TELESEMINAR: Understanding the Law of Debt Collection for Businesses, Part 1 – A National Perspective
August 20, 2013
12:00 – 1:00 p.m.
1.00 MCLE hours
Debt collection activities are highly regulated by federal law which covers not merely traditional debt collection agencies but also creditors and individuals and entities – including lawyers and law firms – acting on the behalf of creditors to collect the debt. The Fair Debt Collection Practices Act imposes substantial restrictions on what persons and entities trying to collect debts can say and do to debtors. Both the form and the substance of their communications are restricted. Failure to comply with the FDCPA can result in substantial financial liability for both the collector and the creditor. This program will provide you with a practical guide to the law of debt collection, how it applies to lawyers, law firms and the businesses they represent, and best practices for avoiding liability. Part 1 of 2.
- Overview of sources of law in this area, including the Fair Debt Collection Practices Act and the Consumer Credit Protection Act
- Who is covered by the act? Are law firms acting on behalf of clients covered?
- Scope of restrictions on debt collectors with emphasis on lawyer activity
- Required disclosures to debtors
- Permissible communications with debtors and third parties – and what crosses the line
Manuel H. Newburger, Barron & Newburger, P.C., Texas