Fair Debt Collection Practices Act
Fair Debt Collection Practices Act
Faculty: Boyd W. Gentry
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
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Briefly introduce the FDCPA and its purpose
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Provide a high-level overview of the topics to be covered in the session
Why comply with the FDCPA?
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Discuss the consequences of non-compliance with the FDCPA
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Explain the benefits of compliance for debt collectors
Who is a “debt collector” regulated by the FDCPA?
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Define the term “debt collector” under the FDCPA
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Explain who is regulated by the FDCPA and who is not
To what “debts” does the FDCPA apply?
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Discuss the types of debts that are covered by the FDCPA
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Explain the types of debts that are not covered by the FDCPA
Finding the Debtor and what can and must I say?
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Discuss the rules and limitations on contacting debtors
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Explain what information debt collectors must provide to debtors when contacting them
Communicating with Third Parties
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Discuss the limitations on contacting third parties to obtain information about debtors
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Explain the types of information that can and cannot be disclosed to third parties
Validation of debts [15 USC 1692g]
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Discuss the requirements for debt validation under the FDCPA
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Explain the timeline for debt validation and what information must be provided to debtors
Cease Communication Requests
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Explain the rules for honoring requests to cease communication from debtors
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Discuss the consequences of failing to honor a cease communication request
Prohibited debt collection practices
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Discuss the types of debt collection practices that are prohibited under the FDCPA, including harassment or abuse, false or misleading representations, and unfair practices
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Explain the consequences of engaging in prohibited debt collection practices
Legal actions and civil liability
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Discuss the legal actions that debt collectors can take under the FDCPA to collect debts
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Explain the civil liability that debt collectors can face for violating the FDCPA
