All You Need to Know About the Fair Debt Collection Practices Act but Didn't Know to Ask
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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.
AuthorsKelly Knepper-Stephens, Stoneleigh Recovery Associates, LLC Ethan G. Ostroff, Troutman Sanders LLP
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
• Out of Statute Disclosures
• Glassine Envelopes
• Interest and Other Charges - Safe Harbor Language
• 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
• 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