Debt Collection Telephone Calls: FDCPA & TCPA Compliance and Best Practices


Re-Broadcast on September 7, 2017

The material presented in this presentation is intended to provide the audience with an overview of some of the key areas of compliance regarding a third party debt collector’s use of debt collection communications via the telephone. Recently, the collection industry has been confronted by increasing regulatory oversight and enforcement actions by the Consumer Financial Protection Bureau (“CFPB”), as well as an awaking of the Federal Trade Commission (“FTC”) and Federal Communication Commission (“FCC”) which also regulate the industry’s use of telephonic communications directed toward the consumers/debtors and other third parties. The presentation will concentrate on the CFPB’s recent directives relating to the industry’s compliance with the Federal Debt Collection Practices Act (“FDCPA”) and the Telephone Consumer Protection Act (“TCPA”).

Key topics to be discussed:

  • Fair Debt Collection Practices Act: What You Need to Know
  • Telephone Consumer Protection Act: What You Need to Know

Date / Time: September 7, 2017

  • 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

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skip-kohlmyerErnest H. “Skip” Kohlmyer, III, Esq., LL.M is a Shareholder of Urban Thier & Federer, P.A and is the managing shareholder of the firm’s Atlanta office. He travels frequently between the firm’s Atlanta and Orlando office.

Mr. Kohlmyer’s practice focuses primarily on insurance defense litigation relating to the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and the Telephone Consumer Protection Act (TCPA), as well as other civil and business litigation and transactional matters. Furthermore, he is representing collection agencies, debt buyers, and credit reporting agencies.

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

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Section I. Fair Debt Collection Practices Act
a) Persons and Transactions Covered
b) Covered Communications
c) How to Comply With the Act
        i. False, Deceptive and Misleading Representations Prohibited
        ii. Unfair or Unconscionable Collection
        iii. Telephone Disclosures and Messages
        iv. Frequency and Call Recording
        v. Handling “Cease and Desist” and “Attorney Representation Notifications”
        vi. Foti and Zortman Messages
        vii. Recent Developments

Section II. Telephone Consumer Protection Act
a) Persons and Transactions Covered
b) Covered Communications
c) How to Comply with the Act
        i. Establishing and Demonstrating “Prior Express Consent”
        ii. What is an ATDS?
        iii. Standing as an Owner/Subscriber?
        iv. Cell Phone Scrubbing
        v. Statutory Damages and Damage Mitigation
        vi. Recent FCC Rulings