FDCPA New Rules and Hot Topics

Agenda / Content Covered

1. CFPB Enforcement Update, Additional Regulatory and Legislative Developments
   11:00 - 12:00, Richard J. Perr
2. TCPA Case Law and Regulatory Update
   12:15 - 1:15, Richard J. Perr
3. FDCPA New Rule Rundown Part I: Unpacking the Changes (Reg. F, 12 CFR Part 1006)
   1:15 - 2:15, Ernest H. Kohlmyer
   1. Final Rule Overview; Purpose, Intent
   2. Scope and Application
   3. Timeline and Effective Dates
   4. Interaction with Other FDCPA Provisions
   5. General Clarifications
   6. Time and Place Communication Provisions
4. FDCPA Case Law Developments
   2:45 - 3:45, Ronald S. Weiss
5. FDCPA New Rule Rundown Part II: Unpacking the Changes (Reg. F, 12 CFR Part 1006)
   3:45 - 4:45, Ernest H. Kohlmyer
   1. Electronic Communication and Social Media Provisions
   2. Consumer Designations and Safe Harbors
   3. Supplemental Rulemaking, Guidance, and CFPB Action/Delays
   4. Additional Changes
   5. Top Takeaways for Creditors
6. Ethics for Collection Attorneys
   5:00 - 6:00, Ronald S. Weiss
   1. Candor with the Tribunal
   2. Harassment
   3. Multi-jurisdictional Practice of Law
   4. Dealing with Represented Consumers
   5. Dealing with Unrepresented Persons
   6. Supervising Non-Lawyer Staff & the Unauthorized Practice of Law

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.

Richard J. Perr is the co-managing partner of the Philadelphia office of Kaufman Dolowich Voluck, LLP, and the chair of its consumer financial services practice group. He is a nationally recognized authority and lecturer on creditor’s rights, representing creditors, law firms, and agencies against individual and class action allegations invoking federal and state consumer protection laws; including the Fair Debt Collection Practices Act; the Fair Credit Reporting Act; and the Telephone Consumer Protection Act. Mr. Perr also advises entities and individuals on matters related to compliance in the credit and collection industry, including review, implementation and auditing of policies and procedures, especially in adherence with governmental regulatory bodies such as the Consumer Financial Protection Bureau (CFPB). Mr. Perr is a past president of ACA International. Mr. Perr also serves on the Board of Directors for the Mid-Atlantic Collectors Association. He earned his B.A. degree from Rutgers College and his J.D. degree, with honors, from Rutgers School of Law

Ronald S. Weiss is a partner in the Kansas City law firm of Berman, DeLeve, Kuchan & Chapman, L.C. He practices in the areas of bankruptcy and commercial litigation. Mr. Weiss wrote the chapter on general executions in The Missouri Bar Handbook and Attachments on Debtor/Creditors' Rights, and the chapter on bankruptcy in The Missouri Bar Practical Skills Handbook. He also is a contributing writer to The Missouri Bar Bankruptcy Practice Handbook. Mr. Weiss has been a lecturer for The Missouri Bar seminars and for the National Association of Credit Management in the Kansas City Bar Young Lawyers Trial Practice Program. He has served as chair of the Midwestern Bankruptcy Institute. Mr. Weiss is a member of The Missouri Bar, the American Bar Association, the Kansas City Metropolitan Bar Association, the Commercial Law League of America, and the American Bankruptcy Institute. He earned his B.A. and J.D. degrees from the University of Missouri.