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.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Introduction and Overview
- Collection Letters as the Source of FDCPA Claims
- The Magnitude of the Issue
- Class Action Claims Based on Letter Violations - Sections of the FDCPA Most Often Pled
Relevant FDCPA Provisions
- The Basis for FDCPA Letter Claims - 15 U.S.C. § 1692E
- The Basis for FDCPA Letter Claims - 15 U.S.C. § 1692F
Add-on Charges
- What Are Add-on Charges
- Why They Give Rise to Claims
Collection Letter Dos and Don'ts
- Validation of Debt Letters - 15 U.S.C. § 1692
- Language in Letters
- Safe Harbor
- Non-Threatening
- Settlement Offers
- Regulation F (12 CFR Part 1006)
- Subsequent Letters
- The Importance of the Current Debt Balance and How Delineated
- Out of Statute Debt
State Law and Time-Barred Debt
- Threatening Suit on Time-Barred Debt - a Violation of the FDCPA
- Interaction of State Law and the FDCPA
- Interpretation of Regulation F
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on January 31, 2023.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.0
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.0 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.0
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 62 Minutes.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VA CLE 1.0
- This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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