Successfully navigating the complexities of the FDCPA is no easy feat. Our seasoned faculty will walk you through the top 12 mistakes that attorneys make regarding the FDCPA and give you proven tactics on how to avoid these common mistakes. Be prepared if regulators come knocking on your clients' door. Register today!
Identify and avoid top mistakes when using "Mini-Miranda" warnings.
Learn the rules revolving around third party disclosure and when it is illegal.
Determine when the mere discussion of wage garnishment can cause trouble for debt collectors.
Spot risky vocabulary in collector talk-offs that spells legal trouble.
The "Mini-Miranda" Warning - Top Errors Made
Debtor Cease and Desist Request Violations
Mistakes in Collecting Any Amount of the Debt
The Prohibition Against False, Deceptive and Misleading Representations
Verification of a Debt - Top Mistakes That Lead to Suits
How the Discussion of Garnishing Wages Can Land Debt Collectors in Hot Water
Not Calling the Debtor at the Correct Times
Leaving Messages, Calling Third Parties, Calling at Work and More
Dealing with Consumer "Stalls" While Remaining Compliant
Oversights When Discussing Litigation with the Consumer and Third Parties
Mistakes Made in the Notice Drafting Process
Risky Vocabulary and Language in Collector Talk-Offs
SONIA J. BUCK is an attorney at the firm of Brock & Scott, PLLC. Her practice areas include foreclosures, loan restructuring, creditors’ rights, collection, and bankruptcy. Ms. Buck is a trained mediator and has mediated for Maine’s Foreclosure Diversion program. She has written several articles for American Bar Association publications and has also published a book, Movie Therapy for Law Students. Ms. Buck has also been adjunct faculty at Kaplan University, where she has taught paralegal and business classes. She earned her B.A. degree, cum laude, from the University of Southern Maine and her J.D. degree, magna cum laude, from the University of Maine School of Law.
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.
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