Understand and Comply with the Fair Debt Collection Practices Act
Learn about critical issues and gain vital information to ensure compliance with the FDCPA
 Collect more of what's owed to you — while steering clear of legal landmines
Debt collection plays a critical role in a healthy economy — by collecting debts owed in a timely fashion, organization lower the cost of doing business, keep credit flowing and enable consumers to borrow (and thus spend!) more freely.
Unfortunately, some debt collectors resort to harassment, intimidation and other unfair tactics to get consumers to pay up … and in response, the U.S. Government drafted The Fair Debt Collection Practices Act. Failure to comply with any part of the FDCPA's strict guidelines and requirements can result in sizeable fines, penalties and judgments levied against debt collectors.
Debt collection is a part of doing business —
… but there is a right way and a wrong way to go about it! This powerful training gives you the knowledge you need to collect money owed, while staying within the legal parameters laid out by the FDCPA. With the practical skills you'll master here, you'll find collecting outstanding debts is faster, easier and less stressful than you ever thought possible. Most importantly, you'll gain a clearer understanding of the legal requirements of the FDCPA and gain a crystal-clear blueprint to help you navigate the complex legal issues surrounding debt collection.
Who will benefit …
Managers, supervisors, vice-presidents, and other professionals who work in any of the following areas will gain invaluable information from this training:
- Collections
- Accounting
- Finance
- Customer Service
- Credit
- Sales
- Accounts Receivable
- Operations
- Small Business
- Law
How we present this material …
To minimize work disruption, we will present this exciting one-day program at your business site. Your seminar leader will tailor the content of this training program to address your organization's specific needs.
Key Learning Points …
- Statutes of limitation on debt
- Conduct prohibited by the FDCPA
- The Mini Miranda Warning
- Requirements for debt validation letters
- Consequences of violating the FDCPA
- What not to say during a phone conversation
- Bankruptcy and collection — what you need to know
- Recent changes to the FDCPA you may be unaware of
As a result of this training, you'll know …
- The very latest FDCPA rules, regulations, amendments and more
- How to avoid communication practices that will instantly land you in hot water with the FDCPA
- What actions qualify as harassing, abusive, deceptive or unfair to consumers under the FDCPA
- Recent legal decisions against debt collectors that will absolutely shock you!
- Voicemail, email, written letters — what you need to know about contacting consumers through various channels
- Best ways to persuade consumers to pay up — without running afoul of FDCPA regulations
Read Program Overview
Understand and Comply with the Fair Debt Collection Practices Act — Program Overview
FDCPA Basics and Background
- The history of the FDCPA: purpose, guidelines, rights of consumers vs. rights of debt collectors
- How you can make the FDCPA an asset, not a hindrance
- How to stay on top of interpreting the FDCPA given today's technology
- Ways to avoid receiving complaints with the Fair Trade Commission
- Recommended and potential changes to the FDCPA due to the newly established Consumer Financial Protection Bureau
Definitions and Key Terms
- Which types of debts are covered by the FDCPA?
- Which debts are not covered?
- Are you classified as a "creditor" or a "collector?"
- What is the FDCPA's definition of a "consumer?"
- Consumer debt and commercial debt — the differences according to the FDCPA
- Your rights as a debt collector vs. your debtors' rights — what you need to know about FDCPA updates, changes and guidelines
Communication Guidelines According to the FDCPA
- FDCPA guidelines to gain location information when talking with a person other than the consumer
- Letters and phone calls: How to make sure every word and phrase is within legal guidelines
- Improving your telephone persona: How to master telephone collection techniques while complying with FDCPA rules
- Avoid these common mistakes that can lead to legal trouble in letters, emails and over the phone
- Third party communication — what you need to know
- What you can and cannot say when addressing consumers according to FDCPA regulations
- The Mini Miranda Warning: are you up to speed on this critical communication requirement?
- Debt validation letters: guidelines and language that must be included according to the FDCPA
- Consumer actions that require collectors to cease all communication immediately
Back to Program Overview
Prohibited Practices
- The most common violations of the FDCPA — are you guilty of any of these?
- False or misleading representation: What actions are prohibited by the FDCPA?
- How much are you required to reveal according to FDCPA guidelines?
- How the FDCPA coordinates with state laws
- State statutes of limitation on debt
- What constitutes abusive or profane language? The answer may surprise you!
- Telephone actions that are prohibited: lengthy conversations, persistent calls, certain hours of the day
- Harassment: what it is, how to avoid it and still collect what is owed to you
- False or deceptive forms: written language you must avoid in order to remain in compliance
- How to avoid being charged with unfair collection practices
- The truth about post-dated checks and debt collection: are you aware of these rules?
- Strict regulations regarding collect calls, telegrams, envelopes and post cards
Civil Liability
- Consequences of violating the FDCPA — including fines, penalties, damages and lawsuits
- What is the statute of limitations on FDCPA violations?
- Bona fide errors and unintentional violations: your rights as a debt collector regarding these issues
- Recent legal decisions: learn what not to do as a debt collector according to these case studies and real-world examples
- How the Federal Trade Commission's enforcement policies and procedures work
- How does the FDCPA protect you when a debtor files a lawsuit in bad faith?
- Which statute of limitations apply in different types of cases
- How written policies and procedures can be your best defense against FDCPA liability
Back to Program Overview
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