Fair Debt Collection Practices Act: Compliance Issues in 2016
In 2015, the Federal Trade Commission (FTC) and other law enforcement partners, took 115 actions against misleading and offensive collection practices including Fair Debt Collection Practices Act (FDCPA) violations. Also, hundreds of FDCPA-related complaints are being filed against companies every week, leading to substantial cost in fines and penalties.
With this crack down on FDCPA violators, businesses must understand their FDCPA obligations and comply accordingly. However, the alteration of rules and enforcement makes it even more challenging for organizations to ensure compliance. Adding to the complexity of the collections law is the confusing FDCPA issues.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders brought together by The Knowledge Group will help organizations understand the fundamental aspects of Fair Debt Collection Practices Act. They will also provide an in-depth discussion of this significant topic and will offer best practices in developing and implementing an effective and compliant debt collections policy.
Key topics include:
- The Fair Debt Collection Practices Act – Overview
- FDCPA Enforcement Trends
- Top FDCPA Violations
- Compliance Challenges
- Best Practices
Patrick G. Broderick, Shareholder
Greenberg Traurig, P.A.
- Brief description of the expansion of the debt collecting industry, including the new types of accounts collection companies are collecting on;
- How the definition of “debt” (requiring a “transaction”) is evolving under the case law interpreting the FDCPA
- How the definition of the phrase “primarily for personal, family or household purposes” has been interpreted by the courts
- The impact of the above on claims brought by victims of identity theft.
K.J. Miller, Member
Dickinson Wright PLLC
Amy Sabbota Gottlieb, Member
Dickinson Wright PLLC
- Top 5 Practices that are off limits / Top 5 FDCPA Violations
- CFPB report on top consumer complaints and review of FDCPA claims in litigation
- CFPB enforcement actions - a few top cases and the practical side of what to do when subject to audit or inquiry
- FTC enforcement actions
Brendan I. Herbert, Attorney
León Cosgrove LLC
- Emerging trends in FDCPA litigation:
- How courts are determining/evaluating whether communication constitutes an attempt to collect a debt
- Post-bankruptcy discharge FDCPA claims;
- Litigation arising from inclusion of estimated attorney’s fees and costs in reinstatement letters;
- Litigation based on debt validation and dispute processes.
- Potential defenses to FDCPA Claims
Who Should Attend:
- Finance Lawyers
- Debt Collectors
- Chief Financial Officers
- Financial Directors
- Financial Executives
- In-house Counsel
- Other Related/Interested Professionals and Organizations
Patrick G. Broderick focuses his practice on litigation related to claims arising out of federal consumer protection statutes, including the Real Estate Settlement Procedures Act, Truth in Lending Act, Fair Debt Collections Practices Act, Fair Credit Reporting Act, and Telephone Consumer Protection Act as well as various state consumer protection statutes. He is experienced defending companies against class action lawsuits asserting violation of consumer protection statutes, and overseeing company responses to government investigations initiated by state attorneys general and federal regulatory agencies relating to mortgage servicing practices.
Patrick handles commercial litigation matters, including breaches of contract claims arising out of franchising arrangements, licensing agreements, distribution agreements, and other contracts entered into by companies in industries such as telecommunications, consumer credit reporting, technology and manufacturing.
Patrick G. Broderick focuses his practice on litigation related to claims arising out of federal consumer protection statutes, including the …
KJ has a broad commercial and tort litigation practice with extensive experience in successfully resolving disputes in federal and state courts, in arbitration proceedings, and in facilitations before private mediators. KJ is one of the state's most experienced lawyers in the area of consumer finance litigation, including regulatory and compliance issues, Fair Debt Collection Practice Act (FDCPA), Truth in Lending Act (TILA), Fair Credit Reporting Act (FCRA), and Real Estate Settlement Procedures Act (RESPA) claims, contested foreclosures and evictions, credit card claims and Consumer Finance Protection Bureau (CFPB) compliance issues for financial institutions, private mortgage lenders, and servicers. Her practice also focuses on cases involving contract disputes, as well as negligence, fraud, toxic tort and insurance claims.
