FDCPA Top Challenges: Pitfalls in Telephonic Debt Collection Communications


CLE Credits earned: 2 GENERAL (or 2 LAW & LEGAL for WA state)

Third party debt collectors and especially, collection lawyers are consistent and open targets for claims under consumer protection statutes. Oral communications between the debt collector and the consumer could expose the debt collector to costly litigation. This seminar will address problematic areas for debt collectors under the FDCPA and TCPA regarding telephonic communications including required disclosures. The seminar will cover other compliance and defense issues to allow debt collectors to successfully collect debt obligations and reduce the risk of frivolous or harmful lawsuits.

This course is co-sponsored by the Federal Bar Association.

Key topics to be discussed:

•   How to properly communicate with consumers via telephone
•   Avoiding FDCPA harassment claims
•   Handling Disputes and “Cease and Desist” Requests
•   How to avoid TCPA liability in communicating with consumers

Date / Time: January 22, 2019

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

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Original Broadcast Date: July 20, 2018

Ernest H. “Skip” Kohlmyer, III, Esq. is a Shareholder with the law firm of Shepard, Smith, Kohlmyer & Hand, P.A. Mr. Kohlmyer’s practice focuses primarily on insurance defense and international commercial litigation cases, including business litigation, commercial arbitration, and public entity defense litigation. Mr. Kohlmyer also is highly experienced in litigation relating to the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and the Telephone Consumer Protection Act (TCPA), representing corporations, collection agencies, debt buyers, and credit reporting agencies. A large number of his clients and primary focus of his experience is representing national medical billing and collection entities. Mr. Kohlmyer regularly represents some of the largest healthcare organizations in the State of Florida and has presented seminars at AAHAM and NHCA conferences.

Mr. Kohlmyer is a member of the Florida Bar, the State Bar of Georgia, the New York Bar Association and is admitted to practice before the Supreme Court of the United States, Eleventh Circuit Court of Appeals, United States Court of Appeals for the District of Columbia, United States Court of International Trade and the federal district courts within the State of Florida and the Northern and Middle Districts of Georgia. He is a member of the Association of Credit and Collection Professionals (ACA International), serving in leadership positions and speaking regularly at industry and continuing legal education conferences.

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Section I. Difficulties in Communicating with Consumers
a) The “Least Sophisticated Consumer” Standard – Hidden Dangers and Debtor Rights Under the FDCPA
b) Spanish-Speaking Consumer Difficulties
c) Top Communication “Tactics” Used by Creditors That Lands Them in Hot Water
d) Dealing with Consumer “Stalls” While Remaining Compliant
e) Problems When Discussing Litigation with the Consumer
f) Complications When Communicating with Third Parties

Section II. Debt Collection Telephone Call Troubles
a) Debt Collection Calls at Work
b) Vocabulary and Language in Collector Talk-Offs
c) Leaving Messages and Other Technology-Related Complexities
d) Third-Party Disclosure Issues
e) Excessive Phone Calls
f) Threats of Violence, Harm or Arrest
g) Anonymous Phone Calls
h) Contact with Family Members

Section III. Complying with the Telephone Consumer Protection Act (TCPA)
a) What is an ATDS?
b) Establishing Prior Express Consent
c) Handling Written and Oral Revocations of Consent
d) Mitigation of Damages and Avoiding Willful Conduct allegations