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Telephone Collections: Do's and Don'ts

Webinar: ID# 1011986
Recorded CD
Qty:
About This Course:
The credit and collection industry has grown dramatically over the past 20 years. Creditors are faced with increasing challenges in collecting debts from consumers, while facing mounting customer difficulties and tighter compliance environments.

This live audio conference will help you understand the importance of complying with the relevant laws governing collections via telephone and the impact of the laws affecting telephone collections. Collectors are still targets under the FDCPA. TCPA lawsuits are in vogue and the potential liabilities for calling cell phones via dialers without consent can equate to potential ruinous liability.

Numerous states have two-party recording act consent requirements. Recording of collection calls can be a benefit and a detriment and the potential liability for recording calls without consent in two party states is perilous. This audio conference will additionally allow you to pose questions about your most pressing collection concerns.

Agenda

I. The Fair Debt Collection Practices Act (15 USC 1692 et seq.)

  • Who Can I Call
  • What Disclosures Do I Have to Provide to Debtors During a Live Call
  • What Message Should I Leave
  • Speaking With Third-Parties and Required Disclosures/Limitations

II. The Telephone Consumer Protection Act of 1991 (47 USC 227)

  • The Law Regarding Calling Cell Phones and Leaving Prerecorded Messages Via Dialers
  • What Is an Automatic Telephone Dialing System
  • What Is Prior Express Consent
  • Wrong Number Calls

III. Recording Act Laws

  • What States Have Recording Act Laws

IV. What Are the Benefits/Detriments of Recording Phone Calls

  • What Disclosures Do I Have to Provide to Consumers When Recording a Call in Two-Party Consent States
  • When Is a Conversation Confidential
  • Calling Cell Phones and Recording Conversations

Who Should Attend

This live audio conference is designed for credit and collection managers, presidents, vice presidents, business owners and managers, lending professionals, accountants and attorneys.

About the Presenter

David J. Kaminski, Carlson &Messer LLP

  • Partner at the law firm of Carlson &Messer LLP, a Los Angeles based civil litigation defense firm
  • Practice concentrates in the defense of collection agencies and creditors under the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA) and related state and federal consumer protection statutes
  • Has extensive experience in multidistrict and class action litigation with emphasis on the FDCPA, FCRA, TCPA, and state invasion of privacy and recording act claims
  • Has published numerous articles on compliance and the evolving interpretations of consumer protection laws
  • Lectured on such topics as the FDCPA, the FCRA, the TCPA, class action strategies in state and federal cases, recording act claims, trends in consumer litigation, risk management issues, and other related topics throughout the United States
  • Member of the attorney panel of the ACA International

Continuing Education Credit

Credit is available only for the LIVE webcast. Recorded versions do not qualify for credit. Only registered and paid attendees will receive continuing education credit. Certificates of Completion are provided to each registered attendee. Your certificate will be emailed to you within two weeks following completion of the program.

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Telephone Collections: Do's and Don'ts
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