This document summarizes a 2014 workshop on consumer collection laws and regulations. It discusses the Consumer Financial Protection Bureau (CFPB) and laws like the Fair Debt Collection Practices Act (FDCPA) that regulate collection practices. Key points include requirements around contacting debtors by phone or other means, restrictions on collecting time-barred debts, and the importance of training collectors and maintaining a culture of compliance. The workshop emphasizes understanding and complying with evolving regulations to avoid penalties and protect borrowers.
Recorded on Monday, March 19, 2012 - This webinar, presented by Margaret Capes, Legal Education Coordinator of Community Law School (Sarnia-Lambton) Inc., looks at common scams such as phishing, advance fee frauds, prize and lottery scams, the grandparent scam, and cheque overpayment scams. The webinar reviews the risks of purchasing goods or services online. It covers plans of action to counter scamming activity involving reports to police, banks, credit card companies, the Canadian Anti Fraud Centre, and the Ministry of Consumer Services. Finally, it discusses how to launch a civil claim in Small Claims or Superior Court including the pros and cons of taking such a step against "hard to trace" perpetrators. Those interested in expanding their knowledge of this topic area may find the Identity Theft webinar useful.
To watch an archived version of this webinar visit:
http://yourlegalrights.on.ca/webinar/watch-your-step-internet
Recorded on Monday, March 19, 2012 - This webinar, presented by Margaret Capes, Legal Education Coordinator of Community Law School (Sarnia-Lambton) Inc., looks at common scams such as phishing, advance fee frauds, prize and lottery scams, the grandparent scam, and cheque overpayment scams. The webinar reviews the risks of purchasing goods or services online. It covers plans of action to counter scamming activity involving reports to police, banks, credit card companies, the Canadian Anti Fraud Centre, and the Ministry of Consumer Services. Finally, it discusses how to launch a civil claim in Small Claims or Superior Court including the pros and cons of taking such a step against "hard to trace" perpetrators. Those interested in expanding their knowledge of this topic area may find the Identity Theft webinar useful.
To watch an archived version of this webinar visit:
http://yourlegalrights.on.ca/webinar/watch-your-step-internet
Recorded on May 23, 2012 - Contracts made by telephone or mail are called remote agreements and are subject to Ontario's Consumer Protection Act, 2002. This webinar, presented by Margaret Capes, Legal Education Coordinator of Community Law School (Sarnia-Lambton) Inc., looks at telephone and mail remote agreements: what must be included in the agreement, what the seller or vendor cannot do, and where to turn if the agreement is not fulfilled.
Watch this webinar at:
http://yourlegalrights.on.ca/webinar/telephone-and-mail-agreements
TCPA and Contact Center Law: What's on the Horizon in 2017? Ryan Thurman
TCPA class action lawsuit filings surpassed 5,000 in 2016 alone. Top compliance strategies for dealing with the new administration at the FCC, FTC, and CFPB.
Texas Lawyer Advertising: Being Strategic While Remaining in ComplianceStacey Burke
A thorough discussion of the 2021 changes to the Texas lawyer advertising rules by 20-year lawyer Stacey E. Burke to the Coastal Bend Women Lawyers Association.
Answering the Call: Requirements for reporting channelsConvercent
An effective employee hotline is a must-have, for public and private organizations alike. This guide provides an overview of the most prominent reporting channel requirements to ensure your hotline complies with these rigorous standards and serves as a reliable way to root out, minimize and address misconduct.
Law 531 final exam guide new
http://helpfinalexams.com/homework_text.php?cat=2633
1. What defense can an employer use to a charge of sexual harassment?
The harassed employee was not made aware of the company’s antiharassment policies.
The harassed employee took advantage of the preventive measures provided by the company but still could not avoid being harassed.
The employer does not have any complaint mechanisms for employees who are harassed.
The employer used reasonable care to prevent and correct the sexually harassing behavior.
2. Choose the correct statement about the Environmental Protection Agency (EPA).
It is exclusively created to regulate air pollution standards.
