MICPEL and the Maryland State Bar Association Business Law Section,

In Cooperation with the University of Maryland School of Law and the University of Baltimore School of Law

Present:

 

THE FAIR DEBT COLLECTION PRACTICES ACT AND REGULATION OF ATTORNEY DEBT COLLECTION
Course #05-6029

Click here for a printable order form 
Please fill out the form completely and fax it to MICPEL at 410.659.0647.

3.0 CLE Hours

 

Friday, December 3, 2004

9:00 a.m. – 12:15 p.m.

Ecker Business Training Center

6751 Columbia Gateway Drive

Columbia, MD

 

FACULTY

Ronald S. Canter, Esq.
Wolpoff & Abramson, L.L.P.
 

WHAT YOU WILL LEARN AND WHY YOU SHOULD ATTEND
The Supreme Court has determined that litigation activities are subject to the Fair Debt Collection Practices Act, (Heintz v. Jenkins, 115 S.Ct. 1498 (1995)). What is the Fair Debt Collection Practices Act and to whom does it apply? This Act regulates the conduct of anyone handling consumer collections.

Lawyers and law firms are subject to the FDCPA. Even if your practice is solely litigation, you face the potential of paying thousands of dollars in damages and even more in attorneys fees for violating this Act which imposes strict liability for failing to comply with mandatory disclosures.

Anyone who regularly collects consumer debts is subject to the Act. However, courts have determined that even if collections are a small percentage of your firm’s practice, you can be subject to the FDCPA.

Are your collection practices subjecting you to liability under the Act?  Complying with the Act is not as easy as it might seem. Courts have interpreted the act and added concepts not contained within the black letter of the law, making it difficult to
be sure that one is acting within the legal requirements the courts have imposed.

Since most lawyers and law firms do some debt collection work, no lawyer should be uniformed about this act and how it applies to him or her. The consequences can be substantial. Attorneys who collect debts are also responsible for complying with the
Maryland Consumer Debt Collection Act and may even be required to obtain a license from the Maryland Collection Agency Licensing Board. Ethical considerations overlap many FDCPA provisions – compliance with both requirements is mandatory.

AGENDA
9:00 a.m. – 9:20 a.m.
History of Federal Consumer Protection Laws and the FDCPA
9:20 a.m. – 9:50 a.m.
First Prong of FDCPA - Regulations/Required Disclosure
9:50 a.m. – 10:10 a.m.
Second Prong – Limits on Communication
10:10 a.m. – 10:30 a.m
Third Prong – Prohibited Acts/Calls of Misleading Representation, Harassment and Abuse, and Unfair Practices
10:30 a.m. – 10:45 a.m. Break
10:45 a.m. – 11:00 a.m.
Liability and Damages
11:00 a.m. – 11:15 a.m.
Bona Fide Error Defense and Lawsuit Avoidance
11:15 a.m. – 11:30 a.m.
Maryland Consumer Debt Collection Act
11:30 a.m. – 12:00 p.m.
Ethical Considerations in Debt Collection
12:00 p.m. – 12:15 p.m.
Questions and Answers

Tuition

MSBA Members $169
MSBA Business Law Section Members $149
MSBA Young Lawyers $149
All Others $199
MICPEL Flex/Select Pass Holders $0
Video Replay $149
PA MCLE Credit Fee $6

 

Video Replays

9:00 a.m. - 12:15 p.m. all locations

 

December 17, 2004; Baltimore
January 14, 2005; Rockville
January 28, 2005; Salisbury

February 3, 2005; Prince Frederick

February 11, 2005; Rockville
February 18, 2005; Hagerstown

February 25, 2005; Baltimore

 

Unable to Attend?
Materials, Audio Tapes and CDs are available to order ten (10) days after course date.
DVDs are available to order sixty (60) days after the course date.

Audio Tapes and Materials Inventory #1499-04; $132.45*
CDs and Materials Inventory #2607-04; $132.45*
DVD and Materials Inventory #2608-04; $174.45*
Materials Only Inventory #1639-04; $69.45*
*Price includes tax and shipping charges.

 

Click here for a printable order form 
Please fill out the form completely and fax it to MICPEL at 410.659.0647.

 

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