All You Need to Know About the Fair Debt Collection Practices Act but Didn't Know to Ask

Learn as much as you can about current Fair Debt Collection Practices Act (FDCPA) litigation and compliance best practices, including how you can avoid making mistakes that result in a lawsuit.

Discuss the newest cases interpreting the FDCPA, how federal and state regulators interpret and enforce the FDCPA provisions, about its intersection with other statutes, like the Fair Credit Reporting Act and the Electronic Fund Transfer Act, and how you can collect more money while following the law. Stay up-to-date on the consent orders entered into by the CFPB and State Attorneys General and how you should shape your collections in light of these agreements.

Failing to properly train collectors is a top reason companies get sued. Don't let this happen to you. Learn as much as you can about what constitutes a violation of the FDCPA and how you can avoid making those mistakes by updating your compliance management system.

This topic analyzes the hot-button issues facing the accounts receivable management industry from both a compliance and litigation-management perspective and focuses on popular individual and class-action claims.

Learning Objectives:

• You will be able to describe areas of increased litigation under the FDCPA.
• You will be able to discuss the recent Consent Orders entered into by the CFPB with three of the largest industry participants.
• You will be able to identify gaps in your compliance management system and implement updates.
• You will be able to recognize when payments from consumers must be handled in compliance with the EFTA.

This Live Webinar Covers These Hot Issues:

Does the FCDPA Cover Your Collection Model?

• What Debts Are Covered Under the Act?
• Who Is a Debt Collector Under the Act and According to the CFPB?

The Materiality Requirement for FDCPA Violations Recent CFPB Consent Orders

• PRA, Encore, Chase

Letters

• Out of Statute Disclosures
• Glassine Envelopes
• Overshadowing
• 1099-C
• Interest and Other Charges – Safe Harbor Language

Phone Conversations

• Mini-Miranda
• Oral Disputes
• What Really Constitutes Harassment?
• Dealing With Cease and Desist
• Understanding Legal Action and Further Action
• Dealing With Debtors Who Throw the FDCPA at You

FDCPA Intersection With the FCRA

• Reporting the Debt to the Credit Bureaus
• Skip Tracing Under the Act
• Multistate Settlements by Consumer Reporting Agencies With 32 State Attorneys General

FDCPA Intersection With the EFTA

• Electronic Fund Transfers
• Check-by-Phone
• Postdated Check Notice

TCPA and Collections

• FCC's July 10 Declaratory Ruling and Order
• Petitions for Review in the U.S. Court of Appeals for the District of Columbia

Preparing for the Class Action

• Client Contracts
• Policies, Procedures, and Compliance Management Systems
• Bona Fide Error
• Insurance Coverage
• Offers of Judgment and Motions to Strike
• Understanding Exposure

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

Kelly Knepper-Stephens, Stoneleigh Recovery Associates, LLC

• General counsel and chief compliance officer at Stoneleigh Recovery Associates, LLC
• Practice emphasizes all aspects of government regulation, compliance, and civil litigation; advising on the FDCPA, FCRA, TCPA, GLBA, HIPAA, and other federal and state regulations
• Conducts seminars and workshops regarding FDCPA, TCPA, HIPAA, ethics and professional responsibility
• Member and Certified Receivables Compliance Professional of Debt Buyer’s Association International; member MAP Attorney Program and Credit & Collection Compliance Officer designation of the American Collectors Association; member InsideARM Compliance Professional’s Forum
• Named one of the Top 25 Women in Collections by Collection Advisor magazine in 2016
• Barred in California, D.C., Illinois and Maryland
• J.D. degree, George Washington University Law School
• Can be contacted at 630-396-8087 or kstephens@stoneleigh.biz

Ethan G. Ostroff, Troutman Sanders LLP

• Trial lawyer with Troutman Sanders LLP whose practice emphasizes all aspects of the consumer financial services industry, in which he represents debt buyers, debt collectors, law firms, national, regional and local banks, consumer reporting agencies, and other related consumer finance entities in federal and state consumer litigation, including claims under the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), Electronic Fund Transfer Act (EFTA), Equal Credit Opportunity Act (ECOA), other federal and state statutes, and common law; regularly counsel clients on compliance issues, with a focus on the FDCPA, FCRA and EFTA
• Counsel to one of the world’s largest debt buyers and for a national collection agency, for whom he handles individual and class action threats and lawsuits, as well as a range of compliance questions, arising under the FDCPA, FCRA, TCPA and related state laws
• Selected as a Rising Star in Consumer Law by Law & Politics' Virginia Super Lawyers magazine (2012 to 2015) and named to Virginia Business magazine’s Legal Elite Under 40 (2009, 2014 to 2015), and in appellate law (2011 to 2013)
• Presenter, “Debt Collectors and Federal Regulators: Recent Developments with the CFPB, FTC and FCC,” Virginia Creditors Bar Association, Sixth Annual Collections Seminar, Williamsburg, VA, October 8, 2015
• Speaker, “The Devil in the Details: High Risk FCRA Reporting Issues for Furnishers,” The Association of Credit and Collection Professionals 2015 International Annual Convention and Expo (ACA), Boston, MA, July 20, 2015
• Presenter, “Navigating Risks, Threats, and Lawsuits in the Credit and Collection Industry Live Webinar” Lorman Education Services, Aug. 27, 2014; “CFPB, FTC, State Regulators and Compliance,” Credit and Collection News Seminar, Atlanta, GA, Feb. 18-19, 2014
• Co-wrote, “CFPB Issues "Guiding Principles" for Financial Technology Payment Systems to Ensure Consumer Protections” TerraLex Connections, September 2015; co-wrote, "New York Announces Sweeping New Regulation of the Debt Collection Industry," TerraLex Connections, March 16, 2015; co-wrote, "Fourth Circuit Rules Debt Collector Violated "Call Charged" Section of TCPA for Using an ATDS to Call a Residential Landline," Terralex Connections, December 9, 2014; co-wrote, “TCPA Rule Changes are in Effect: Is Your Marketing Campaign Ready?” TerraLex Connections, January 2014
• Provides ongoing analysis and commentary on developments in consumer financial services industry through the Consumer Financial Services Law Monitor blog at www.cfslawmonitor.com
• Graduate, University of Virginia; graduate, Washington and Lee University School of Law, where he served on the board of appeals
• Can be contacted at 804-697-2202 or scott.kelly@troutmansanders.com