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Fundamentals of Debt Collections Law

Learn how to stay compliant when dealing with debt collection laws.

With both the Consumer Financial Protection Bureau (CFPB) and very active consumer protection plaintiff’s lawyers looking for money, third party debt collectors and especially, collection lawyers are consistent and open targets for claims debt collection abuses and non-compliance issues. Even nominal violations of the FDCPA or TCPA can lead to class action litigation and exposing debt collectors to exposure to large damages. This topic will provide you with the knowledge you need to navigate the dangers of collecting consumer debts and to provide you with collection techniques and strategies to reduce the risk of frivolous or harmful lawsuits.

Runtime: 70 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

The Alphabet Soup of Debt Collection Statutes: FDCPA, FCRA, and TCPA

  • Fair Debt Collection Practices Act (FDCPA)
  • Fair Credit Reporting Act (FCRA)
  • Telephone Consumer Protection Act (TCPA)

Defining Debt Collection Harassment and Deceptive Practices

  • Frequency of Telephone Contacts Under Section 1692d(5)
  • False and Misleading Representations in Letters and Talk-Offs
  • Compliance and Strategy Approaches to Litigation

How to Communicate With Consumers (Written, Telephonic and Electronic)

  • Mandatory Disclosures
  • Auto-Dialers
  • Correct and Compliant Correspondence
  • Texting, E-Mails and Social Media

"Meaningful Involvement" of Lawyers in Collection Litigation

  • Review of CFPB Enforcements Actions Against Collection Lawyers

Defending FDCPA and TCPA Litigation

  • Documentation and Use of Bona Fide Error Defense
  • "Prior Express Consent" Defense
  • Mitigation of Liability and Damages
  • Settlements and Offers of Judgment

Ethical Considerations for Collection Attorneys

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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 May 2, 2018.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.0 including Ethics 0.5
     
  • Alaska attorneys may receive 1.0 hours of continuing legal education, including 0.50 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 1.2 including Ethics 0.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.2 hours' credit, including 0.5 hours of ethics credit.
     
  • Arizona CLE 1.0 including Ethics 0.5
     
  • 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 1.0 hours toward your annual CLE requirement for the State Bar of Arizona, including 0.50 hours of professional responsibility.
     
  • CA MCLE 1.0 including Ethics 0.5
     
  • 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, of which includes 0.50 hours of ethics credit.
     
  • CO CLE 1.0 including Ethics 0.6
     
  • This program may qualify for 1.0 credit hours including 0.6 hours of ethics credit 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 including Ethics 0.5
     
  • 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) including 0.50 hour(s) of ethics credit.
     
  • 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 including Legal Ethics 0.5
     
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board. The Illinois Commission on Professionalism has also approved this course for the following credit: Legal Ethics for 0.50 hours.
     
  • ME CLE 1.0 including Ethics 0.5
     
  • 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 including 0.50 ethics hours under M. Bar R. 12.
     
  • MS CLE 1.2
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.2 credit hours.
     
  • MT CLE 1.0 including Ethics 0.5
     
  • This program has been approved by the Montana Board of Continuing Legal Education for a total of 1.0 CLE credits, which includes 0.50 hours of ethics credit.
     
  • ND CLE 1.25 including Ethics 0.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.25 hours of CLE credit, including 0.50 hours of ethics credit.
     
  • NH MCLE 1.2
     
  • 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: 70 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 including Ethics 0.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours, including 0.50 hours of ethics credit.
     
  • NY CLE 1.0 including Ethics and Professionalism 0.5; Areas of Professional Practice 0.5
     
  • 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 Ethics and Professionalism for 0.50 hours and Areas of Professional Practice for 0.50 hours. 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 credit for established attorneys only. 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 including Ethics 0.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours including 0.50 hours of ethics, professionalism or substance abuse CLE credit.
     
  • RI CLE 1.0 including Ethics 0.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit, including 0.50 hours of ethics credit.
     
  • TN CLE 1.17 including Dual 0.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.17 hours of credit, including 0.50 hours of dual credit.
     
  • VT CLE 1.0 including Ethics 0.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hours of self-study CLE credit, including 0.50 hours of ethics.
     
  • WA CLE 1.25
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.25 hours of A/V credit under the Law & Legal Procedure category.
     
  • 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 including Ethics 0.6
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.2 MCLE hours, including 0.6 hours of ethics credit.
     
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

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

MP3 Download

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

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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

Ernest (Skip) H. Kohlmyer, III

Ernest (Skip) H. Kohlmyer, III

Shepard, Smith, Kohlmyer & Hand, P.A.

  • Shareholder with the law firm of Shepard, Smith, Kohlmyer & Hand, P.A. in Orlando, Florida
  • Has served as corporate counsel for an Atlanta based collection agency
  • Private practice for 21 years defending debt collectors against FDCPA, FCRA, TCPA litigation and has represented corporations, collection agencies, debt buyers, and credit reporting agencies in other compliance related matters
  • Practice focuses primarily on insurance defense and international commercial litigation cases, including business litigation, commercial arbitration, and public entity defense litigation
  • Member of the Florida Bar, the State Bar of Georgia, and is a New York Bar Candidate
  • Member of the Association of Credit and Collection Professionals (ACA International), serving in leadership positions and speaking regularly at industry and continuing legal education conferences
  • LL.M degree, in International law and business and is certified as an arbitrator in international commercial litigation cases, including business litigation, commercial arbitration, and public entity defense litigation
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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.

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

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Additional benefits include:

  • State Specific Credit Tracker
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* For audio recordings you only pay shipping

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

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Product ID: 403628
Published 2018
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