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All You Need to Know About the Fair Debt Collection Practices Act but Didn't Know to Ask

Failing to properly train collectors is a top reason companies get sued.

Learn as much as you can about current Fair Debt Collection Practices Act (FDCPA) litigation and compliance best practices, including how you can avoid making mistakes that result in a lawsuit. Discuss the newest cases interpreting the FDCPA, how federal and state regulators interpret and enforce the FDCPA provisions, about its intersection with other statutes, like the Fair Credit Reporting Act and the Electronic Fund Transfer Act, and how you can collect more money while following the law. Stay up-to-date on the consent orders entered into by the CFPB and State Attorneys General and how you should shape your collections in light of these agreements. Failing to properly train collectors is a top reason companies get sued. Don’t let this happen to you. Learn as much as you can about what constitutes a violation of the FDCPA and how you can avoid making those mistakes by updating your compliance management system. This topic analyzes the hot-button issues facing the accounts receivable management industry from both a compliance and litigation-management perspective and focuses on popular individual and class-action claims.

Runtime: 67 minutes
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Why Lorman?

Over 31 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

Does the FCDPA Cover Your Collection Model?

  • What Debts Are Covered Under the Act?
  • Who Is a Debt Collector Under the Act and According to the CFPB?

The Materiality Requirement for FDCPA Violations

Letters

  • Out of Statute Disclosures
  • Glassine Envelopes
  • Overshadowing
  • 1099-C
  • Interest and Other Charges ??" Safe Harbor Language

Phone Conversations

  • Mini-Miranda
  • Oral Disputes
  • What Really Constitutes Harassment?
  • Dealing With Cease and Desist
  • Understanding Legal Action and Further Action
  • Dealing With Debtors Who Throw the FDCPA at You

FDCPA Intersection With the FCRA

  • Reporting the Debt to the Credit Bureaus
  • Skip Tracing Under the Act
  • Multistate Settlements by Consumer Reporting Agencies With 32 State Attorneys General

FDCPA Intersection With the EFTA

  • Electronic Fund Transfers
  • Check-by-Phone
  • Postdated Check Notice

TCPA and Collections

  • FCC's July 10 Declaratory Ruling and Order
  • Petitions for Review in the U.S. Court of Appeals for the District of Columbia

Preparing for the Class Action

  • Client Contracts
  • Policies, Procedures, and Compliance Management Systems
  • Bona Fide Error
  • Insurance Coverage
  • Offers of Judgment and Motions to Strike
  • Understanding Exposure
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Why Lorman?

Over 31 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 Webinar

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at ondemandinfo@lorman.com or call us at 866-352-9540.

This course was last revised on August 30, 2018.

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 1.1
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
     
  • 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 Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • CO CLE 1.0
     
  • This program may qualify for 1.0 credit hours through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • 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).
     
  • 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.
     
  • ME CLE 1.0
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit under M. Bar R. 12.
     
  • MT CLE 1.0
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.0 CLE credits.
     
  • 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 1.1
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 65 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.
     
  • 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 Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • 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 1.1
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.1 hours of credit.
     
  • VT CLE 1.0
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hours of self-study CLE credit.
     
  • WI CLE 1.0
     
  • This program has been approved by the Board of Bar Examiners for 1.0 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.2
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.2 MCLE hours.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE 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.

Audio & Reference Manual

  • Arizona CLE 1.0
     
  • CA MCLE 1.0
     
  • CT CLE 1.0
     
  • GA CLE 1.0
     
  • HI CLE 1.0
     
  • IL CLE 1.0
     
  • ME CLE 1.0
     
  • MT CLE 1.0
     
  • NJ CLE 1.2
     
  • NV CLE 1.0
     
  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • VT CLE 1.0
     
  • WA CLE 1.0
     
  • WV MCLE 1.2
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.0
     
  • CA MCLE 1.0
     
  • CT CLE 1.0
     
  • HI CLE 1.0
     
  • IL CLE 1.0
     
  • ME CLE 1.0
     
  • MT CLE 1.0
     
  • NJ CLE 1.2
     
  • NV CLE 1.0
     
  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • VT CLE 1.0
     
  • WA CLE 1.0
     
  • WV MCLE 1.2
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 31 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

Kelly Knepper-Stephens

Kelly Knepper-Stephens

Stoneleigh Recovery Associates, LLC

  • General counsel and chief compliance officer at Stoneleigh Recovery Associates, LLC
  • Practice emphasizes all aspects of government regulation, compliance, and civil litigation; advising on the FDCPA, FCRA, TCPA, GLBA, HIPAA, and other federal and state regulations
  • Conducts seminars and workshops regarding FDCPA, TCPA, HIPAA, ethics and professional responsibility
  • Member and Certified Receivables Compliance Professional of Debt Buyer’s Association International; member MAP Attorney Program and Credit & Collection Compliance Officer designation of the American Collectors Association; member InsideARM Compliance Professional’s Forum
  • Named one of the Top 25 Women in Collections by Collection Advisor magazine in 2016
  • Barred in California, D.C., Illinois and Maryland
  • J.D. degree, George Washington University Law School
  • Can be contacted at 630-396-8087 or kstephens@stoneleigh.biz
Ethan G. Ostroff

Ethan G. Ostroff

Troutman Sanders LLP

  • Trial lawyer with Troutman Sanders LLP whose practice emphasizes all aspects of the consumer financial services industry, in which he represents debt buyers, debt collectors, law firms, national, regional and local banks, consumer reporting agencies, and other related consumer finance entities in federal and state consumer litigation, including claims under the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), Electronic Fund Transfer Act (EFTA), Equal Credit Opportunity Act (ECOA), other federal and state statutes, and common law; regularly counsels clients on compliance issues, with a focus on the FDCPA, FCRA and EFTA
  • Counsel to one of the world’s largest debt buyers and for a national collection agency, for whom he handles individual and class action threats and lawsuits, as well as a range of compliance questions, arising under the FDCPA, FCRA, TCPA and related state laws
  • Selected as a Rising Star in Consumer Law by Law & Politics' Virginia Super Lawyers magazine (2012 to 2015) and named to Virginia Business
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Why Lorman?

Over 31 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.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

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  • MP3 Downloads
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  • Executive Reports
  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 404354
Published 2018
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