FDCPA training slideshow

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FDCPA 101
Recognizing Violations and
Submitting Clients
Mr. CRO prospect/client/past client,
“I notice from your credit report that you
have a number of collection accounts.
Are you receiving calls from collectors or
notices in the mail?”
Let me ask you a few questions.
Qualifying Questions:
• Have Collection companies left voice
message?
• Are they calling often?
• Have you received calls at work?
If yes, complete the form and we will take it
from there
Marketing Fees
• Score Members receive $150 per case
• Non-Score Members receive $100 to
$150
Up to 5 cases per month $100
6 to 10 per month $125
Over 10 per month $150
U.S.C. 1692: The FDCPA
- Passed in 1977 with the purpose of eliminating abusive debt collection
practices
-
Dictates the rules by which THIRD PARTY DEBT COLLECTORS may collect
debt
- Contains a fee shift provision so that a debtor can retain counsel at no cost
- Allows for statutory damages UP TO $1,000
- In 2011, the FTC received over 140,000 complaints against debt collectors
(17% increase over 2009)
Violations:
COMPLIANT VOICEMAILS:
- Every time a collector calls he needs to say the name of his company and
reference the collection of debt.
-
The ACA Approved Message:
This is a message for Mary Smith. If you are not Mary Smith, please hang up or
disconnect. If you are Mary Smith, please continue to listen to this message. There
will now be a three second pause in this message. (pause) By continuing to listen to
this message, you acknowledge you are Mary Smith. Ms. Smith, you should not
listen to this message so that other people can hear it as it contains personal and
private information. There will now be a three second pause in this message to allow
you to listen to this message in private. (pause) This is Bob Jones from ABC
Collection Agency. This is an attempt to collect a debt and any information obtained
will be used for that purpose. Please contact me about an important business matter
at [phone #].
Violations:
IDENTIFYING VOICEMAIL VIOLATIONS
- Non-compliant messages most often omit either the company name and/or
the fact that the call is in reference to debt.
o “Regarding an Important Business Matter”
o “This is Don Johnson…”
- Threats, Profanity, Whistling, etc…
- EXAMPLES -
Violations:
- DEFINING COMMUNICATION:
o A Phone Call is NOT considered Communication.
o Client needs to speak with the collector once to notify collector that he
cannot afford to pay the bill at this time. (NOTATE ON CALL LOG)
- Keeping a call log – It’s all about organization!
o Examples:
o Necessary Information:
o Phone Number
o Date / Time
o The company’s name is nice but NOT necessary
o Most violating collectors use a myriad of phone numbers
o Most call log cases take 3-5 business days to gather information and
review.
Violations: Calls at Work
- Very Simple Violation – Taken in Steps:
1. Client needs to tell Collector that she cannot receive personal calls at work
o Client needs to note the time, date and person she spoke with
2. If the Collector calls the the client’s work again, it is a violation of FDCPA
- The client has to tell the Collector that she cannot receive calls at work
- No proof of the conversation is required beyond the information listed in Step 1.
Violations:
- A Collector is allowed to call a Third Party to request Locator information.
- A Collector in NOT allowed to inform the Third Party that the call is in any way
regarding a debt.
- Standard Disclosure (This is an attempt to collect a debt…) is not required or even
allowed.
o Third Party = Family members, neighbors, colleagues, etc.
o Third Party ≠Spouse, Children under 18, cosigners on account
- The proof required for this violation needs to come from the Third Party (i.e.
email, letter, etc.), detailing the conversation had with the Collector
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Score Status’
Contact Attempted – Left Message and email
Working Lead – Working with client to get all the information required to submit it to the attorney
Insufficient Evidence – A client has not received adequate harassment. We do not mark the lead
Inactive. Instead, we continue to work with the client to build a case
Contract Sent – Consent to Represent has been sent to the client (generally through email)
Sent to Attorney – File is sufficient to send to attorney, including Consent to Represent, Evidence,
and Client Intake Sheet
Attorney Status’
Rejected – Not a case. File Rejected
Processing – Additional Information is required from the client
Pre-lit – Not a case to pursue litigation. Instead, Attorney is working to settle claim *
Signed Case – Case Accepted by Attorney **
* Marketing Fee paid if Lawyer accepts the lead after more discovery
** Marketing Fee paid when lawyer accepts the lead
Track the Progress of your clients from SUBMISSION to SIGNING
Updated Report Each Monday Morning
Lead Number
8077770
8077769
8077762
8077757
7181638
7181962
7181945
7181572
7181670
7181669
7181665
7181832
7181943
7181942
7181833
Pipeline Status
New Lead
New Lead
New Lead
Contact Attempted
Contact Attempted
Working Lead
Working Lead
Working Lead
Submit to Attorney -->
Submit to Attorney -->
Submit to Attorney -->
* ==>Attorney - Signed
* ==>Attorney - Signed
* ==>Attorney - Signed
* ==>Attorney - Signed
Client
Kathy Bauwens
Joyce Harrington
mark remski
Clara Loving
Christina Roberts
Sherilee Oney
Tammy mears
vickie miller
Miriam E. Love
Rina Cloutier
Jane Schneider
Michael Wise
Robin Howser
Seven & Christine Anderson
Dawn Eck
State
IA
MA
ca
VA
CA
NY
DE
ak
MD
ME
DE
ID
OK
MD
MD
Service Rep
Richard
Karina
Lisa
Dan
Edith
Sara
Lisa
Sara
Karina
Jaimie
Emerson
Emerson
Jaimie
Jennifer
Lisa
Age
1 Hour
1 Day
1 Day
5 Days
7 Days
7 Days
9 Days
12 Days
1 Day
2 Days
2 Days
13 Days
13 Days
13 Days
13 Days
FDCPA Department
Expect Calls from Area Code 714
Phone 877-876-5921
Email: [email protected]
Office Hours: 9-5 CT Monday-Friday
All Questions are Important
Joel Pate
Jeff Lohman
Joshua Carmona

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