It has the power to initiate judicial trials in case of violation of environmental laws.
It does not enforce environmental laws related to the protection of wetlands.
It can enforce federal environmental regulations but cannot make regulations on its own.
3. What is “riba” in the context of Islamic law?
It is a compilation of decisions of the prophet.
It refers to the making of unearned profits.
It is the doctrine of proper behavior.
It refers to independent reasoning.
4. The state of Oriel, Selenasia, enacts a law that imposes a 40 percent tax on automobiles that are made outside of Selenasia and sold in the state. However, Oriel does not impose this tax on Selenasian-made automobiles that are sold in Oriel. This scenario resembles a violation of which clause of the U.S. Constitution?
The Multilateral Treaty Clause
The Bilateral Treaty Clause
The Foreign Commerce Clause
The Treaty Clause
5. Teledor Inc. and Comunika Inc. are two competing cellphone manufacturers. Jane, a customer at Teledor, is told by an employee that Comunika phones have weak battery back-up and are very prone to damage. The employee makes these remarks even though he knows that they are completely false. Jane, who has been contemplating between Teledor and Comunika, is influenced by what she hears and purchases a Teledor phone. What kind of intentional tort should be used against Teledor in this scenario?
Malicious prosecution
Disparagement
Battery
Appropriation
Unfair and Deceptive Acts & Practices Seminar - Chicago Automobile Trade Asso...Jim Radogna
Dealers have plenty to worry about when it comes to rules and regulations governing the industry, but perhaps the most harrowing are known as “UDAPs”.
Unfair and Deceptive Acts and Practices (UDAP) statutes are consumer protection laws that address what lawmakers consider to be “unethical” or otherwise “bad” business practices. The FTC Act and the Illinois Consumer Fraud and Deceptive Business Practices Act both prohibit unfair or deceptive acts or practices. These statutes have far-reaching implications for auto dealers because they provide for enforcement by the government to stop the practices, individual actions for damages brought by consumers who are hurt by the practices, and even criminal liability.
Dealers need to be aware that these statues are extremely broad and not only prohibit acts and practices that fall directly under the purview of specific laws, but also any other practice that is determined to be unfair or deceptive to the consumer. A behavior can be found to be unfair and deceptive and thus actionable even though it does not constitute fraud, breach of contract, or negligence under more traditional law. As a result, UDAP claims are a favorite among consumer attorneys – especially those seeking class action lawsuits.
There are a wide variety of dealer sales, F&I, and advertising practices that may be considered to be unfair or deceptive by regulators or courts. Some of these are commonly-known, while others may surprise you.
In this informative seminar we’ll address these potential legal pitfalls and suggest best practices for avoiding being caught up in a “UDAP Trap”.
This seminar is highly recommended for dealership upper management as well as sales managers, F&I personnel, sales consultants, and others – anyone who interacts with, or markets to, consumers.
When a Utility company attempts to strong arm you (if you lose your job, are disabled, a personal carer or anyone else on a low income and easily susceptible to economic hardship.)
MobiU2011 Lecture: STRAT131 Mobile Legal Implications - Sedgwick LLPKimberly-Clark
Dave discusses the legal pitfalls that all brands should be aware of when running a mobile campaign. He will also cover the court precedents that are important to how mobile campaigns should be run to prevent legal action, particularly class action lawsuits. All brand owners should attend to ensure they are protecting their brands in the current wild wild west setting of mobile marketing and legal.
The Law of Unfair Trade Practices: Practical tips for deadling with unfair tr...EllisWinters
The talk is nationwide in scope, but it includes plenty of North Carolina examples. In the talk, I lay out the general shape of the law on unfair trade practices, including some infamous recent cases from California and New Jersey.
See especially slides 6-14, where I describe how section 75-1.1 fits into the range of similar statutes nationwide.
