FDCPA Top Challenges: Pitfalls in Written 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. 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: 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.

All Access Pass: Before you buy, access this class and all other myLawCLE programs, over 120 new live classes every year, for only $69 dollars per month. Purchase the All Access Pass first. Click here for more information.


SKU: N/A Categories: ,
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.

Accreditation Policy
myLawCLE seeks accreditation for all programs in all states. (Accreditation for paralegals sought thru NALA and NFPA paralegal associations.) Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.

Automatic MCLE Approvals
All myLawCLE CLE programs are accredited automatically either directly or via reciprocity in the following states: AK, AR, CA, CT, FL, HI, ME, MO, MT, ND, NH, NM, NJ, NY, WV, and VT. (AZ does not approve CLE programs, but accepts our certificates for CLE credit.)

Applied MCLE Approvals
myLawCLE seeks approval via application in all other states that are not automatically approved through myLawCLE’s state accreditation. (Some states may take up to 4 weeks to send in final accreditation, however attendees will receive accreditation according to the date the class was taken—the state of VA may take up to 12 weeks.)

Accreditation on Formats: Live Video Broadcasts, “Live” Re-Broadcasts and On-Demand CLEs

Live Video Broadcasts
Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except NV, OH, MS, IN, UT, PA, GA, and LA —these states require in-person attendance to qualify for “Live” CLE credit.

“Live” Re-Broadcasts
“Live” Re-broadcasts are replays of previous recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: NV, OH, MS, IN, UT, PA, GA, and LA]

On-Demand CLEs
On-demand CLE classes are available 24/7 via the myLawCLE portal. Attendance to these classes is monitored and recorded via our login process and a certificate of completion is issued upon the close of viewing the program. These CLEs can be viewed at anytime and only qualify for self-study CLE credits.

Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, HI, CT, FL, ME, MO, MT, ND, NH, NM, VT, NJ, NY, and WV. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

myLawCLE Credit Guarantee
Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.

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)