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Product ID: 404944EAU
 
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New Technology and the Fair Debt Collections Practices Act

OnDemand Webinar (64 minutes)

Make sure your debt collection practices are compliant with the FDCPA.

Gain important knowledge and learn up-to-date information regarding the interplay between the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act and the use of new technology in contacting debtors. We will cover the use of voicemails, caller ID, emails, text messages and faxes, and discuss recent case law addressing the application of this technology to the debt collection industry. Learn how the statute is being interpreted and applied by the courts to the new technology available to the industry.

Authors

Nicholas D. Krawec, Esq., Bernstein-Burkley, P.C. Raymond P. Wendolowski Jr., Esq., Bernstein-Burkley, P.C.

Agenda

Fair Debt Collections Practices Act (FDCPA) - Overview

• Important Elements

- Violation Notice

- Mini-Miranda Warning

- Jurisdictional Considerations

- Ceasing Communications

• Debt Contract

- Telephone and Written Contract With Debtor

• Fair Credit Extension Uniformity Act

Telephonic Communication - Telephone Consumer Protection Act

• Application to Debt Collection

• Express Consent

• Damages of Statute of Limitation

• Willfully or Knowingly

• Communicating via Cell Phone

• Auto-Dialers

• Frequency of Calls

- Potential Violations

- Case Law

• Voicemail

- Inherent Tension

- Conflicting Sections of FDCPA on Voicemails

- Past Practice

- Changing Practice

- Case Law

• Caller ID

Electronic Communication

• Email

• Text Messages

Social Media

• Issues and Case Law

• Facebook®

• Linkedin® and Twitter®