The State of the TCPA: Consent, Dialers, the FCC -- the Law is in Flux Ryan Thurman
With all of the recent rulings regarding the TCPA, how can companies navigate the TCPA waters, comply with the law, and still conduct their business? Join attorney David Kaminski for an in-depth review of the current law regarding dialers, consent under the TCPA and the FCC Rulings, and what companies face when seeking to comply with the current state of the law. For more info call 866-362-5478 or email info@dnc.com
THE LEGALITY OF CALL RECORDING
A brief overview of how and why to comply with laws regarding the recording of telephone calls.
Call recording regulations are complicated, and the penalties for infringement can be costly, so it’s critical for companies that rely on phones for business to know their legal rights and obligations when it comes to recording calls.
Download this eBook and learn:
• The three organizations that regulate call recording
• The serious penalties for illegal call recording
• The difference between “one-party” and “all-party” state laws
• Two ways to obtain consent
• When the Telemarketing Sales Rule applies
• When to avoid recording altogether
Andy Keeney recently presented a NAFCU webinar on the Telephone Consumer Protection Act ("TCPA") - The Basics, Recent Regulatory Changes, and Class-Action Litigation Implications
Recorded on May 23, 2012 - Contracts made by telephone or mail are called remote agreements and are subject to Ontario's Consumer Protection Act, 2002. This webinar, presented by Margaret Capes, Legal Education Coordinator of Community Law School (Sarnia-Lambton) Inc., looks at telephone and mail remote agreements: what must be included in the agreement, what the seller or vendor cannot do, and where to turn if the agreement is not fulfilled.
Watch this webinar at:
http://yourlegalrights.on.ca/webinar/telephone-and-mail-agreements
TCPA and Contact Center Law: What's on the Horizon in 2017? Ryan Thurman
TCPA class action lawsuit filings surpassed 5,000 in 2016 alone. Top compliance strategies for dealing with the new administration at the FCC, FTC, and CFPB.
Texas Lawyer Advertising: Being Strategic While Remaining in ComplianceStacey Burke
A thorough discussion of the 2021 changes to the Texas lawyer advertising rules by 20-year lawyer Stacey E. Burke to the Coastal Bend Women Lawyers Association.
Answering the Call: Requirements for reporting channelsConvercent
An effective employee hotline is a must-have, for public and private organizations alike. This guide provides an overview of the most prominent reporting channel requirements to ensure your hotline complies with these rigorous standards and serves as a reliable way to root out, minimize and address misconduct.
Law 531 final exam guide new
http://helpfinalexams.com/homework_text.php?cat=2633
1. What defense can an employer use to a charge of sexual harassment?
The harassed employee was not made aware of the company’s antiharassment policies.
The harassed employee took advantage of the preventive measures provided by the company but still could not avoid being harassed.
The employer does not have any complaint mechanisms for employees who are harassed.
The employer used reasonable care to prevent and correct the sexually harassing behavior.
2. Choose the correct statement about the Environmental Protection Agency (EPA).
It is exclusively created to regulate air pollution standards.
It has the power to initiate judicial trials in case of violation of environmental laws.
It does not enforce environmental laws related to the protection of wetlands.
It can enforce federal environmental regulations but cannot make regulations on its own.
3. What is “riba” in the context of Islamic law?
It is a compilation of decisions of the prophet.
It refers to the making of unearned profits.
It is the doctrine of proper behavior.
It refers to independent reasoning.
4. The state of Oriel, Selenasia, enacts a law that imposes a 40 percent tax on automobiles that are made outside of Selenasia and sold in the state. However, Oriel does not impose this tax on Selenasian-made automobiles that are sold in Oriel. This scenario resembles a violation of which clause of the U.S. Constitution?
The Multilateral Treaty Clause
The Bilateral Treaty Clause
The Foreign Commerce Clause
The Treaty Clause
5. Teledor Inc. and Comunika Inc. are two competing cellphone manufacturers. Jane, a customer at Teledor, is told by an employee that Comunika phones have weak battery back-up and are very prone to damage. The employee makes these remarks even though he knows that they are completely false. Jane, who has been contemplating between Teledor and Comunika, is influenced by what she hears and purchases a Teledor phone. What kind of intentional tort should be used against Teledor in this scenario?
