Gain an understanding of the rules and limitations under the FDCPA and commonly litigated issues.
Debt collectors remain at the center of litigation and regulatory scrutiny, and this scrutiny is likely to increase as a result of current economic conditions. Collectors are subject to extensive rules and limitations on communications with debtors and third parties under the Fair Debt Collection Practices Act (FDCPA). This topic will discuss the latest laws and regulations pertaining to debt collection communications, whether by phone or through the mail. The information will address the best practices and procedures for such communications, to avoid common risks and pitfalls that lead to litigation exposure. The information will also address common claims and remedies for violations of the FDCPA relating to debt collection communications.
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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
Communication Limitations and Requirements Under the Fair Debt Collection Practices Act (FDCPA)
- Overview of the FDCPA
- Who Is Covered by the Act?
- What Is a Communication Regulated by the Act?
- Initial Notice Requirements Required by ยง1692(G) of the FDCPA
- Communications and Disclosures to Third Parties, Including Restrictions When Seeking Location Information for the Debtor
- The Dangers of Leaving Voicemails
- Mail Disclosures - the Risks of Window Pane Envelopes and Qr or Barcodes
- Discussion of Settlement Offers or Threats of Litigation on Time-Barred Debts
- Permissible Communications When the Debtor Is in Bankruptcy, or Has Received a Bankruptcy Discharge
- Disclosures Relating to the Accrual or Nonaccrual of Interest
- Recent Developments With the FDCPA's Statute of Limitations
Distinctions Between Telephone Consumer Protection Act (TCPA) and FDCPA Liability Related to Telephone Calls
- Brief Overview of the TCPA and the Types of Equipment Subject to the Act (an Automatic Telephone Dialing System [ATDS])
- Differences of Cease Requests Under the TCPA and FDCPA
- Types of Violations
- Volume
- Time of Day
- Place of Employment
- Related State Laws
- Damages
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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 February 27, 2024.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education, including hours of ethics credit 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.
- IL CLE 1.0
- This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
- IN CLE 1.0
- This program has been approved by the Indiana Commission on Continuing Legal Education. Participating attorneys are eligible to receive up to 1.0 hours of Distance Education credit.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- MS CLE 1.0
- This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.0 credit hours.
- 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: 60 Minutes.
- NJ CLE 1.2
- This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.2 hours of total CLE credit.
- NM CLE 1.0
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- NY CLE 1.0 including Areas of Professional Practice 1
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- OH CLE 1.0
- This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.0 CLE credit hours. Please note: No more than twelve (12) hours of self-study CLE credit for any biennial reporting period may be earned by an Attorney or Judge under Regulation 409.2. To fulfill CLE requirements for self-study, web-based programs, you must complete 100% of the polling questions during the program. Your hours will be filed electronically within thirty (30) business days by Lorman Education Services provided you fulfilled 100% attendance and polling questions answered.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- 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.
- TN CLE 1.0
- This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.0 hours of 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".
- WI CLE 1.0
- This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
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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- AK CLE 1.0
- Arizona CLE 1.0
- CA MCLE 1.0
- CT CLE 1.0
- HI CLE 1.0
- MO CLE 1.2
- NJ CLE 1.2
- NM CLE 1.0
- NY CLE 1.0 including Areas of Professional Practice 1
- VT CLE 1.0
- WV MCLE 1.2
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
Walter J. Buzzetta
Stradley Ronon Stevens & Young, LLP
- Counsel, Stradley, Ronon, Stevens & Young, LLP
- Practice focused on defending financial institutions from claims arising out of nearly every type of consumer and commercial financial product
- Litigates consumer lending and financial services cases nationwide, with a primary focus on defending claims under the FDCPA, FCRA, TILA, TCPA, ECOA, and 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 single-plaintiff lawsuits and arbitrations as well as 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 [email protected] or 202-507-6407
Adam M. Kaplan
Stradley Ronon Stevens & Young, LLP
- Counsel, 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.
- Advises clients on regulatory compliance, risk assessment, and advises on enforcement actions and investigations.
- 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.
- B.A. Northwestern University
- J.D., Rutgers Law School
- Contact information [email protected] or 202-505-5155
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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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