There isn’t any magic or luck involved in collections practice, but there are definite do's and don'ts. If you are trying to collect a debt, you will be held accountable to standards set forth in the Fair Debt Collection Practices Act. If you follow the guidelines, you have the chance to maximize your results in collecting. If you don't follow them, you may end up with greater problems than "not collecting," like liability much greater than the original debt.

Get the vital information you need regarding the Fair Debt Collection Practices Act, including which persons and transactions are covered. Learn how to comply with the FDCPA and deal with special ethical issues. Finally, come away with strategies for handling the FDCPA lawsuit. Order today!

1. Overview of the Fair Debt Collection Practices Act
2. Persons and Transactions Covered
3. How to Comply With the Act
4. The FDCPA Lawsuit
5. Ethical Considerations and the FDCPA
6. Damages

Continuing Education Credits:   

Continuing Legal Education

Credit Hrs    State    Credit Approval Expiration

* denotes specialty credits

1. OVERVIEW OF THE FAIR DEBT COLLECTION PRACTICES ACT
   9:00 - 9:45, Dean R. Brackenridge
   1. History of the Act
   2. Purpose of the Act
   3. Legislative History
   4. Language of the Act
   5. Conjunction of the Fair Credit Reporting Act and the FDCPA
2. PERSONS AND TRANSACTIONS COVERED
   9:45 - 10:45, Dean R. Brackenridge
   1. Persons Who Must Comply as "Debt Collectors"
   2. Persons Specifically Excluded From the Term "Debt Collector"
   3. Transactions Covered by the Act
   4. Transactions Not Covered by the Act
3. HOW TO COMPLY WITH THE ACT
   11:00 - 12:00, Joseph R. Walterman
   1. FDCPA Requirements Regarding Communication With a Debtor
   2. Actions Required of the Debt Collector
   3. False, Deceptive and Misleading Representations Prohibited
   4. Unfair or Unconscionable Collection
   5. Verification of a Debt
   6. Furnishing Deceptive Forms
   7. "Mini-Miranda" Warning
   8. Mandated Disclosures Written for the "Least Sophisticated Consumer"
   9. Recent Developments
4. THE FDCPA LAWSUIT
   1:00 - 2:00, C. Warren Nerz
   1. State and Federal Jurisdiction Over Private Civil Actions Under FDCPA
   2. Evaluation of Cases and Formulation of Strategy
   3. Debt Collectors Defenses and Counterclaims
   4. Class Actions Lawsuits
   5. Venue Where Case May Be Filed
5. ETHICAL CONSIDERATIONS AND THE FDCPA
   2:00 - 3:00, Joseph R. Walterman
   1. Fees
   2. Candor With the Tribunal
   3. Dealing With the Unrepresented Person
   4. Unauthorized Practice of Law
   5. Harassment
6. DAMAGES
   3:15 - 4:30, C. Warren Nerz
   1. Statutory Damages
   2. Actual Damages
   3. Attorneys' Fees
   4. Class Damages
   5. Injunctive Relief
   6. Punitive Damages

DEAN R. BRACKENRIDGE is a member of Frost Brown Todd LLC, in Indianapolis. He has a practice that includes representation of clients in Indiana state and federal court litigation concerning business, construction and environmental matters. Mr. Brackenridge frequently has defended both Indiana-based and national collection agencies against individual and class action Fair Debt Collection Practices Act claims. He also has defended many attorneys against Fair Debt Collection Practices Act claims arising from representation of their creditor clients. Mr. Brackenridge earned his B.A. degree from the University of Notre Dame and his J.D. degree from The Ohio State University College of Law.

C. WARREN NERZ is a partner in the law firm of Nerz Walterman, P.C., where he practices in the areas of corporate law, real estate law, construction law, and commercial litigation, with a concentration in the area of creditors' rights and debt collection. Mr. Nerz is licensed to practice law in the Indiana state courts, in the federal district courts for both the Northern and Southern districts of Indiana, and in the U.S. Court of Appeals for the 7th Circuit. He earned a B.S. and master's degrees from Manhattan College, and his J.D. degree from Indiana University. Mr. Nerz is a member of the Indianapolis Bar Association, the Indiana State Bar Association and the Attorney Section for the American Collectors Association.

JOSEPH B. WALTERMAN is a partner with Nerz Walterman, P.C., where his practice focuses on all aspects of creditors' rights in consumer and commercial debt collection litigation, business transactions, real estate and general civil litigation, including the defense of businesses in Fair Debt Collection Practices Act and Fair Credit Reporting Act claims. He is a member of the Indiana State Bar Association and the Indianapolis Bar Association. Mr. Walterman started his legal practice at a general practice firm in Bloomington. In 2004, he was chosen as corporate and litigation counsel for two statewide collection agencies based in Indianapolis. In 2006, he transitioned to the law firm of Nerz & Associates, P.C., and, in 2007, he was named partner under the firm, Nerz Walterman, P.C., as vice president for collection litigation. Mr. Walterman earned his B.A. degree, with honors, and his J.D. degree from Indiana University in Bloomington.

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