Description
Gain a better understanding of common claims and remedies for violations of the FDCPA and TCPA relating to consumer communications.Debt collectors, mortgage servicers, and finance companies remain at the center of litigation and regulatory scrutiny. Collectors are subject to extensive rules and limitations on communications with debtors and third parties under the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA). This course will discuss the latest laws and regulations pertaining to consumer communications, whether by phone or through the mail. This material will address the best practices and procedures for consumerdebtor communications and how to avoid common risks and pitfalls that are common in today’s environment. This course will address common claims and remedies for violations of the FDCPA and TCPA relating to consumer communications. This material will help borrowers, servicers, and debt collectors, understand this changing area of law.
Date: 2022-06-22 Start Time: End Time:
Learning Objectives
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 §1692(g) of the FDCPA
• Communications and Disclosures to Third Parties, Including Restrictions When Seeking Location Information for the Debtor, and the Impact of the Hunstein Decision
• The Dangers of Leaving Voicemails
• Mail Disclosures • the Risks of Window-Pane Envelopes and QR or Bar Codes
• Discussion of Settlement Offers or Threats of Litigation on Time-Barred Debts
• Permissible Communications When the Debtor Is in Bankruptcy or Has Received a Discharge
• Disclosures Relating to the Accrual or Non-Accrual of Interest
Collection Communications Limited by the Telephone Consumer Protection Act (TCPA)
• Overview of the TCPA and the Types of Equipment and Calls Subject to the Act
• Consent to Communicate With a Consumer Using an ATDS or Prerecorded Messages
• Revocation of Consent for Calls
• Damages
• Defenses
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Walter J. Buzzetta-Stradley Ronon Stevens & Young, LLP, Eric M. Hurwitz – Stradley Ronon Stevens & Young, LLP
