Telephone Collections: Do's and Don'ts
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Stay up-to-date on recent compliance updates with telephone collections.
This topic is intended to provide you 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 regulates the industry's use of telephonic communications directed toward the consumers/debtors and other third parties. The topic 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).
AuthorsErnest H. (Skip) Kohlmyer III, Esq. LL.M., Shepard, Smith, Kohlmyer & Hand, P.A.
What Is a Communication Under the FDCPA?
• Section 1692(a)(1) Statutory Basis of Communication
• Foti V. NCO and Avoiding Section 1692e(11) Violations
• Zortman v. JC Christensen, Can You Leave a Message That Is Not a Debt Collection Communication?
• Hart v. Credit Control and the Viability of the Use of the Zortman Type Message
Proper Disclosures Under the FDCPA
• Section 1692e(11) and the Mini-Miranda Warning
• Section 1692(c) Acquisition of Location Information
• Audio Recordings and the Use of Implied and Mutual Consent to Record
The Do's and Don'ts in Communication With Consumers
• Time Period Restrictions
• Handling Verbal Disputes
• Handling Verbal Cease and Desists and Implications With the TCPA
• Handling Notifications of Attorney Representation and Bankruptcy
Avoiding and Minimizing Claims of Harassment and Abuse
• Verbal Harassment and/or Abuse
• Frequency of Call Violations and the Winning Claims Under Section 1692d(5)
• Avoiding False and Misleading Representation Claims
• How to Handle Calls From a Debt Collection Law Firm or Lawyer
Using the Bona Fide Error Defense Under the FDCPA
• What Is an Effective Policy and Procedure to Avoid Telephone Call Violations?
• Using Modern Technology to Avoid or Minimize Violations
• Presenting a Bona Fide Error Defense to a Jury or a Judge
• Overview of the CFPB Statistics of FDCPA Complaints
Telephone Consumer Protection Act (TCPA)
• What Is an Automatic Telephone Dialing System (ATDS)?
• Establishing and Proving Prior Express Consent
• Disproving an Oral Revocation
• Intentional or Willful Violations Under the TCPA
• Minimizing Damages