FDCPA Top Challenges: Pitfalls in Written Debt Collection Communications

$195.00

Live Broadcast on July 20, 2018

CLE Credits earned: 2 GEN

Third party debt collectors and especially, collection lawyers are consistent and open targets for claims under consumer protection statutes. Poorly drafted written communications between the debt collector and the consumer could produce costly litigation. This seminar will address problematic areas for debt collectors under the FDCPA and TCPA regarding written communications and required disclosures and 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 draft compliance FDCPA Dunning Letters
•   How to Comply with Disputes and Verification Requests
•   Avoiding False Misleading or Deceptive Representations in Written Communications

Date / Time: July 20, 2018

•   10:00 am – 12:00 pm Eastern
•   9:00 am – 11:00 am Central
•   8:00 am – 10:00 am Mountain
•   7:00 am – 9:00 am 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. The “Mini-Miranda” Warning – Top Challenges
a) Does the “Mini-Miranda” Warning Include the Right Words?
b) Top Dangers Attorneys Face When Drafting the Letter
c) Discussing the “Mini-Miranda” Warning via Phone – Top Pitfalls
d) Challenges with Contacting Third Parties

Section II. Debtor Cease and Desist Request Pitfalls to Avoid
a) Cease and Desist Letter Hidden Dangers for Debtors
b) Top Debtor Rights Under the FDCPA Overlooked by Creditors
c) Restrictions on Written Communications/Letters: What Debt Collectors Need to Avoid
d) When a Debt Collector Ignores a Cease and Desist LetterAttempts to Collect Debts Not Owed/”Phantom Debts”

Section III. Verifying Debt and False, Deceptive and Misleading Representation Dangers
a) Debt Verification Requirements – Are you Following Them?
b) Debt Validation Letter – Why it Can Land You in Hot Water
c) Confusion Regarding Debt Validation vs. Debt Verification Letters
d) Disclosure About Debt
e) False Statements
f) Debtor Rights Under the FDCPA Regarding Verification of Debt
g) Threats to Arrest Debtors, File Lawsuits and Garnish Wages (Taking/Threatening an Illegal Action)