Malicious prosecution
Disparagement
Battery
Appropriation
Unfair and Deceptive Acts & Practices Seminar - Chicago Automobile Trade Asso...Jim Radogna
Dealers have plenty to worry about when it comes to rules and regulations governing the industry, but perhaps the most harrowing are known as “UDAPs”.
Unfair and Deceptive Acts and Practices (UDAP) statutes are consumer protection laws that address what lawmakers consider to be “unethical” or otherwise “bad” business practices. The FTC Act and the Illinois Consumer Fraud and Deceptive Business Practices Act both prohibit unfair or deceptive acts or practices. These statutes have far-reaching implications for auto dealers because they provide for enforcement by the government to stop the practices, individual actions for damages brought by consumers who are hurt by the practices, and even criminal liability.
Dealers need to be aware that these statues are extremely broad and not only prohibit acts and practices that fall directly under the purview of specific laws, but also any other practice that is determined to be unfair or deceptive to the consumer. A behavior can be found to be unfair and deceptive and thus actionable even though it does not constitute fraud, breach of contract, or negligence under more traditional law. As a result, UDAP claims are a favorite among consumer attorneys – especially those seeking class action lawsuits.
There are a wide variety of dealer sales, F&I, and advertising practices that may be considered to be unfair or deceptive by regulators or courts. Some of these are commonly-known, while others may surprise you.
In this informative seminar we’ll address these potential legal pitfalls and suggest best practices for avoiding being caught up in a “UDAP Trap”.
This seminar is highly recommended for dealership upper management as well as sales managers, F&I personnel, sales consultants, and others – anyone who interacts with, or markets to, consumers.
When a Utility company attempts to strong arm you (if you lose your job, are disabled, a personal carer or anyone else on a low income and easily susceptible to economic hardship.)
MobiU2011 Lecture: STRAT131 Mobile Legal Implications - Sedgwick LLPKimberly-Clark
Dave discusses the legal pitfalls that all brands should be aware of when running a mobile campaign. He will also cover the court precedents that are important to how mobile campaigns should be run to prevent legal action, particularly class action lawsuits. All brand owners should attend to ensure they are protecting their brands in the current wild wild west setting of mobile marketing and legal.
The Law of Unfair Trade Practices: Practical tips for deadling with unfair tr...EllisWinters
The talk is nationwide in scope, but it includes plenty of North Carolina examples. In the talk, I lay out the general shape of the law on unfair trade practices, including some infamous recent cases from California and New Jersey.
See especially slides 6-14, where I describe how section 75-1.1 fits into the range of similar statutes nationwide.
The State of the TCPA: Consent, Dialers, the FCC -- the Law is in Flux Ryan Thurman
With all of the recent rulings regarding the TCPA, how can companies navigate the TCPA waters, comply with the law, and still conduct their business? Join attorney David Kaminski for an in-depth review of the current law regarding dialers, consent under the TCPA and the FCC Rulings, and what companies face when seeking to comply with the current state of the law. For more info call 866-362-5478 or email info@dnc.com
THE LEGALITY OF CALL RECORDING
A brief overview of how and why to comply with laws regarding the recording of telephone calls.
Call recording regulations are complicated, and the penalties for infringement can be costly, so it’s critical for companies that rely on phones for business to know their legal rights and obligations when it comes to recording calls.
Download this eBook and learn:
• The three organizations that regulate call recording
• The serious penalties for illegal call recording
• The difference between “one-party” and “all-party” state laws
• Two ways to obtain consent
• When the Telemarketing Sales Rule applies
• When to avoid recording altogether
Andy Keeney recently presented a NAFCU webinar on the Telephone Consumer Protection Act ("TCPA") - The Basics, Recent Regulatory Changes, and Class-Action Litigation Implications
The Consumer Financial Protection Bureau (CFPB) recently celebrated its second birthday. During its first two years of existence, the CFPB has shown itself to be an aggressive consumer-protection agency. It is particularly noteworthy because its broad jurisdictional mandate could impact virtually any business that makes a loan to any consumer. Consumer lenders need to be alert to the sweeping implications this agency will have for their future business activities.
