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Course Details

New Technology And The Fair Debt Collections Practices Act

Webinar: ID# 1018050
Recorded CD
Qty:
About This Course:
Gain important knowledge and learn up-to-date information regarding the interplay between the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and the use of new technology in contacting debtors.

We will cover the use of voicemails, caller ID, emails, text messages and faxes, and discuss recent case law addressing the application of this technology to the debt collection industry.

You also will learn how the statute is being interpreted and applied by the courts.

Agenda

Fair Debt Collections Practices Act (FDCPA) – Overview
  • Important Elements
  • Violation Notice
  • MiniMiranda Warning
  • Jurisdictional Considerations
  • Ceasing Communications
  • Debt Contract
  • Telephone and Written Contract With Debtor
  • Fair Credit Extension Uniformity Act
Telephonic Communication – Telephone Consumer Protection Act
  • Application to Debt Collection
  • Express Consent
  • Damages of Statute of Limitation
  • Willfully or Knowingly
  • Communicating Via Cell Phone
  • Auto-Dialers
  • Frequency of Calls
  • Potential Violations
  • Case Law
  • Voicemail
  • Inherent Tension
  • Conflicting Sections of FDCPA on Voicemails
  • Past Practice
  • Changing Practice
  • Case Law
  • Caller ID
Electronic Communication
  • Email
  • Text Messages
Social Media
  • Issues and Case Law
  • Facebook®
  • Linkedin® and Twitter®
About The Presenters

Nicholas D. Krawec, Esq.
  • Partner with Bernstein-Burkley, P.C.
  • Practices in the areas of commercial litigation, collection law and creditors’ rights
  • Written and spoken on many topics related to his areas of expertise
  • Listed as a Pennsylvania Super Lawyer, in the field of creditors’ rights since 2008, by Philadelphia Magazine
  • Certified by the American Board of Certification as a creditors’ rights specialist
  • J.D. degree, Duquesne University; B.A. degree, cum laude, University of Pittsburgh
Shawn P. McClure, Esq
  • Partner with Bernstein-Burkley, P.C.
  • Responsible for the management of the firm’s commercial collection practice, including the filing and defense of mechanics liens, foreclosure actions, replevins, involuntary bankruptcies and other credit related matters
  • Written and spoken on many topics related to his areas of expertise
  • Named a Pennsylvania Rising Star in the area of creditors’ rights and bankruptcy since 2013 by Philadelphia Magazine
  • Certified by the American Board of Certification as a creditors’ rights specialist
  • Licensed to practice in Pennsylvania, West Virginia and Ohio
  • J.D. degree, Duquesne University School of Law; B.S. degree in accounting, Saint Francis University
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New Technology And The Fair Debt Collections Practices Act
Available on CD format
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Course Details
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