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Debt Collection Litigation Essentials: Pre-suit Strategies, Fair Debt Collection Practices Act Recent Developments, and Regulations

2025-04-24 14:00:00

2025-04-24 14:00:00

2 Credits

Comprehensive overview of FDCPA litigation strategies, Regulation F requirements, recent case developments, and Loper Bright’s impact on debt collection practices.

2025-04-24 14:00:00

Comprehensive overview of FDCPA litigation strategies, Regulation F requirements, recent case developments, and Loper Bright’s impact on debt collection practices.

2025-04-24 14:00:00

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Key topics that will be covered

What will you learn

Attorneys will learn pre-suit strategies, FDCPA and Regulation F developments, standing requirements after Spokeo and TransUnion, and the impact of Loper Bright on agency rulemaking.

What will you gain

Attorneys will gain practical techniques for effective negotiation, settlement, Rule 68 offers of judgment, and understanding key defenses including bona fide error and standing.

Pre-Suit Strategies
Factual development is critical in FDCPA and FCRA cases.
Standing Defense
Bare procedural violations are insufficient; plaintiffs must articulate concrete injuries.
Rule 68 Offers
Offers of judgment provide powerful leverage in fee-shifting statute cases.
Regulation F
New electronic communication rules and Model Form B-1 have generated litigation.
Loper Bright
Chevron deference eliminated; Regulation F provisions may face new challenges.
Attorney’s Fees
Fee-shifting provisions in FDCPA and FCRA must inform litigation decisions.

What will you learn

Attorneys will learn pre-suit strategies, FDCPA and Regulation F developments, standing requirements after Spokeo and TransUnion, and the impact of Loper Bright on agency rulemaking.

What will you gain

Attorneys will gain practical techniques for effective negotiation, settlement, Rule 68 offers of judgment, and understanding key defenses including bona fide error and standing.

Agenda

Session 1

Pre-Suit Strategies for Debt Collection Litigation

Session 2

Early Pleading Considerations and Offers of Judgment

Session 3

Break

Session 4

Discovery Processes Motions Practice and Appellate Issues

Session 5

FDCPA and Regulation F Developments Post-Loper Bright

clock 2:00 pm - 2:40 pm EST

Pre-Suit Strategies for Debt Collection Litigation

Louis J. Manetti Jr.

Troutman Pepper Locke LLP

This session explores the critical importance of early factual development in FDCPA and FCRA claims, emphasizing that these cases are highly fact-intensive and require detailed analysis of each alleged violation. Participants will learn effective negotiation and settlement techniques, including how attorney’s fee provisions under both statutes create unique dynamics that should inform every litigation decision.

Louis J. Manetti Jr.

Troutman Pepper Locke LLP

clock 2:40 pm - 3:00 pm EST

Early Pleading Considerations and Offers of Judgment

Louis J. Manetti Jr.

Troutman Pepper Locke LLP

This session covers strategic considerations for early-stage litigation, including when to file motions to dismiss, Article III standing defenses post-Spokeo and TransUnion, and the powerful bona fide error defense. Participants will also learn how Rule 68 offers of judgment can be leveraged in fee-shifting cases to significantly limit exposure and drive settlement outcomes.

Louis J. Manetti Jr.

Troutman Pepper Locke LLP

clock 3:00 pm - 3:10 pm EST

Break

Louis J. Manetti Jr.

Troutman Pepper Locke LLP

A brief intermission allowing participants to refresh before continuing with advanced debt collection litigation topics. Use this time to review materials and prepare questions for the remaining sessions.

Louis J. Manetti Jr.

Troutman Pepper Locke LLP

clock 3:10 pm - 3:30 pm EST

Discovery Processes Motions Practice and Appellate Issues

Louis J. Manetti Jr.

Troutman Pepper Locke LLP

This session examines discovery considerations unique to debt collection cases, including protective orders for confidential procedures and balancing factual support for defenses against disclosure concerns. Participants will also explore critical appellate considerations, including the risks of creating adverse regional precedent and the impact of attorney’s fees on appeal strategy.

Louis J. Manetti Jr.

Troutman Pepper Locke LLP

clock 3:30 pm - 4:10 pm EST

FDCPA and Regulation F Developments Post-Loper Bright

Louis J. Manetti Jr.

Troutman Pepper Locke LLP

This comprehensive session covers Regulation F’s modernization of debt collection practices, including the 777 rule for harassment, electronic communication requirements, and Model Form B-1 safe harbor provisions. Participants will analyze the Supreme Court’s Loper Bright decision eliminating Chevron deference and its significant implications for challenging Regulation F provisions that lack clear FDCPA statutory corollaries.

Louis J. Manetti Jr.

Troutman Pepper Locke LLP

01 05
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Louis J. Manetti Jr.

Troutman Pepper Locke LLP

Louis J. Manetti Jr.

Troutman Pepper Locke LLP

Louis provides comprehensive legal counsel to banks, lenders, servicers, and debt collectors, focusing his practice on navigating complex litigation and financial regulation matters with deep understanding of federal consumer protection statutes.

Experience

Louis has deep understanding of federal consumer protection statutes including RESPA, FCRA, TILA, TCPA, and FDCPA. He handles litigation involving state statutes such as the Illinois Mortgage Foreclosure Law (IMFL) and state consumer fraud and deceptive business practices statutes. He has significant experience defending class actions in these areas and advises clients on new small business lending regulations including the CFPB's Final Rule under section 1071 of the Dodd-Frank Act. He has extensive appellate advocacy experience, having written numerous appellate briefs and argued before the Illinois Supreme Court, U.S. Court of Appeals for the Seventh Circuit, and every district of the Illinois Appellate Court.

Louis J. Manetti Jr.

Troutman Pepper Locke LLP

Louis provides comprehensive legal counsel to banks, lenders, servicers, and debt collectors, focusing his practice on navigating complex litigation and financial regulation matters with deep understanding of federal consumer protection statutes.

Experience

Louis has deep understanding of federal consumer protection statutes including RESPA, FCRA, TILA, TCPA, and FDCPA. He handles litigation involving state statutes such as the Illinois Mortgage Foreclosure Law (IMFL) and state consumer fraud and deceptive business practices statutes. He has significant experience defending class actions in these areas and advises clients on new small business lending regulations including the CFPB's Final Rule under section 1071 of the Dodd-Frank Act. He has extensive appellate advocacy experience, having written numerous appellate briefs and argued before the Illinois Supreme Court, U.S. Court of Appeals for the Seventh Circuit, and every district of the Illinois Appellate Court.

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Special credits (Ethics, Elimination
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Why Attend

Why this 
program matters

Understanding FDCPA and Regulation F requirements is essential because violations expose practitioners to strict liability, substantial penalties, and fee-shifting provisions that magnify litigation risk.
208k
Debt collection complaints received by the CFPB in 2024, nearly double the approximately 109,900 complaints received in 2023.
70M+
Americans contacted by a creditor or debt collector about a debt in the previous 12 months, representing about one-third of consumers.
89%
Year-over-year increase in CFPB complaints filed in 2025 compared to 2024, with 302,133 total complaints filed against debt collectors.
$15B
Total annual revenue of the debt collection industry in the United States, with approximately 2,500 collection agencies operating nationwide.

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