IRS Form 1099, 1099-NEC, and Form 1099-MISC: Advanced Issues and Updates

FDCPA Claims Based on Collection Letters

$149.00

SKU: 410093

Description

Find out what you can and cant say in a collections letter to remain compliant with the Fair Debt Collection Practices Act.
Collection letters form the heart of any collection process. What can be included in these letters is intensely regulated under the FDCPA and interpretive case law. Poorly drafted, confusing, ambiguous, or misleading collection letters may create liability under the FDCPA, even if written with the best intentions. The FDCPA is a strict liability statute and is interpreted in favor of the consumerdebtor.
This presentation addresses many of the most problematic issues arising in collection letter practice that lead to claims, including the new rules promulgated in 2021 under Regulation F by the Consumer Financial Protection Bureau.

Date: 2023-01-31 Start Time: 1:00 PM ET End Time: 2:05 PM ET

Learning Objectives

* You will be able to describe the importance of carefully drafting validation of debt and other collection letters.

* You will be able to discuss outofstatute collection issues and the current state of the law.

* You will be able to explain the major problems in collection letters that lead to FDCPA claims and how to avoid them.

* You will be able to identify potential violations based upon addon fees, interest, and charges.

Introduction and Overview
• Collection Letters as the Source of FDCPA Claims
• The Magnitude of the Issue
• Class Action Claims Based on Letter Violations – Sections of the FDCPA Most Often Pled

Relevant FDCPA Provisions
• The Basis for FDCPA Letter Claims – 15 U.S.C. § 1692E
• The Basis for FDCPA Letter Claims – 15 U.S.C. § 1692F

Add-on Charges
• What Are Add-on Charges
• Why They Give Rise to Claims

Collection Letter Dos and Don’ts
• Validation of Debt Letters – 15 U.S.C. § 1692
• Language in Letters
• Safe Harbor
• Non-Threatening
• Settlement Offers
• Regulation F (12 CFR Part 1006)
• Subsequent Letters
• The Importance of the Current Debt Balance and How Delineated
• Out of Statute Debt

State Law and Time-Barred Debt
• Threatening Suit on Time-Barred Debt – a Violation of the FDCPA
• Interaction of State Law and the FDCPA
• Interpretation of Regulation F

CLE (Please check the Detailed Credit Information page for states that have already been approved) ,CPE ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Mark E. Ellis-Ellis Law Group, LLP