Gain the knowledge you need to navigate the dangers of collecting consumer debts and reduce the risk of harmful lawsuits.
Learn how to stay compliant when dealing with debt collection laws. With both the Consumer Financial Protection Bureau (CFPB) and very 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 or TCPA can lead to class action litigation and expose debt col-lectors to large damages. This course will provide you with the knowledge you need to navigate the dangers of col-lecting 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 debt collection harassment and deceptive practices.
- You will be able to describe how to communicate with consumers.
- You will be able to identify several debt collection statutes, including the FDCPA, FCRA, and TCPA.
- You will be able to explain best practices when defending FDCPA and TCPA litigation.
Agenda
The Alphabet Soup of Debt Collection Statutes: FDCPA, FCRA, and TCPA
- Fair Debt Collection Practices Act (FDCPA)
- Fair Credit Reporting Act (FCRA)
- Telephone Consumer Protection Act (TCPA)
Defining Debt Collection Harassment and Deceptive Practices
- Frequency of Telephone Contacts Under Section 1692d(5)
- False and Misleading Representations in Letters and Talk-Offs
- Compliance and Strategy Approaches to Litigation
How to Communicate With Consumers (Written, Telephonic, and Electronic)
- Mandatory Disclosures
- Auto-Dialers
- Correct and Compliant Correspondence
- Texting, Emails, and Social Media
Meaningful Involvement of Lawyers in Collection Litigation
- Review of CFPB Enforcements Actions Against Collection Lawyers
Defending FDCPA and TCPA Litigation
- Documentation and Use of Bona Fide Error Defense
- Prior Express Consent Defense
- Mitigation of Liability and Damages
- Settlements and Offers of Judgement
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 credit and collection managers, attorneys, lending professionals, presidents, vice presidents, branch managers, directors, controllers, and accountants.