KJ efficiently and effectively manages large caseloads for national and international companies. She currently supervises a multi-state team of attorneys defending contested mortgage litigation, including appeals, for one of the nation's largest financial institutions. In addition, she has supervised a large legal team for General Motors, managing almost 700 claims concurrently and successfully arbitrating several of them, and has successfully managed multi-state toxic tort litigation for a valve manufacturer.
KJ has a broad commercial and tort litigation practice with extensive experience in successfully resolving disputes in federal and state …
Amy Gottlieb focuses her practice on commercial and business litigation with particular emphasis in the areas of consumer, mortgage finance and banking law. She advises and defends clients in the area of consumer finance litigation, including federal lending laws and regulatory compliance, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Real Estate Settlement Procedures Act (RESPA), Truth in Lending Act (TILA), Telephone Consumer Protection Act (TCPA) and Consumer Financial Protection Bureau (CFPB) compliance issues. Amy has extensive experience representing investors, financial institutions, mortgage lenders, loan servicers and real property owners with respect to commercial and residential foreclosures, land contract forfeitures, evictions, deed-in-lieu of foreclosure, workouts, credit issues and loan servicing.
In addition, Amy’s experience includes defending title insurance underwriters involving disputes related to title insurance policies, representing commercial and residential property owners in quiet title actions and other equitable actions, construction litigation and cases involving breach of contract, negligence, tort law and insurance claims.
Amy Gottlieb focuses her practice on commercial and business litigation with particular emphasis in the areas of consumer, mortgage finance …
An experienced trial lawyer, Mr. Herbert represents financial institutions confronted with class and individual claims in state and federal court, including litigation arising from the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA), the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA), state deceptive acts and practices laws, and other consumer lending and servicing statutes and regulations. Additionally, Mr. Herbert routinely litigates issues involving lender-placed insurance, loan origination fraud, and title disputes, and is frequently tasked with responding to eliminating the threat of repeat filing firms and litigants.
While prosecuting hundreds of highly contested cases throughout Florida, he consistently tackles complex evidentiary issues and novel questions of law. With strong technical insight into both the lending and servicing arms of the consumer finance industry, Mr. Herbert supports clients through the entire litigation lifecycle. This includes litigation avoidance strategy through strong internal quality controls and regulatory compliance programs.
An experienced trial lawyer, Mr. Herbert represents financial institutions confronted with class and individual claims in state and federal court, …
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About Greenberg Traurig, P.A.
About Dickinson Wright PLLC
Dickinson Wright PLLC is one of the fastest growing law firms in North America, with 16 offices in the U.S. and Canada. We have more than 400 lawyers that provide elite client service in more than 40 practice areas to a broad range of business and governmental entities. From the largest Fortune 500 companies to small and emerging businesses, state and local governments, non-profits and individuals, each client benefits from the depth of our experience, the breadth of our expertise and our focus on providing personalized service. No client is the same, and we don’t treat them as such. We focus on the individual needs of each client and work to create legal solutions to satisfy those needs. Our lawyers are respected by their peers, honored by industry endorsements and recognized through significant appointments throughout the legal industry.
Dickinson Wright has office locations in Arizona, Florida, Michigan, Ohio, Kentucky, Nevada, Tennessee, Washington D.C. and Toronto, Ontario.
About León Cosgrove LLC
León Cosgrove LLC is a business litigation firm that handles complex, high-stakes plaintiff and defense cases in a variety of practice areas and industries all over the United States. The firm’s trial lawyers, most of whom are former federal law clerks, were educated at top schools and trained at the world’s largest and most prestigious firms. They have spent their entire legal careers representing clients in some of the most complex lawsuits in the country. León Cosgrove is lean and unleveraged to deliver better results at less cost. The firm works to maximize clients’ legal spend under alternative billing arrangements that provide the stability, flexibility, and upside to suit each case.