1. ILLEGAL COLLECTION PRACTICES
1. Overview of FDCPA - Required and Prohibited Debt Collection Practices
2. Case Law Update
2. DEFENDING AGAINST THE DEBT COLLECTION HARASSMENT CLAIM
1. Jurisdiction Guidelines and Issues
2. Litigation Costs vs. Possible Damages
3. Rule 11 Sanctions and Other Effective Defenses and Counterclaims
4. Sample Pretrial Orders and Motions
5. Key Strategies During Discovery
6. Avoiding Incrimination Through Collector Documents and Messages
7. Settlement Strategies and Techniques
8. Re-Opening Default Judgment
9. Powerful Trial Techniques: Convincing the Jury That the Debtor is Not the Victim, Debunking Survey and Expert Evidence, Minimizing Damage Awards and Other Essential Strategies

Continuing Education Credits:   

Continuing Legal Education

Credit Hrs    State    Credit Approval Expiration

* denotes specialty credits

Session Time: 11:00 AM - 12:30 PM Eastern
Presenters: James R. Bedell and Michael S. Poncin

1. ILLEGAL COLLECTION PRACTICES
1. Overview of FDCPA - Required and Prohibited Debt Collection Practices
2. Case Law Update
2. DEFENDING AGAINST THE DEBT COLLECTION HARASSMENT CLAIM
1. Jurisdiction Guidelines and Issues
2. Litigation Costs vs. Possible Damages
3. Rule 11 Sanctions and Other Effective Defenses and Counterclaims
4. Sample Pretrial Orders and Motions
5. Key Strategies During Discovery
6. Avoiding Incrimination Through Collector Documents and Messages
7. Settlement Strategies and Techniques
8. Re-Opening Default Judgment
9. Powerful Trial Techniques: Convincing the Jury That the Debtor is Not the Victim, Debunking Survey and Expert Evidence, Minimizing Damage Awards and Other Essential Strategies

JAMES R. BEDELL is an attorney in the firm of Moss & Barnett, A Professional Association, where he focuses his nationwide practice in the areas of creditors' remedies, debt collection and defense of Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA) claims. He primarily represents creditors, debt purchasers and debt collection agencies. Mr. Bedell's clients appreciate his insight and experience when handling FDCPA and FCRA cases that involve sensitive and private disclosure of information as well as his ability to manage numerous cases in a professional, diligent and cost-efficient manner. He has special experience in defending complex FDCPA class actions and finding creative solutions to complicated cases. Mr. Bedell is admitted to practice in Minnesota and before the U.S. District Court District of Minnesota. He earned his B.A. degree from Hamline University and his J.D. degree from William Mitchell College of Law both in St. Paul, Minnesota. Mr. Bedell is a member of the American, Minnesota State and Hennepin County bar associations, as well as the ACA International Member's Attorney Program (MAP).

MICHAEL S. PONCIN is a shareholder in the Minneapolis law firm of Moss & Barnett, A Professional Association, where he focuses his practice in civil litigation, having significant experience in the defense of creditors, debt buyers, debt collectors and attorneys in actions arising under the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA) and other federal and state laws and regulations. Mr. Poncin advises clients on a nationwide basis in litigation and compliance issues and obtains pro hac vice admission as necessary. He gained acclaim for his tireless advocacy on behalf of the debt collection industry in the landmark cases Malm and Thinesen. Mr. Poncin's clients further appreciate his resilient and creative negotiating skills when confronted with potentially volatile situations. In addition, he also represents clients in commercial collections and in general contract and litigation matters. Mr. Poncin is a member of the American Bar Association, Minnesota State Bar Association and Hennepin County Bar Association. In addition, he is a member of the ACA International Member's Attorney Program (MAP) and has been approved by the ACA as counsel qualified to review collection notices for compliance with the FDCPA. Mr. Poncin is licensed in the state and federal courts of Minnesota. He has been a frequent lecturer on FDCPA, FCRA and collection issues. Mr. Poncin earned his B.S. degree, cum laude, from St. Cloud University and his J.D. degree from the University of Minnesota Law School.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

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