Recorded on Monday, April 16, 2012. This webinar, presented by Margaret Capes, Legal Education Coordinator of Community Law School (Sarnia-Lambton) Inc., looks at telephone scams and other consumer problems with phones. It reviews the role of the Competition Bureau, the Ministry of Consumer Services, the Canadian Radio-television and Telecommunications Commission (CRTC), and the Canadian Anti Fraud Centre in combatting telephone trickery. Examples of recent versions of these scams will be reviewed so attendees will have an idea of what to watch for in their everyday lives.
To watch an archived version visit:
http://yourlegalrights.on.ca/webinar/Fighting-Telephone-Trickery-Using-Consumer-Protection-Laws
The Federal Trade Commission (FTC or Commission) is an independent U.S. law enforcement agency charged with protecting consumers and enhancing competition across broad sectors of the economy. The FTC’s primary legal authority comes from Section 5 of the Federal Trade Commission Act, which prohibits unfair or deceptive practices in the marketplace. The FTC also has authority to enforce a variety of sector specific laws, including the Truth in Lending Act, the CAN-SPAM Act, the Children’s Online Privacy Protection Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the Telemarketing and Consumer Fraud and Abuse Prevention Act. This broad authority allows the Commission
to address a wide array of practices affecting consumers, including those that emerge with the development of new technologies and business models.
The banking industry is continuously under the watchful eye of the government and the Federal Reserve. The government is in charge of setting restrictions on the banking industry's borrowing limits and the amount of deposits that banks hold in their vaults. These restrictions have a tremendous impact on banking profitability. It is a federal law that banks must stay complaint to banking restrictions.
Consumers' financial rights are protected by federal and state laws and regulations covering many services offered by financial institutions.
*All product and company names mentioned herein are for identification and educational purposes only and are the property of, and may be trademarks of, their respective owners.
Mastering FDCPA Compliance: A Comprehensive Guide for California Debt Collect...Cedar Financial
Navigate the intricacies of the Fair Debt Collection Practices Act (FDCPA) with confidence! This comprehensive guide is tailored for California debt collection agencies, providing key insights, compliance tips, and best practices to ensure ethical and legal debt collection. Stay ahead in the industry while safeguarding your agency's reputation. Download now for essential knowledge on FDCPA compliance in California.
#FDCPA #DebtCollection #CaliforniaLaw #CedarFinancial
Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
Honest Reviews of Tim Han LMA Course Program.pptxtimhan337
Personal development courses are widely available today, with each one promising life-changing outcomes. Tim Han’s Life Mastery Achievers (LMA) Course has drawn a lot of interest. In addition to offering my frank assessment of Success Insider’s LMA Course, this piece examines the course’s effects via a variety of Tim Han LMA course reviews and Success Insider comments.
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
2. Consumer Financial Protection Bureau (CFPB)
Fair Debt Collection Practices Act (FDCPA)
Telephone Collection Laws
Collecting Time Barred Accounts
Lessons and Contact Information
3. The CFPB was formed July 21, 2011 – Crafted out of the Dodd-Frank Wall
Street Reform and Consumer Protection Act
The CFPB has 3 missions: Educate, Enforce and Research
Established the federal agency to regulate consumer protection for
financial products and services.
Jurisdiction is wide spread and includes Student Loans and
Collection Agencies
Job is to take and act on consumer complaints
An extension of the FTC looking at non-banks
Know Before you Owe - see CFPB website is a good resource to
check out for your knowledge and students
Like GLBA before we need to understand that the CFPB is
something we need to comply with--- not ignore
4. The Compliance is IMPORTANT
It is important that every school makes sure all of their agencies have
taken the right steps to be in compliance and that the school follows
the same guidelines.
