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

$195.00

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

 
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.

 

Clear

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.

CLE Accreditation:
mylawCLE seeks approval in all states except VA.

CLE 2.00 – AK
CLE 2.00 – AL
CLE 2.00 – AR
CLE 2.00 – AZ
CLE 2.00 – CA
CLE 2.40 – CO
CLE 2.00 – DE
CLE 2.40 – FL
CLE 2.00 – GA
CLE 2.00 – HI

CLE 2.00 – IA
CLE 2.00 – ID
CLE 2.00 – IL
CLE 2.00 – IN
CLE 2.00 – KS
CLE 2.00 – KY
CLE 2.00 – LA
CLE 2.00 – ME
CLE 2.00 – MN
CLE 2.40 – MO

CLE 2.00 – MP
CLE 2.00 – MS
CLE 2.00 – MT
CLE 2.00 – NC
CLE 2.00 – ND
CLE 2.00 – NE
CLE 2.00 – NH
CLE 2.40 – NJ
CLE 2.00 – NM
CLE 2.00 – NV

CLE 2.40 – NY
CLE 2.00 – OH
CLE 2.40 – OK
CLE 2.00 – OR
CLE 2.00 – PA
CLE 2.00 – PR
CLE 2.40 – RI
CLE 2.00 – SC
CLE 2.00 – TN
CLE 2.00 – TX

CLE 2.00 – UT
CLE N/A – VA
CLE 2.40 – VI
CLE 2.00 – VT
CLE 2.00 – WA
CLE 2.40 – WI
CLE 2.40 – WV
CLE 2.00 – WY

Accreditation Policy
myLawCLE will seek credit where attending attorneys are primarily licensed for all of its live webinars and live teleconferences, except in states which allow for reciprocity (see reciprocity section below). Credit for CLE in a self-study format is sought for in most states; however, some states do not allow for CLE credit to be earned in a self-study format (see the self-study section below). Many states typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. Credit hours granted are subject to approval from each state.

Reciprocity
Additionally, some 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, CO, FL, ME, MT, ND, NH, NJ, NY, PR, and SD. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

On-demand CLE
myLawCLE will seek on-demand approval in all states except Virginia and Arkansas (outside reciprocal provisions stated above).


myLawCLE Credit Guarantee
myLawCLE offers a program and credit approval guarantee. If a registered attendee is unhappy with a CLE program they have attended, myLawCLE will offer that attended access to another complimentary CLE or a full refund in order to insure the attendeeís satisfaction.

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. 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