Gain a better understanding of the consumer privacy protections of the FDCPA and those found in similar statutes.
Many communications technologies (emails, text messages, web portals are just several examples) did not exist when the Federal Debt Collection Practices Act (FDCPA) was enacted in 1977. Both consumers and debt collectors may prefer the efficiency, convenience, control, and privacy of these technologies. However, it is not clear how the FDCPA applies when these technologies are used in debt collection. The Bureau of Consumer Financial Protection (CPFB) has proposed a Debt Collection Practices Rule (Proposed Rule) to clarify the application of the FDCPA to newer communications technologies, and has included proposed record retention requirements applicable to debt collectors.
This topic will highlight the consumer privacy protections of the FDCPA and those found in similar statutes (e.g. the TCPA), and explain the importance of a record retention program in an organization. Regarding the Proposed Rule, this information will explain the new technologies addressed by the Proposed Rule, and how the CPFB proposes to apply the FDCPA to communications made using these technologies. It will help you understand what the Proposed Rule will require regarding record retention, and how to prepare your own records retention program to comply with the Proposed Rule.
Agenda
Faculty
John J. (Jack) Pringle, Jr.
Adams and Reese LLP
- Partner in the Columbia, SC office of the law firm of Adams and Reese LLP
- Practice emphasizes all aspects of privacy, information security, and information governance for financial institutions, health care providers, public utilities, and other businesses; he helps businesses protect, manage, and communicate information lawfully and effectively
- Conducts regular seminars and workshops on numerous topics, including legal frameworks and compliance applicable to information security (HIPAA-HITECH, GLB, State Breach Notification Laws, GDPR), marketing and advertising (TCPA, CAN-SPAM, FTC Telemarketing Sales Rule), consumer privacy (FDCPA, FCRA, FACTA), information governance (including collection, retention, management, and destruction or records and documents), and social media
- Has written several articles in the areas of privacy, data security and information governance
- Holds the Information Privacy Professional (CIPP-US) designation from the International Association of Privacy Professionals (IAPP), and advises clients on the retention, collection, management, and production of electronically stored information (ESI)
- J.D. degree, University of South Carolina; B.A. degree, Washington and Lee University
- Can be contacted at 803-343-1270, [email protected] or on Twitter® @jjpringlesc
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