Gain an understanding on FDCPA regulations and how to limit and defend against FDCPA lawsuits.
Receive an overview of some of the key areas of compliance regarding a third-party debt collector’s use of debt collection communications via the telephone and in writing. Recently, the collection industry has been confronted by increasing regulatory oversight and enforcement actions by the Consumer Financial Protection Bureau (CFPB), as well as an awaking of the Federal Trade Commission (FTC) and Federal Communication Commission (FCC) which also regulates the industry’s use of telephonic communications directed toward the consumers/debtors and other third parties. The material will concentrate on the CFPB’s recent directives relating to the industry’s compliance with the Federal Debt Collection Practices Act (FDCPA).
Agenda
What Is a Communication Under the FDCPA?
- Section 1692(a)(1) Statutory Basis of Communication
- Foti v. NCO and Avoiding Section 1692e(11) Violations
- Zortman v. JC Christensen, Can You Leave a Message That Is Not a Debt Collection Communication?
- Hart v. Credit Control and the Viability of the Use of the Zortman Type Message
Proper Disclosures Under the FDCPA
- Section 1692e(11) and the Mini-Miranda Warning
- Section 1692(c) Acquisition of Location Information
- Audio Recordings and the Use of Implied and Mutual Consent to Record
The Do’s and Don’ts in Communication With Consumers
- Time Period Restrictions
- Handling Verbal Disputes
- Handling Verbal Cease and Desists and Implications With the TCPA
- Handling Notifications of Attorney Representation and Bankruptcy
Avoiding and Minimizing Claims of Harassment and Abuse
- Verbal Harassment and/or Abuse
- Frequency of Call Violations and the Winning Claims Under Section 1692d(5)
- Avoiding False and Misleading Representation Claims
- How to Handle Calls From a Debt Collection Law Firm or Lawyer
Using the Bona Fide Error Defense Under the FDCPA
- What Is an Effective Policy and Procedure to Avoid Telephone Call Violations?
- Using Modern Technology to Avoid or Minimize Violations
- Presenting a Bona Fide Error Defense to a Jury or a Judge
- Overview of the CFPB Statistics of FDCPA Complaints
Defense and Compliance Strategies to Avoid or Lessen FDCPA Lawsuits
- Collection Letter Reviews
- Call Monitoring and/or Recording Equipment
- Enhancing Policies and Procedures
- Minimizing Damages
- Determining Actual Harm
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 program is primarily designed for attorneys. Other legal professionals may also benefit from attending.