Agencies in the know have taken the steps to be fully compliant and
will continue to make necessary changes as regulations change.
A sample of items that compliance must include: Appoint a
Compliance Officer, Establish a Compliance Team to oversee
operations, Build Compliance into all systems, Conduct an annual
audit, Document everything, Train and retrain staff, Employ good
technology and Foster a culture of compliance.
Understand the Rules, Laws and Regulations discussed in this
Webinar.
5. Recently in the News
On July 10, 2013, CFPB Director Richard Cordray remarked that it is the CFPB's job
to “root out bad actors and protect consumers against unfair, deceptive or abusive
practices and other legal violations. which damage both consumer and also every debt
collector that tries to operate within the law.”
CFPB Now Accepting Debt Collection Complaints
The CFPB announced that it is now accepting complaints about debt collection.
Consumers are now able to submit complaints against any company that attempts
to collect a debt from them. In addition, however, the consumer can also choose
to submit a separate complaint against the company with whom the consumer had
the original account. According to CFPB these new complaints will serve as useful
feedback for creditors that hire third-party debt collectors or sell their debts.
Creditors, he stated, “will be made aware of the kinds of struggles that consumers
are having with their continuing debts and can potentially rethink what is
happening to their customers or cut off those debt collectors they deem to be
problematic.”
6. Fair Debt Collection Practices Act (FDCPA)
Passed in 1977 as a consumer protection amendment establishing
legal protection from abusive debt collection practices. This has
been strengthened and is used in conjunction with the Fair
Credit Reporting Act to hand down penalties and fines and
protect consumers. In 2006, attorneys were added to those the
Federal Trade Commission regulates under this law.
There are many prohibited actions and specific guidelines that need
to be followed when collecting from Consumers.
7. The FDCPA and related laws prohibit abusive, unfair and deceptive practices:
Specifically limit when a debtor can be contacted – not at an inconvenient time or at work without specific
permission
Consumers can tell you not to call at work and your agency not to call them.
Know who you can discuss the Debt with –Collection Laws vs. FERPA .. . And regulations for first party’s vs.
third party’s.
Written verification required from third party’s and can be requested from first party’s.
Know what is considered harassment.
Threats, publication of names, profane language (even in response to the same), false statements, etc.
Know what can be garnished (federal payments exempt except for federal loans).
Know how to leave a message and identify yourself.
8. The FTC and Department of Education jointly oversee the Student Loan
Industry. They are watching for deceptive practices.
Understand that Consolidation is a good tool for collecting, but is not the best
for every Perkins borrower. Be sure that borrowers fully understand the loss
of benefits BEFORE they consolidate.
Be sure your in-house collectors and agencies understand your rehabilitation
requirements.
9. The Communication Act of 1934 established the Federal Communications
Commission (FCC). The FCC regulates interstate, international, and maritime
communications including radio, television, wire, satellite, and cable. Their
jurisdiction covers all 50 States, the District of Columbia and U.S. possessions.
FDCPA prohibits a debt collector from communicating with a consumer in
connection with the collection of any debt at any unusual time or place or at a
time or place known or which should be known to be inconvenient to the
consumer. The consumer can inform the collector that contacting the cell
phone is inconvenient and the collector must cease any further communication
with the debtor by way of the cell phone.
You are permitted to call from 8A – 9P local time. Be sure you know where you are
calling –Telephone numbers can travel with individuals across the country.
School collection staff should follow these same guidelines.
10. Telephone Consumer Protection Act of 1991 restricts the use of automated dialing
systems, artificial or prerecorded voice messages, SMS text messages received by
cell phones and the use of fax machines to send unsolicited advertisements.
Additionally, the TCPA specifies technical requirements for fax machines, auto-
dialers, and voice messaging systems – principally with provisions requiring
identification and contact information of the entity using the device to be
contained in the message. Additionally:
Calls cannot be made with artificial voices or recordings to cell phones or
to any service in which the recipient is charged for the call.
