Learn how to avoid the traps and get the information you need to be an efficient and ethical collector.
The Fair Debt Collections Practices Act (FDCPA) aims to protect consumers from unfair and intrusive debt collection practices. The FDCPA provides that under certain conditions, attorneys fall under the definition of debt collectors subject to the act. The act imposes a strict set of guidelines on debt collectors and provides for a civil cause of action for consumers allegedly wronged by debt collectors. Given that the FDCPA assesses consumers at an unsophisticated consumer standard but holds debt collectors to a competent lawyer standard, practitioners must know the requirements and restrictions placed upon them by the FDCPA. This topic will shed light on the common elements practitioners must evaluate when determining whether the FDCPA applies and lays out the basic requirements necessary to avoid civil liability.Agenda
Fair Debt Collection Practices Act - Applicability
- Consumer Debt Defined
- Consumer Defined
- Debt Defined
- Debt Collector Defined
- Debt Collector vs. Creditor
- Exemptions to Debt Collector
- Attorneys as Debt Collectors
FDCPA Compliance
- Applicable Standards
- The Unsophisticated Consumer Standard
- The Competent Lawyer Standard
- Restrictions on Communication
- With the Consumer
- Communications With Third Parties Barred
- Communications Following Demand to Cease From Consumer
- Prohibited Acts
- Harassment or Abuse
- Unfair or Unconscionable Practices
- False, Deceptive or Misleading Representations
- If Multiple Debts - Must Follow the Consumer’s Direction as to Allocation
- Notice Compliance
- Required Contents
- Disputed Debt Process
- Legal Proceedings Not Considered Initial Communications
- Disclosure That Debt Collector Is Attempting to Collect a Debt (1692e(11))
Civil Liability
- Damages
- Actual Damage
- Additional Damages Not Exceeding $1,000.00
- Class Action Damages
- Attorney’s Fees
- Liability Considerations
- Individual Actions
- Class Actions
Case Studies - Unique Scenarios
- Individual Guarantor of Corporate Credit Card Found to Be Consumer Under FDCPA (Johns v. Northland Group, Inc., 76 F. Supp. 3d 590 (E.D. Pa. 2014))
- LLC Found to Be Person Under FDCPA (Anarion Investments LLC v. Carrington Mortg. Services, LLC, 794 F.3d 568 (6th Cir. 2015))
- HOA Fines Against Homeowner Not Debt Under FDCPA (Durso v. Summer Brook Preserve Homeowners Ass’n, 641 F. Supp. 2d 1256 (M.D. Fla. 2008))
- But Past-Due HOA Assessments Are Debt Under FDCPA (Abby v. Paige, 903 F. Supp. 2d 1330 (S.D. Fla. 2012))
Speakers
Mark D. Belongia,
Johnson & Bell, Ltd.- Partner in the Chicago office of Johnson & Bell, Ltd.
- Practice emphasizes all aspects of financial regulatory areas, such as consumer lending and banking
- Conducts regular seminars and workshops on lending and debt collection
- Author of several publications related to the areas of properly lending to consumers and proper methods of collection
- Member of the Chicago, Illinois and American Bar Associations
- J.D. degree, DePaul University College of Law; B.S.B.A. degree in accounting, Drake University
- Can be contacted at belongiam@jbltd.com or 312-984-0271
William F. Cook VI,
Hinshaw & Culbertson LLP- Associate at Hinshaw Law
- Represents individuals and businesses in various industries in litigation
- Represented a holding company in a general chancery case against a venture capital private equity firm
- Served as the judicial clerk for the Circuit Court of Cook County in Chicago
- Member of the Chicago, Illinois Bar Association
- J.D. degree, Chicago-Kent College of Law; B.S.B.A. degree, John Carroll University
Who Should Attend
This live webinar is primarily designed for attorneys and paralegals, but other legal professionals may also benefit from attending.
