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Download a Complementary Sample of this Product

The Fair Debt Collection Practices Act (FDCPA) regulates, in a sense, how often debt collectors can call consumers. However, it stops short of mandating any practices, leaving confusion in the marketplace. And confusion is a quick way to compliance infractions and lawsuits.

Our Operations Guide offers clarity, insight, and best practices around call volume/frequency. It looks at:

  • Special Case States, which have additional laws around call attempts
  • What the difference is between an Attempt and a Contact
  • How call recording, when allowed, can save your bacon

And a look at recent cases the involve call volume and what insight collection agencies can glean from them
This Operations Guide comes complete with a link to the full video recording of the webinar -- great for use for all-staff trainings and quarterly in-services -- as well as a Certificate of Completion. This is a great resource for tracking training, allowing regulators and clients to see your agency's commitment to continuing compliance and education!

Product: PDF Download, including link to webinar video and Certificate of Completion

Pages: 30 pp

Published: 19 June 2014


Table of Contents

  1. Contributors. 3
  2. The Call Volume Landscape. 6
  3. Dials or Attempts? The Differences. 7
  4. Unique State Requirements. 10
  5. The Benefits of Call Recording in Call Frequency Cases. 15
  6. Who Defines “Intent”? Who Defines “Annoy, Harass, Abuse”?. 16
  7. The Importance of Consumer File Notes. 17
  8. “Look, It’s Not Me”: When Your Clients Want More Attempts. 18
  9. Massachusetts: The Way Things Might Be. 19
  10. Initiating, Attempting, Contacting: No Clarity, Yet. 21
  11. Best Practices: Call Volume. 22
  12. Audience Questions from insideOperations: Call Volume. 23
  13. Q: “What’s the best way to manage home, cell, and a work number that turns out to also be a home office?”  23
  14. Q: “Are creditors really held to a different set of call volume rules?”. 24
  15. Q: “What would you consider the number of attempts without contact to be harassment? What would be acceptable over 60 days with no contact?”. 24
  16. Q: “Can the TCPA be applied to business-to-business faxes?”. 25
  17. Q: “Is anybody using auto-dialer to call debtors? And if yes, what auto-dialer are you using?”. 25
  18. Background on Applicable Court Cases. 27

Contributers

John Rossman is a shareholder and chair of the Creditors' Remedies Practice Group at Moss & Barnett. Mr. Rossman is authorized to practice in 14 different courts and jurisdictions across the country, and he defends FDCPA and related cases nationwide. He is the co-host of the collection industry podcast The Debt Collection Drill and is also a frequent writer and lecturer on debt collection issues.

Mike Poncin is a shareholder with the Minneapolis law firm of Moss & Barnett, practicing in its Creditors’ Remedies Practice Group. He is licensed to practice law in the state of Minnesota, in addition to being admitted to practice in 17 federal district courts. Mike Poncin represents clients across the country, defending against FDCPA, TCPA, FCRA and other consumer law cases. He is the co-host of the collection industry podcast The Debt Collection Drill.

Ron Canter has 30 years of litigation experience, earning him an AV rating with Martindale-Hubbell. He is a member of the state bars of Maryland, Pennsylvania, Florida, and the District of Columbia. He is also admitted to practice in federal courts through the United States, including the Supreme Court and several courts of appeal. He is a recognized authority on creditors’ rights and the regulation of collection practices, and has represented creditors, attorneys and production agencies in complex litigation in both federal and state courts.