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60-minute live streaming program
  • August 30
  • 1:00 - 2:00 pm EST

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Audio & Reference Manual

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

August 30

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.

Learning Objectives

- You will be able to describe areas of increased litigation under the FDCPA.

- You will be able to discuss the recent Consent Orders entered into by the CFPB with three of the largest industry participants.

- You will be able to identify gaps in your compliance management system and implement updates.

- You will be able to recognize when payments from consumers must be handled in compliance with the EFTA.

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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

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

Live Webinar Registration

  • 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 State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. 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).
     
  • 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.
     
  • 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.
     
  • 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.
     
  • 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.
     
  • NH MCLE 1.0
     
  • 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: 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.
     
  • 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 1.0
     
  • 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.
     
  • VT CLE 1.0
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hours of CLE credit.
     
  • WA CLE 1.0
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of Law & Legal Procedure 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.
     
  • CPE 1.2 including Specialized Knowledge 1.2
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.2 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Specialized Knowledge for 1.2 hours. Prerequisite: . Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
     
  • Lorman Business Center, Inc. is a registered provider for CPA CPE through the State Education Department of New York, Sponsor number: 000640. The following course will carry the subject area of Specialized Knowledge and Applications for 1.0 hour.
     

Audio & Reference Manual

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

Who should attend?

This live webinar is designed for credit and collection managers, attorneys, lending professionals, presidents, vice presidents, branch managers, directors, controllers and accountants.

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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.

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 magazine’s Legal Elite Under 40 (2009, 2014 to 2015), and in appellate law (2011 to 2013)
  • Presenter, “Debt Collectors and Federal Regulators: Recent Developments with the CFPB, FTC and FCC,” Virginia Creditors Bar Association, Sixth Annual Collections Seminar, Williamsburg, VA, October 8, 2015
  • Speaker, “The Devil in the Details: High Risk FCRA Reporting Issues for Furnishers,” The Association of Credit and Collection Professionals 2015 International Annual Convention and Expo (ACA), Boston, MA, July 20, 2015
  • Presenter, “Navigating Risks, Threats, and Lawsuits in the Credit and Collection Industry Live Webinar” Lorman Education Services, Aug. 27, 2014; “CFPB, FTC, State Regulators and Compliance,” Credit and Collection News Seminar, Atlanta, GA, Feb. 18-19, 2014
  • Co-wrote, "CFPB Issues "Guiding Principles" for Financial Technology Payment Systems to Ensure Consumer Protections” TerraLex Connections, September 2015; co-wrote, "New York Announces Sweeping New Regulation of the Debt Collection Industry," TerraLex Connections, March 16, 2015; co-wrote, "Fourth Circuit Rules Debt Collector Violated "Call Charged" Section of TCPA for Using an ATDS to Call a Residential Landline," Terralex Connections, December 9, 2014; co-wrote, “TCPA Rule Changes are in Effect: Is Your Marketing Campaign Ready?” TerraLex Connections, January 2014
  • Provides ongoing analysis and commentary on developments in consumer financial services industry through the Consumer Financial Services Law Monitor blog at www.cfslawmonitor.com
  • Graduate, University of Virginia; graduate, Washington and Lee University School of Law, where he served on the board of appeals
  • Can be contacted at 757-687-7541 or ethan.ostroff@troutmansanders.com
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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.

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Product ID: 404354
Published 2017, 2018
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