Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act (FDCPA) regulates the behavior of debt collectors who attempt to collect personal, family, or household debts on behalf of creditors. Compliance with the FDCPA is crucial to avoid legal repercussions as it provides strict guidelines on acceptable debt collection practices, prohibits abusive, false or misleading behavior, and imposes civil liability for violations.

Agenda 

Overview of the FDCPA

• Briefly introduce the FDCPA and its purpose

• Provide a high-level overview of the topics to be covered in the session

Why comply with the FDCPA?

• Discuss the consequences of non-compliance with the FDCPA

• Explain the benefits of compliance for debt collectors

Who is a “debt collector” regulated by the FDCPA?

• Define the term “debt collector” under the FDCPA

• Explain who is regulated by the FDCPA and who is not

To what “debts” does the FDCPA apply?

• Discuss the types of debts that are covered by the FDCPA

• Explain the types of debts that are not covered by the FDCPA

Finding the Debtor and what can and must I say?

• Discuss the rules and limitations on contacting debtors

• Explain what information debt collectors must provide to debtors when contacting them

Communicating with Third Parties

• Discuss the limitations on contacting third parties to obtain information about debtors

• Explain the types of information that can and cannot be disclosed to third parties

Validation of debts [15 USC 1692g]

• Discuss the requirements for debt validation under the FDCPA

• Explain the timeline for debt validation and what information must be provided to debtors

Cease Communication Requests

• Explain the rules for honoring requests to cease communication from debtors

• Discuss the consequences of failing to honor a cease communication request

Prohibited debt collection practices

• Discuss the types of debt collection practices that are prohibited under the FDCPA, including harassment or abuse, false or misleading representations, and unfair practices

• Explain the consequences of engaging in prohibited debt collection practices

Legal actions and civil liability

• Discuss the legal actions that debt collectors can take under the FDCPA to collect debts

• Explain the civil liability that debt collectors can face for violating the FDCPA

• Confidentiality
• Conflict Of Interest
• Solicitation & Networking
• No-Contact Rule
• Referral Fees
• Communicating With 
• Unrepresented Persons Attorney as third-party neutral
• Trust account issues
• Non-law practice activities
• Duties to Prospective Clients

• Introduction: Welcome and overview of the seminar's objectives and key topics to be covered.

• Developments in State and Federal Laws: A review of recent developments and updates in state and federal laws related to bias and discrimination and their implications for the legal profession.

• Practical Examples of Bias and Discrimination: Discussion of real-life scenarios and case studies that illustrate bias and discrimination within the legal profession.

• Identifying and Addressing Bias: Techniques for identifying and addressing overt and subtle bias, stereotyping, and prejudices in the workplace and beyond.

• Ethical Rules and Responsibilities: An overview of the ethical rules and responsibilities that apply to exhibiting bias and discrimination in the legal profession, including how to interact with clients and potential clients.

• Strategies for Eliminating and Preventing Bias: Discussion of strategies and best practices for eliminating and preventing bias within the workplace, including tips for creating an inclusive culture.

• Summary of key takeaways and next steps for attendees to continue learning and implementing the information covered in the seminar.