Consumer Protection Statutes and Pre-Judgment Collections
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Learn to take a proactive approach as creditors and debt collectors to become more efficient in the process of minimizing civil fines.Many creditors and debt collection companies engage in prejudgment collection activities without fully understanding what actions may expose them to liability under the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act and how best to avoid such liability while still effectively collecting the debt owed to them. This content will help creditors and debt collection companies to understand what consumer protection statutes apply to them, what actions could subject them to liability under those statutes, and the best practices for avoiding such liability. The material also explains recent case law affecting the application of these statutes and potential changes to these statutes in light of the current political climate, and is critical for creditors and debt collectors so they can maximize their effective collection activity while minimizing the risk of civil fines and damages.
AuthorsGennifer L. Bridges, Esq., Burr & Forman LLP
• Purpose of Seminar
• Pertinent Statutes
- Fair Debt Collection Practices Act (FDCPA)
- Telephone Consumer Protection Act (TCPA)
• Types of Debts/Accounts at Issue
• To Whom FDCPA Applies
- Debt Collector vs. Creditor
• Prohibited Acts
- Least Sophisticated Consumer Standard
- Harassment or Abuse
- False or Misleading Representations/Unfair Practices
• Collection of Time Barred Debt
• Other Required Actions or Restrictions on Collections Actions
- Contacts With Third Parties
- Initial Contact With Debtor
- Restrictions on Communications With Debtor
• Potential Liability
• To Whom TCPA Applies
- Autodialed Calls - What Does This Mean?
- ACA International Appeal
• Consent and Revocation
- What Constitutes Consent to Be Called?
- What Constitutes Revocation of Consent to Be Called?
• Potential Liability
Best Practices and Recommendations
• Points for Avoiding FDCPA Liability
• Points for Avoiding TCPA Liability
Potential Changes on the Horizon to Consumer Protection Statutes and Regulations
• Political Climate and Impact on Consumer Protection Issues