Consumer Debt Collection: 2018 Update on FDCPA and TCPA Case Law, Litigation Trends, and Regulatory Enforcement

This program has been cancelled

A live 90-minute CLE webinar with interactive Q&A


Wednesday, September 12, 2018

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, August 24, 2018


This CLE webinar will provide an in-depth examination and update on the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA) as well as their impact on the debt collection industry. The panel will focus on recent case law, litigation trends and current regulatory enforcement initiatives in connection with these two consumer protection statutes.

Description

Although the regulatory climate has changed with the CFPB under Trump, the FDCPA and TCPA remain significant sources of consumer claims and regulatory enforcement activity against debt collectors. State attorneys general have assumed an increased role in regulating debt collectors, while the Federal Trade Commission (FTC) remains active in investigations and enforcements.

Given the volume of debt collection activity, traditional FDCPA claims continue to be filed, such as harassing or threatening consumers in debt collection and misrepresenting the debt owed. Recent trends in FDCPA litigation include threshold issues of the applicability of the FDCPA, the inclusion of tax consequence language, representation of the “current” balance owed and “overshadowing” allegations.

The TCPA also continues to generate considerable private and government litigation. Despite a recent ruling from the D.C. Circuit on ACA International v. FCC on the scope of the TCPA, certain issues remain hot topics for TCPA litigation including what constitutes an ATDS, prior express consent, and damages under the TCPA.

Another hot topic has been the application of the United States Supreme Court’s decision in Spokeo, Inc. v. Robins, to claims under the FDCPA and TCPA. Spokeo ruled that plaintiff’s must allege an injury-in-fact that is both concrete and partialized in order to establish Article III standing.

Listen as our authoritative panel discusses the evolving regulatory and enforcement environment for participants in the debt collection market, including attorneys who engage in debt collection activity, lessons learned from recent debt collection litigation and litigation trends.

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Outline

  1. FDCPA
  2. TCPA
    1. Reassigned cell phone numbers
    2. Third party liability
  3. Evolving roles in enforcement
    1. CFPB
    2. FTC
    3. State attorneys general
  4. Consumer claims
  5. Impact of Spokeo, Inc. v. Robins

Benefits

The panel will review these and other key questions:

  • What are common causes of action under the FDCPA and the TCPA?
  • What are the litigation trends under the FDCPA and the TCPA?
  • What regulatory and enforcement actions should be of most concern to debt collectors under the new administration, from the FTC, CFPB and others?

Faculty

Anthony, David
David N. Anthony

Partner
Troutman Sanders

Mr. Anthony is an experienced trial attorney with a concentration in litigating financial services and business...  |  Read More

Burnette, Lauren
Lauren M. Burnette
Partner
Messer Strickler

Ms. Burnette represents financial institutions, debt servicers and buyers, mortgage lenders and more in a broad range...  |  Read More

Wiener, Lewis
Lewis S. Wiener

Partner
Eversheds Sutherland (US)

Mr. Weiner represents a broad array of clients in state, federal and appellate court litigation throughout the United...  |  Read More