilege to serve as either lead counsel or co-counsel in numerous TCPA matters in addition to also being the lead counsel in key district court opinions
- Served in various leadership positions with ACA International and is president-elect of the Florida Collectors Association
- LL.M. degree, in international law and business; certified as an arbitrator in international commercial litigation cases, including business litigation, commercial arbitration, and public entity defense litigation
Who Should Attend
This live webinar is designed for attorneys, credit and collection managers, presidents, vice presidents, business owners and managers, lending professionals, bankers, and accountants.
