Debt Collection Law From A to Z

Agenda / Content Covered

All times are shown in Eastern time.

1. Regulatory Overview and Key Concepts
   10:00 - 10:30, Richard J. Perr
   1. The Fair Debt Collection Practices Act (FDCPA)
   2. The Telephone Consumer Protection Act (TCPA)
   3. Unfair, Deceptive and Abusive Acts or Practices (UDAAP)
   4. The Fair Credit Reporting Act (FCRA)
2. Complying With the FDCPA
   10:30 - 11:30, Richard J. Perr
   1. Overview, Scope, and Important Definitions
   2. Harassment and Unfair Practices
   3. False and Misleading Representations
   4. Time and Place of Communications
   5. Electronic Communications
   6. Liability, Penalties, and Remedies
   7. Top Mistakes Debt Collectors and Attorneys Make
   8. New Rules Update
3. FDCPA Deep Dive: Letters, Forms, Warnings, and Defenses
   11:45 - 12:30, Richard J. Perr
   1. Debt Validation Notices and Letters (With Sample Language)
   2. Staying Inside the Safe Harbors
   3. Getting the Most out of the Bona Fide Error Defense
   4. Records/Form Management
4. Collecting Debt: Top Secrets From the Pros
   12:30 - 1:15, Ronald S. Weiss
   1. Assessing Collectability and Planning Your Collection Strategy
   2. Locating and Researching Debtors, Discovering Assets
   3. Contacting Debtors
   4. Settlement Strategies
5. Filing Suit and Securing Judgment
   1:45 - 2:45, Charles C. Dawson Jr.
   1. Theory of Recovery
   2. Case Prep, Witnesses, and Documentary Evidence
   3. Parties, Pleadings, Venue, and Service
   4. Analyzing and Responding to Defenses and Counterclaims
   5. Discovery and Depositions
   6. Mediation and Trial
   7. Default Judgment
   8. Key Differences: Commercial vs. Consumer Cases
6. Post-Judgment Collection Techniques
   3:00 - 4:00, Charles C. Dawson Jr.
   1. Overview: Judgment Creditor Rights and Remedies
   2. Executing Levies on Personal and Real Property
   3. Navigating Exemptions
   4. Garnishment
   5. Attachment
   6. Continued Investigation and Debtor Examinations
   7. Out-of-State Collection Strategies
   8. Bankruptcy Implications
7. Legal Ethics and Debt Collections
   4:00 - 5:00, Ronald S. Weiss
   1. The Relationship Between the FDCPA and RPCs
   2. Attorney Involvement in Collection Activities
   3. Aggressive Practices
   4. Competence and Confidentiality
   5. Conflicts of Interest
   6. Unauthorized Practice of Law
   7. Attorney Liability

Accreditation Details:

CHARLES C. DAWSON JR. is an attorney in Pelham, Alabama. He practices in the areas of creditor’s rights, probate, and estate planning. Mr. Dawson is admitted to practice in Alabama and Tennessee. He is a member of the American Bar Association (GPSolo Magazine Board, GPSolo eReport Subcommittee, Solo Small Firm and General Practice Division’s Technology Committee). He is a member of the National Creditor’s Bar Association, the Alabama State Bar, the Tennessee Bar Association (Creditor’s Practice Section), Creditors’ Attorneys Association of Alabama, and the Birmingham Bar Association. Mr. Dawson earned his B.A. degree from University of Montevallo and his J.D. degree from Birmingham 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.