The FDCPA Bible: Knowing Your Rights and Avoiding Litigation
|OnDemand Webinar||$219||Add to Cart|
Gain an understanding of the rules and limitations under the FDCPA and commonly litigated issues.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). This topic will discuss the latest laws and regulations pertaining to debt collection communications, whether by phone or through the mail. The information will address the best practices and procedures for such communications, to avoid common risks and pitfalls that lead to litigation exposure. The information will also address common claims and remedies for violations of the FDCPA relating to debt collection communications.
AuthorsEric M. Hurwitz, Stradley Ronon Stevens & Young, LLP Thomas F. Lucchesi, Stradley Ronon Stevens & Young, LLP
Communication Limitations and Requirements Under the Fair Debt Collection Practices Act (FDCPA)
• Overview of the FDCPA
- Who Is Covered by the Act?
- What Is a Communication Regulated by the Act?
• Initial Notice Requirements Required by §1692(g) of the FDCPA
• Communications and Disclosures to Third Parties, Including Restrictions When Seeking Location Information for the Debtor
• The Dangers of Leaving Voicemails
• Mail Disclosures - the Risks of Window Pane Envelopes and QR or Barcodes
• Discussion of Settlement Offers or Threats of Litigation on Time-Barred Debts
• Permissible Communications When the Debtor Is in Bankruptcy, or Has Received a Bankruptcy Discharge
• Disclosures Relating to the Accrual or Nonaccrual of Interest
• Recent Developments With the FDCPA's Statute of Limitations
Distinctions Between Telephone Consumer Protection Act (TCPA) and FDCPA Liability Related to Telephone Calls
• Brief Overview of the TCPA and the Types of Equipment Subject to the Act (an Automatic Telephone Dialing System [ATDS])
• Differences of Cease Requests Under the TCPA and FDCPA
• Types of Violations
- Time of Day
- Place of Employment
• Related State Laws