Find out what you can and can't say in a collections letter to remain compliant with the Fair Debt Collection Practices Act.
Collection letters form the heart of any collection process. What can be included in these letters is intensely regulated under the FDCPA and interpretive case law. Poorly drafted, confusing, ambiguous, or misleading collection letters may create liability under the FDCPA, even if written with the best intentions. The FDCPA is a strict liability statute and is interpreted in favor of the consumer-debtor.
This presentation addresses many of the most problematic issues arising in collection letter practice that lead to claims, including the new rules promulgated in 2021 under Regulation F by the Consumer Financial Protection Bureau.
Agenda
Faculty
Mark E. Ellis
Ellis Law Group, LLP
- Nationally recognized in defending creditors, collection lawyers, and collection agencies in commercial/consumer-related litigation
- One of a select group of attorneys who defend collection agencies and attorneys through the errors and omissions insurance program sponsored by the American Collector’s Association
- Has defended thousands of claims arising under the FDCPA, FCRA, and TCPA, as well as their state law equivalents, and defends class actions arising under those statutes in the federal district and state courts
- Has successfully argued numerous cases before the United States and California Courts of Appeal leading to published opinions
- Regularly writes and lectures on the FDCPA, among other topics
- Named a Super Lawyer every year for the last 20 years and named one of the Best Attorneys in America for the last 15 years
- Board certified as a specialist in legal malpractice by the California State Bar
- J.D. degree, cum laude, California Western School of Law; B.A. degree, College of William & Mary
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