Understand the latest laws, strategies, and ethical challenges concerning communications with borrowers and debtors.
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 stemming from the COVID-19 pandemic. Collectors are subject to extensive rules and limitations on communications with debtors and third parties under the Fair Debt Collection Practices Act (FDCPA) and Telephone Consumer Protection Act (TCPA). The applicable rules of professional conduct also impose limits on the ethical actions an attorney can take in seeking to collection to debts. This topic will discuss the ethical rules applicable to debt collection, as well as the latest laws and regulations pertaining to debt collection communications, whether by phone or through the mail. The program will address the best practices and procedures for such communications, to avoid common risks and pitfalls that lead to violations. The topic will also address common claims and remedies for violations of the FDCPA and TCPA relating to debt collection communications.
• You will be able to describe the ethical rules implicated when collecting debts and communicating with debtors.
• You will be able to discuss the latest laws, strategies, and ethical challenges concerning communications with borrowers and debtors.
• You will be able to explain the limitations, liability risks, and ethical pitfalls facing collectors under the FDCPA and TCPA.
• You will be able to review the ethical obligations applicable to individuals and firms who collect debts.