Learn how to develop a collection procedure to avoid downstream liability and identify proper disclosures under the FDCPA.
This topic is intended to provide you with an overview of some of the key areas of compliance regarding a third-party debt collector's use of debt collection communications via the telephone and in writing for the health care industry. Recently, the medical debt collection industry has been confronted by increasing regulatory oversight and enforcement actions by the Consumer Financial Protection Bureau (CFPB), as well as an awaking of the Federal Trade Commission (FTC) and Federal Communication Commission (FCC) which also regulates the industry's use of telephonic communications directed toward the consumers/debtors and other third parties. The material will concentrate on the specific issues and concerns in medical debt collection and the industry's compliance with the Federal Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA).
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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
Developing a Collection Procedure and Structure to Avoid Liability Downstream
- Proper Documentation and Consent Forms to Aid Recovery and Collections
- Proper Verbal Communications and Talk-off on Pre-Collect/Billing Files
- Proper Written Communications and Talk-Offs on Pre-Collect/Billing Files
Transferring Bad Debt to a Third-Party Debt Collector
- Collection Agreements and Effective HIPAA Business Associate Agreements
- What Information Should Be Communicated to a Debt Collector?
- Privacy Considerations in Sharing and Using PHI in Debt Collection Communications
- Providing the Debt Collector With Important Information for Effective Collections
Proper Disclosures Under the FDCPA
- Section 1692e(11) and the Mini-Miranda Warning
- Section 1692(c) Acquisition of Location Information
- Audio Recordings and the Use of Implied and Mutual Consent to Record
The Do's and Don'ts in Communication With Consumers
- Time Period Restrictions
- Handling Verbal Disputes
- Handling Verbal Cease and Desists and Implications With the TCPA
- Handling Notifications of Attorney Representation and Bankruptcy
Avoiding and Minimizing Claims of Harassment and Abuse
- Verbal Harassment and/or Abuse
- Frequency of Call Violations and the Winning Claims Under Section 1692d(5)
- Avoiding False and Misleading Representation Claims
- How to Handle Calls From a Debt Collection Law Firm or Lawyer
Using the Bona Fide Error Defense Under the FDCPA
- What Is an Effective Policy and Procedure to Avoid Telephone Call Violations
- Using Modern Technology to Avoid or Minimize Violations
- Presenting a Bona Fide Error Defense to a Jury or a Judge
- Overview of the CFPB Statistics of FDCPA Complaints
Defense and Compliance Strategies to Avoid or Lessen FDCPA Lawsuits
- Collection Letter Reviews
- Call Monitoring and/or Recording Equipment
- Enhancing Policies and Procedures
- Minimizing Damages
- Determining Actual Harm
Avoiding Liability Under the Telephone Consumer Protection Act
- Obtaining and Maintaining Documents to Prove Prior Express Consent
- What Is an ATDS and What Is Not an ATDS?
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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 November 20, 2020.
Call 1-866-352-9540 for further credit information.
- Arizona CLE 1.5
- 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 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
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.
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
Ernest H. (Skip) Kohlmyer, III, Esq., LL.M.
Zimmerman Kiser & Sutcliffe
- Shareholder in the law firm of Zimmerman Kiser & Sutcliffe
- Has been in private practice for 30 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 the past president of the Florida Collectors Association
- Certified as an arbitrator in international commercial litigation cases, including business litigation, commercial arbitration, and public entity defense litigation
- LL.M. Degree in transnational business operations with high honors, Lazarski University in Warsaw Poland; LL.M. Degree in global antitrust and economics, George Mason University, Antonin Scalia School of Law
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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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