Defending FDCPA Claims Based on Collection Letters

The defects in collection letters form the primary basis of claims against debt collectors.

This topic will provide an overview of the typical claims that are brought against debt collectors pursuant to the Fair Debt Collection Practices Act and the best defenses against such claims; a discussion of recent cases involving claims emerging from the language and format used in collection letters; and practical do's and don'ts to avoid common FDCPA violations.

Learning Objectives:

• You will be able to discuss specific claims and defenses under sections 1692d, 1692e, 1692f and 1692g.
• You will be able to identify risks of exposure to potential class action claims.
• You will be able to explain survey of recent FDCPA decisions and emerging trends.
• You will be able to review avoiding common FDCPA violations.

This Live Webinar Covers These Hot Issues:

• Is There a Perfect Form Letter? Overview of Typical Claims Arising From Collection Letters
• Specific Claims and Defenses Under Sections 1692d 1692e, 1692f and 1692g
• Risks of Exposure to Potential Class Action Claims
• Survey of Recent FDCPA Decisions and Emerging Trends
• Best Practices: Avoiding Common FDCPA Violations

Credit Information (Sponsored by Lorman Education Services)

• CLE
• CPE
• NASBA

For Detailed Credit Information page click here

Only registered attendee will receive continuing education credit.

Faculty

Barbara Fernandez, Hinshaw & Culbertson LLP

• Partner in the Miami office of Hinshaw & Culbertson LLP and a member of the firm’s Consumer Financial Services Practice Group
• A litigator who focuses much of her practice in the area of consumer and class action litigation and is recognized for efficiently resolving litigation disputes involving consumer claims
• In the consumer and class action litigation arena, she has successfully handled complex claims for her clients, including individual and class action claims arising from the application of the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), Truth-in-Lending Act (TILA), and state consumer protection laws
• Has trained clients in the consumer lending industry regarding compliance with the FDCPA, FCRA and TCPA
• Was selected as one of South Florida Business Journal’s 40 Under 40, which recognizes South Florida’s brightest up-and-coming professionals under 40 years of age for their professional success and community involvement
• J.D. degree, University of Miami; B.A. degree, cum laude, Florida International University

Concepcion A. Montoya, Hinshaw & Culbertson LLP

• Partner with Hinshaw & Culbertson LLP
• Brings more than 17 years of trial and litigation experience to her practice, specifically consumer defense and employment law
• Widely recognized for successful strategies that resolve litigation disputes involving consumer defense claims and employment law
• Has designed and conducted training workshops for clients in the consumer lending industry regarding compliance with the FDCPA, FCRA, and TCPA and regulations promulgated by the Consumer Federal Protection Bureau (CFPB)
• Was awarded Legal Rookie of the Year 2000 to 2001, for demonstration of outstanding performance, promise, dedication, a solid work ethic, constructive attitude, and willingness to contribute to a positive work environment
• In 2004, received the Municipal Affairs Award for outstanding achievement in the New York City Law Department, from the Municipal Affairs Committee of the Association of the Bar of the City of New York
• J.D. degree, Brooklyn Law School; B.A. degree, New York University