FDCPA Dangers and Other Collections Pitfalls: All the Ways Debt Collectors Mess Up

Agenda / Content Covered

1. CFPB and FDCPA Rule Updates, New Guidance, Enforcement News and Case Law
   11:00 - 11:45, Ernest H. Kohlmyer
2. FDCPA: All the Ways Debt Collectors Are Messing Up
   11:45 - 12:45, Ernest H. Kohlmyer
   1. Mini Miranda Warning - Top Errors
   2. Collections Notices and Letters Gone Wrong
   3. False, Deceptive, and Misleading Representations
   4. Verification of Debt Mistakes
   5. Harassment
   6. Cease and Desist Request Violations
   7. Risky Vocabulary and Language in Collector Talk-Offs
   8. Threatening Wage Garnishment or Litigation With Debtor or Third Parties
   9. Pitfalls With Social Media, Texts, and More
3. Debt Collection, the FDCPA, and Bankruptcy
   1:00 - 1:30, Ernest H. Kohlmyer
4. TCPA, FCRA, UDAAP: Top Mistakes to Avoid
   1:30 - 2:15, Ernest H. Kohlmyer
5. Common Debt Collection Mistakes: From Pre-Suit Strategies to Securing a Judgment
   2:45 - 3:30, Lynda L. Laing
6. Post-Judgment Collections: What Works and What Doesn't
   3:30 - 4:15, Lynda L. Laing
7. Failure to Find Debtors, Assets, and Fraudulent Transfers
   4:30 - 5:00, Lynda L. Laing
8. Legal Ethics
   5:00 - 6:00, Ernest H. Kohlmyer
   1. Conflicts of Interest
   2. Competent and Diligence Representation
   3. Client Communication
   4. Attorney Fees and Safekeeping Client Property
   5. Communicating With Unrepresented Persons
   6. Truthfulness in Statements to Others

Accreditation Details:

Ernest H. Kohlmyer is a partner with Shepard, Smith, Kohlmyer & Hand, P.A. He practices in the areas of FDCPA and FCRA defense on behalf of collection agencies and credit grantors in the state of Florida. Mr. Kohlmyer also represents governmental entities in the central areas of civil rights and constitutional law. He is a regular speaker on the areas of debt collection and credit bureau reporting issues for the Florida Collectors Association and ACA International. Mr. Kohlmyer has been a member of ACA International's Member's Attorney Program (MAP) (former chairman), and has served as Florida's state unit representative. He currently serves on the ACA Legislative Council, and is a board member for the ACA International Foundation. Mr. Kohlmyer is licensed in both the state and federal courts in Florida and Georgia. He is admitted to practice before the U.S. Court of Appeals for the Eleventh Circuit and the U.S. Supreme Court. Mr. Kohlmyer earned his B.S. degree from Florida State University and his J.D. degree from the University of Dayton School of Law.

Lynda L. Laing is a partner in the law firm of Strauss, Factor, Laing & Lyons in Providence, Rhode Island, where her practice concentrates in the areas of collections and litigation. Ms. Laing is a member of the State Bar of Michigan, Rhode Island and American bar associations, Commercial Law League of America, and American Bankruptcy Institute. She served as chairperson of the Bench Bar Committee for the Rhode Island Bar Association. Ms. Laing earned her A.B. degree from Albion College and her J.D. degree from Case Western Reserve University Law School.