Learn about debt collection laws, obligations, and best practices to navigate liability risks effectively in this essential course.
A significant aspect of debt collection is placing telephone calls to debtors. Yet, the legal landscape for the debt collection industry is fraught with numerous sources of potential liability, most notably the Fair Debt Collections Practices Act and the Telephone Consumer Protection Act, as well as state law claims, including invasion of privacy/intrusion upon seclusion. Each of these laws presents its own unique obligations and challenges for collections professionals. This course will discuss those obligations and challenges and will outline common pitfalls - the DON’TS - and best practices - the DOS - that every collection professional needs to know.
Learning Objectives
- You will be able to explain the statutory language and key provisions of the Fair Debt Collections Practices Act (FDCPA) and its state court analogs.
- You will be able to describe the purpose and scope of the Telephone Consumer Protection Act (TCPA) and how it impacts debt collection practices.
- You will be able to recognize the potential damages and legal consequences associated with violations of the FDCPA, TCPA, and privacy-related claims.
- You will be able to identify common violations and best practices.
Agenda
Fair Debt Collections Practices Act (FDCPA) and State Court Analogs
- Statutory Language and Interpretation
- New Regulation F
- Damages
- Common Violations (Don’ts) and Best Practices (Dos)
Telephone Consumer Protection Act (TCPA)
- Statutory Language and Interpretation
- Damages
- Common Violations (Don’ts) and Best Practices (Dos)
Common-Law Invasion of Privacy/Intrusion Upon Seclusion Claims
- Background/Elements
- Damages
- Common Theories of Liability (Don’ts) and Best Practices (Dos)
Speakers
Eric M. Hurwitz,
Stradley Ronon Stevens & Young, LLP- Partner in the office of Stradley, Ronon, Stevens & Young, LLP
- Co-chair of the firm’s financial services litigation practice group
- Practice focused on defending financial institutions from claims arising out of nearly every type of consumer and commercial financial product
- Defends both single plaintiff and class action lawsuits against banks, mortgage lenders and servicers, student lenders, credit card companies, auto finance companies, debt collection companies and other financial services institutions
- Conducts regular seminars and workshops on numerous consumer finance topics.
- Author of publications concerning the mortgage industry, including servicing regulations promulgated by the Consumer Financial Protection Bureau and standing challenges to foreclosures
- New Jersey Law Journal, 40 under 40, comprised of the top 40 young professionals in the New Jersey legal community; South Jersey Biz, Best Attorneys in Business for litigation
- B.A. degree, University of Texas at Austin; J.D. degree, Boston University School of Law
- Can be contacted at ehurwitz@stradley.com or 856-321-2406
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 collection managers, presidents, vice presidents, business owners and managers, lending professionals, accountants, and attorneys.
