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FDCPA Compliance for the Indiana Practitioner  

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This practical basic-to-intermediate level seminar is designed primarily for attorneys.

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Seminar Summary:

Collect What's Owed - Legally and Effectively (see full course description)

 

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Training Course Syllabus:


Collect What's Owed - Legally and Effectively

There isn’t any magic or luck involved in collections practice, but there are definite dos and don'ts. If you are trying to collect a debt, you will be held accountable to standards set forth in the Fair Debt Collection Practices Act. If you follow the guidelines, you have the chance to maximize your results in collecting. If you don't follow them, you may end up with greater problems than "not collecting," like liability much greater than the original debt.

This program will provide you with vital information regarding the Fair Debt Collection Practices Act, including which persons and transactions are covered. Learn what you need to do to comply with and how to handle special ethical issues. Finally, come away with strategies for handling the FDCPA lawsuit.

Don't risk exposure to liability. Make sure you understand the FDCPA:

  • Uncover the history and purpose behind the Fair Debt Collection Practices Act
  • Find out where the Fair Credit Reporting Act and the FDCPA conjoin
  • Learn who is specifically excluded from the term "debt collector"
  • Discuss requirements governing communication with a debtor
  • Target which actions are required of a debt collector
  • Understand the mandated disclosures written for the "least sophisticated consumer"
  • Determine who has jurisdiction over private civil actions under the FDCPA
  • Assess the debt collector's defenses and counterclaim options
  • Discuss ethical considerations like candor with the tribunal
  • Get an in-depth understanding of damages
  1. OVERVIEW OF THE FAIR DEBT COLLECTION PRACTICES ACT
    Peter A. Velde, 9:00 - 9:45
    1. History of the Act
    2. Purpose of the Act
    3. Legislative History
    4. Language of the Act
    5. Conjunction of the Fair Credit Reporting Act and the FDCPA
  2. PERSONS AND TRANSACTIONS COVERED
    Peter A. Velde, 9:45 - 10:30
    1. Persons Who Must Comply as “Debt Collectors”
    2. Persons Specifically Excluded From the Term “Debt Collector”
    3. Transactions Covered by the Act
    4. Transactions Not Covered by the Act
  3. HOW TO COMPLY WITH THE ACT
    Steven J. Halbert, 10:45 - 12:00
    1. FDCPA Requirements Regarding Communication With a Debtor
    2. Actions Required of the Debt Collector
    3. False, Deceptive and Misleading Representations Prohibited
    4. Unfair or Unconscionable Collection
    5. Verification of a Debt
    6. Heintz v. Jenkins 115 S. Ct. 1489 (1995) and its Impact on Attorneys
    7. Furnishing Deceptive Forms
    8. 'Mini-Miranda" Warning
    9. Mandated Disclosures Written for the "Least Sophisticated Consumer"
    10. Recent Developments
  4. THE FDCPA LAWSUIT
    Steven J. Halbert, 1:00 - 2:00
    1. State and Federal Jurisdiction Over Private Civil Actions Under FDCPA
    2. Evaluation of Cases and Formulation of Strategy
    3. Debt Collectors Defenses and Counterclaims
    4. Class Actions Lawsuits
    5. Venue Where Case May Be Filed
  5. ETHICAL CONSIDERATIONS AND THE FDCPA
    Jeffrey M. Bellamy, 2:00 - 3:00
    1. Fees
    2. Candor With the Tribunal
    3. Dealing With the Unrepresented Person
    4. Unauthorized Practice of Law
    5. Harassment
  6. DAMAGES
    Jeffrey M. Bellamy, 3:15 - 4:30
    1. Statutory Damages
    2. Actual Damages
    3. Attorneys' Fees
    4. Class Damages
    5. Injunctive Relief
    6. Punitive Damages

Agendas and Speakers may differ slightly depending on the location. Please e-mail or call a representative to obtain an agenda for a particular location.

Seminar Summary:

Collect What's Owed - Legally and Effectively (see full course description)

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