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Preview: Lorman Collections Teleconferences

Lorman Collections Teleconferences

Industry Leading & Respected Continuing Education

Last Build Date: Sun, 24 Sep 2017 11:30:01 GMT


Consumer Protection Statutes and Pre-Judgment Collections

Sun, 24 Sep 2017 02:00:34 America/Chicago

November 28, 2017


• Purpose of Seminar

• Pertinent Statutes

– Fair Debt Collection Practices Act (FDCPA)

– Telephone Consumer Protection Act (TCPA)

• Types of Debts/Accounts at Issue


• To Whom FDCPA Applies

– 'Debt Collector' vs. 'Creditor'

• Prohibited Acts

– 'Least Sophisticated Consumer' Standard

– Harassment or Abuse

– False or Misleading Representations/Unfair Practices

• Collection of 'Time Barred' Debt

• Other Required Actions or Restrictions on Collections Actions

– Contacts With Third Parties

– Initial Contact With Debtor

– Restrictions on Communications With Debtor

• Potential Liability


• To Whom TCPA Applies

– 'Autodialed' Calls – What Does This Mean?

– ACA International Appeal

• Consent and Revocation

– What Constitutes Consent to Be Called?

– What Constitutes Revocation of Consent to Be Called?

• Potential Liability

Best Practices and Recommendations

• Points for Avoiding FDCPA Liability

• Points for Avoiding TCPA Liability

Potential Changes on the Horizon to Consumer Protection Statutes and Regulations

• Political Climate and Impact on Consumer Protection Issues

Defending FDCPA Claims Based on Collection Letters

Sun, 24 Sep 2017 02:00:19 America/Chicago

October 26, 2017

Is There a Perfect Form Letter? Overview of Typical Claims Arising From Collection Letters

Specific Claims and Defenses Under Sections 1692d 1692e, 1692f and 1692g

Risks of Exposure to Potential Class Action Claims

Survey of Recent FDCPA Decisions and Emerging Trends

Best Practices: Avoiding Common FDCPA Violations

Effective Collections: A Proactive Approach to Credit Management

Sun, 24 Sep 2017 02:00:22 America/Chicago

October 3, 2017

What Is Credit Management?

• Objectives of Credit Management

• How Credit Management Affects Your Customers

Elements That Affect Credit Management

• What Is Credit Risk?

• Managing Credit Risk

• Checking People's Credit

Creating a Credit Policy

• Specific Steps for Successful Credit Management

• Skills and Resources Needed for Credit Management

• Elements of a Credit Policy

• Following Federal and State Laws

• Why Should You Have a Credit Management Plan?

Using Credit Management to Improve Collection Procedures

• Common Credit Management Errors and How to Correct Them

• Top Methods for Improving Collection Procedures

• Creating an Effective Credit Policy

Improve Your Credit Policy, Improve Your Collections

Sun, 24 Sep 2017 02:00:07 America/Chicago

September 28, 2017

Establishing an Internal Collections Process

• Internal Collections Best Practices – During the Sales Process, Before the Invoice Due Date

• Steps to Take After the Due Date – Setting a Demand/Escalation Schedule; In-House Collections Best Practices

• Techniques for Collecting From Your Customers – Including Verbal and Written Communication

Third Party Collections Agency Procedures and Best Practices – Working With an Outside Collection Agency (OCA)

• Legal Aspects of B2B Collections – Litigation Considerations

Playing by the Rules: Medical Collection Practices and Pitfalls

Sun, 24 Sep 2017 02:00:18 America/Chicago

October 11, 2017

Sample Case

• File Setup and Calendaring Statute of Limitations and FDCPA Implications Initial (Verification) Notice

– Initial Contact With Defendant

• FDCPA Compliance

– Annual Review

– Extension by Payment

• Defendant's Spouse Calls HIPAA Compliance Written, HIPAA-Compliant Authorization Required

– Voluntary Payment Plan

– Settlement Proposed

– No Payment Offered

• Defendant Ignores You

– Venue

• FDCPA Compliance

– Verification of Balance

– Service of Process

– Court Costs

• Post Judgement Remedies

– Wage Garnishment

– Bank Account Garnishment

Social Security Regulation

– Liens Against Real Property

– Discovery Exams

– Receivership

– Unclaimed Property

• Tracking the Balance

– Interest

– Court Costs

• Receiving Funds

– Deposit Account(s) (IOLTA)

– Assigned Debts

• Bankruptcy

– Wage Garnishment Recoupment

– Chapters 7 and 13

– Proofs of Claims


• Retirement Funds


– Exempt Assets (State Law)

• Locating Defendants

– Public Records Databases

– Contacting Third Parties for Location Information

– Employment Verification

• Resources

– Public Records Databases

– Real Estate Records Online

– Gary's Forms

Top FDCPA Violations All Collectors Must be Aware Of

Sun, 24 Sep 2017 02:00:15 America/Chicago

September 25, 2017

FDCPA – Top Ten Violations Collectors Make

• How to Identify Potential Violations for Failure to Make Proper Disclosures via Letters and Telephone

• How to Recognize and Avoid Technical Violations Relating to Account Balance and Processing Fees

• Harassment and Misleading Communications

• Offers to Settle by Collectors and Attorney Involvement

• Bona Fide Error Defense

Understanding the New Bankruptcy Proof of Claim Form

Sun, 24 Sep 2017 02:00:28 America/Chicago

November 13, 2017


• Brief Overview of the Bankruptcy Process

• Importance of Filing a Proof of Claim and Role of the Proof of Claim Form

• Effects of Creditor's Failure to File a Proof of Claim

• Old Proof of Claim Form and Frequent Related Issues

New Proof of Claim Form

• Overview – Where to Find and When/Where to File

• Differences Compared to Old Form

• How to Complete the New Form

• Key Points of the New Form

• Claim Classifications

• Requisites for Proving a Claim Including Supporting Documentation

• Common Pitfalls

• Keys for Filing and Substantiating a Successful Claim

Other Common Issues

• Assignment/Transfer of Claims

• Filing Logistics (Including Electronic vs. Paper Filing and Filing With BR Court vs. Filing With Claims Agent)

• Addressing and Overcoming Claim Objections

• Timeliness and Late Claims

Key Takeaways for Creditors