In the event of a TCPA violation, individuals are entitled to collect damages
directly from a solicitor for $500 to $1,500 for each violation, or recover
actual monetary loss, whichever is higher.
The CAN-SPAM Act made a minor amendment to the TCPA to explicitly
apply the TCPA to calls and faxes from outside the US.
11. To understand the Statutes of Limitation, keep in mind:
Each state established a statute of limitations for debts
For most states, these vary from 3 to 6 years
When the time limit expires, a creditor may NOT sue to get paid.
After the limit Credit Reporting Bureaus will no longer list the debt
Federal Loans are NOT time-barred
Schools CAN maintain HOLDS and require payment before
services
Agencies can legally request payment, BUT cannot sue, infer or
threaten suit or credit damage and should inform the debtor that
the debt is time-barred.
12. FDCPA suits for time-barred collections are growing. The CFPB and lawyers have educated the
consumer on their rights
In New York on July 21,2013, the Cuomo Administration proposed new reforms including the
following for time-barred (Zombie Accounts):
Protections against Collection of ‘Zombie Debts.’ Often times, debt collection companies will
try to collect on “zombie debts” for which the statute of limitations has already expired. Under
this new regulation, if a debt collector tries to collect on a debt after the statute of limitations has
expired, the collector will need to inform the consumer, in every communication, that the statute
of limitations has expired and the consumer can use that as a defense against a collection lawsuit.
Most consumers are not represented by counsel and debt collectors can take advantage of this by
threatening to sue, or actually suing, without the consumer knowing he or she has this defense.
This reform will help prevent companies from bringing expired zombie debts back from the dead.
Make sure that you and your agency partners understand that the accounts are time-barred and
follow the laws and restrictions.
Holds may be the most effective collection tool for time-barred accounts!
13. + More than one out of every six American homes (17.5%) had
only wireless telephones in 2008 – a number that continues to
increase every year!
+ In addition, more than one out of every eight American homes
(13.3%) received all or almost all calls on wireless telephones
despite having a landline telephone in the home.
+ Estimates put collection calls to student loan recipients at 50-
60%.
14. These Laws make it imperative that we as Schools and
Collection Agencies that represent schools, understand
the rules, laws and regulations that apply to all levels of
collections and specifically to Higher Education debts
and loans.
The news is full of reports on higher education debt loans
and we need to make sure we follow the right steps
when contacting and collecting from the former
students.
15. From the beginning incorporate full disclosure and good communication. Focus on the idea of
“prior express permission” or required authorization which includes:
Obtain permission to use cell phones for contact purposes.
Make sure to be compliant in the verbiage of the statement that you are requesting the
student to sign.
Make sure that this happens in the admissions or registration process.
Make sure that there are statements in printed materials indicating that you will use the
number provided to make contact with the student.
If adding collection fees when placing an account in collections, make sure this is
provided to the student in writing at the time of registration.
Work hard to accompany all receivables with a promissory note and written
authorization.
16. Foster a Culture of Compliance (CFPB and more) and education for all your Students
Follow the guidelines of FDCPA and related laws and do not step over the line with demands
or harassment.
Do what is best for the Student borrower/debtor regarding Consolidation and
Rehabilitation.
Know the laws for telephone collections such as leaving messages, working with debtors and
related individuals (TCPA, FERPA, etc.).
Understand time-barred debts and make the decisions that are best for your Campus.
17. + Making Training of Collectors a Priority. Use your agency partners, associations and
ACA
+ Know who you may disclose the existence of a debt. Only those the borrower/debtor
has granted permission – usually their attorney and spouse
+ Understand the dangers of communicating about the debt via unsecured fax or e-mail
(even with consolidation information)
+ Be aware of changing rules and regulations. Your agency partners, loan servicers,
associations, list serves and ACA are all good sources of information.
18. QUESTIONS
Contact us at:
Mark Goodman – Educational Service Consultant at Mega Returns Inc.
mgoodmannv@gmail.com 856-577-7703 (Pacific time zone)