Gain an understanding of the rules and limitations under the FDCPA and commonly litigated issues.
Debt collectors remain at the center of litigation and regulatory scrutiny, and this scrutiny is likely to increase as a result of current economic conditions. Collectors are subject to extensive rules and limitations on communications with debtors and third parties under the Fair Debt Collection Practices Act (FDCPA). This topic will discuss the latest laws and regulations pertaining to debt collection communications, whether by phone or through the mail. The information will address the best practices and procedures for such communications, to avoid common risks and pitfalls that lead to litigation exposure. The information will also address common claims and remedies for violations of the FDCPA relating to debt collection communications.
Learning Objectives
- You will be able to review future developments with the FDCPA to effectuate ongoing compliance with federal regulations applicable to debt collection communications.
- You will be able to identify the most common and frequently litigated issues facing collectors when seeking to collect consumer debts.
- You will be able to explain the limitations and liability risks facing collectors in communicating with debtors and third parties under the FDCPA.
- You will be able to discuss the latest laws, strategies, and challenges guiding permissible communications under the FDCPA.
Agenda
Communication Limitations and Requirements Under the Fair Debt Collection Practices Act (FDCPA)
- Overview of the FDCPA
- Who Is Covered by the Act?
- What Is a Communication Regulated by the Act?
- Initial Notice Requirements Required by §1692(G) of the FDCPA
- Communications and Disclosures to Third Parties, Including Restrictions When Seeking Location Information for the Debtor
- The Dangers of Leaving Voicemails
- Mail Disclosures - the Risks of Window Pane Envelopes and QR or Barcodes
- Discussion of Settlement Offers or Threats of Litigation on Time-Barred Debts
- Permissible Communications When the Debtor Is in Bankruptcy, or Has Received a Bankruptcy Discharge
- Disclosures Relating to the Accrual or Nonaccrual of Interest
- Recent Developments With the FDCPA’s Statute of Limitations
Distinctions Between Telephone Consumer Protection Act (TCPA) and FDCPA Liability Related to Telephone Calls
- Brief Overview of the TCPA and the Types of Equipment Subject to the Act (an Automatic Telephone Dialing System [ATDS])
- Differences of Cease Requests Under the TCPA and FDCPA
- Types of Violations
- Volume
- Time of Day
- Place of Employment
- Related State Laws
- Damages
Speakers
Adam M. Kaplan,
Stradley Ronon Stevens & Young, LLP- Associate, Stradley Ronon Stevens & Young, LLP
- Practice focused on consumer lending and financial services litigation, with a primary focus on defending claims against financial services companies, including claims under the FDCPA, FCRA, TILA, and RESPA, as well as class-action, deceptive trade practices, and fraud claims
- Counsels clients on regulatory compliance and risk assessment and advises on enforcement actions and investigations
- Defends both single-plaintiff and class-action lawsuits against banks, mortgage lenders and servicers, student lenders, auto finance companies, debt collection companies, and other financial services institutions
- J.D. degree, Rutgers Law School; B.A. degree, Northwestern University
Walter J. Buzzetta,
Stradley Ronon Stevens & Young, LLP- Counsel in the office of Stradley, Ronon, Stevens & Young, LLP
- Practice focused on consumer lending and financial services litigation, with a primary focus on defending claims against financial services companies, including claims under the FDCPA, FCRA, TILA, RESPA, as well as class action, deceptive trade practices, and fraud claims
- Regularly advises financial services companies on strategic planning, risk assessment, and regulatory compliance
- Defends both single-plaintiff and class-action lawsuits against banks, mortgage lenders and servicers, student lenders, auto finance companies, debt collection companies, and other financial services institutions
- Served as in-house senior counsel for a mortgage lending and servicing vendor and defended nationwide litigation claims
- Conducts seminars on numerous consumer finance topics
- J.D. degree, Duke University; B.A. degree, Southern Methodist University
- Can be contacted at wbuzzetta@stradley.com or 202-507-6407
Who Should Attend
This live webinar is designed for credit and collections managers, attorneys, presidents, vice presidents, lending professionals, business owners, managers and accountants.
