Fair Debt Collection Practices Act Seminar Materials

Publication Date:	September 2012
Available Formats:	Download PDF (89 pages)
Product #:	7610112

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Learn how to enforce the obligations imposed by the Act.
Understand who must comply with the FDCPA.
Find out what notices are required by the Act.
Recognize the prohibited conduct to avoid when collecting unpaid accounts.
Know the penalties for violating the Act and how to conduct your collections communications or how, as a consumer’s lawyer, to obtain remedies for collector abuse.
Find out how to stop debt collection harassment and to recover damages when it has occurred.
Learn what you can do to avoid becoming the target of an FDCPA action.
Learn how to recognize violations of the Act and remedy debt collector misconduct.
Learn about the applicability of the Act in bankruptcy cases.
Learn what types of debts are covered by the FDCPA.

All attorneys who are involved in collections work need to know how the FDCPA may apply to them and the procedures for complying with its provisions. All attorneys who assist individuals and families need to know how to use the remedies available under the FDCPA to respond to debt collection misconduct and abuse.

Communicating with the debtor and third parties, providing a proper validation notice, and providing the so-called “mini-Miranda” notice on pleadings are all concerns facing every attorney who handles any matter that arguably might be considered a consumer debt. A single violation of the Act triggers statutory liability and possible financial penalties. The offending debt collector is required to pay the successful consumer victim’s attorney fees and costs.

Multiple Attorneys? Order by phone (800-979-8253) and receive a 10% discount on orders $400-$800 or a 20% discount on orders over $800. Any publication included in the order applies toward the discount.
Government Attorney? Receive a 30% discount on publications, and a 50% discount on most seminars.
New Virginia Lawyer? (less than three years) Receive a 25% discount on publications and most seminars.

TABLE OF CONTENTS

Chapter 4: Fair Debt Collection Practices Act
Steven L. Higgs

4.1 In General

4.2 Research Materials and Professional Associations

4.3 Nature of the Fair Debt Collection Practices Act

4.4 Violations of the FDCPA

4.5 Remedies

4.6 Defenses

4.7 Bankruptcy Cases

Fair Debt Collection Practices Act
Dale W. Pittman

I. Introduction

II. Primary Sources of the Law

III. Coverage Under the Act

IV. Permissible Collection Related Communications Are Limited

V. All Abusive, False, and Unfair Collections Practices Are
Prohibited

VI. Statutory Remedies

VII. Procedural Issues

Excerpt on the Least Sophisticated Consumer Standard

Excerpt on the Inclusion of Unauthorized Charges

The Fair Debt Collection Practices Act

(text of act)