Fair Debt Collection Practices Act - FDCPA, FCRA, Easily-Broken HIPAA, Civil Liability, Bad Check Laws, Promissory Notes, Mini-Miranda Warning

Why Should You Attend:

Doing your job as an A/R professional is hard enough without the threat of lawsuits hanging over your head. But, debtors today have information at their disposal about what you can and cannot do to collect a debt. In a job where one wrong phrase in a collection letter or even your tone of voice over the phone can get you into hot water, you need to be confident and secure that everything you do is legally sound.

Abusive, deceptive, and unfair debt collection practices by many debt collectors led to the enactment of the Fair Debt Collection Practices Act. Anyone trying to collect a business debt on behalf of another must be familiar with who this important law covers as well as its dos-and-don’ts.

This presentation will reveal the critical procedures a debt collector must follow when reaching out to both the debtor and others with whom the collector interacts while engaged in debt collection. Companies across the country are getting hit with massive fines and judgments every day by violating critical federal collection law regulations and guidelines. Unintentional mistakes or not, the courts are bringing down the hammer on companies and individuals.

Learning Objectives:

• Learn areas of the FDCPA that trip up even veteran collectors
• Learn Fair Credit Reporting Act issues that can – and will – affect the way you work
• Learn how easily-broken HIPAA can get you hauled into court
• What’s your company’s civil liability under the FDCPA?
• Learn bad check laws that every A/R and sales pro in your company should know
• Learn how to use promissory notes to get your money sooner rather than later
• How to use “mini-Miranda” warning to protect yourself and your company in court
• Overview of consumer vs. commercial bankruptcy and the differences between Chapter 7, 11 and 13
• How to determine when enough is enough and get tough with your debtors

Areas Covered in the Webinar:

• Who is a covered ‘debt collector’ – and, who is not
• The 6 things a debt collector can and cannot do when trying to determine a debtor’s location
• Three things a debt collector cannot do when communicating directly with the debtor in the absence of consent or a court order
• What to do if the debtor tells you in writing to leave them alone
• A half-dozen acts that expressly constitute harassment and abuse
• How to recognize a false or misleading representation
• Eight actions that will always be recognized as being unfair or an unconscionable means of collecting or attempting to collect a debt
• How a debt collector must validate a debt
• Civil liabilities and administrative enforcement related to the Fair Debt Collection Practices Act
• Other collection laws

Who Will Benefit:

• Business Owners
• Compliance Managers
• Controllers
• Presidents / Vice Presidents
• Managers / Supervisors
• Sales Representative
• Collection Managers, Personnel
• Retail Businesses Owners
• Business Vendors

David Sanders
President, Sanders and Sullivan Consulting

David Sanders is considered one of the world’s leading experts in accounting, finance, business consulting, payroll, budgeting, collections, personal income taxes, business taxes, business set up, sales and use taxes, internal controls, inventory management, cycle counting, record keeping and vendor/supplier management. He has conducted approximately 10,100 training sessions, including public seminars, on-sites, company training, chambers of commerce trainings, colleges, videos, CDs and webinars worldwide.

Mr. Sanders is called upon nationally and internationally for his SOX training abilities and to perform, walk through interim testing for core financial processes such as internal controls, fraud detection, internal controls, financial reporting, revenue, inventory, and expenditure testing.

The author of four acclaimed books and over 28 seminar workbooks and numerous webinars, he has a talent for breaking things down into easy to understand steps that can be implemented immediately. He was an endorsed local provider for the Dave Ramsey Show covering the greater Cincinnati and Northern KY area.

Mr. Sanders has a wealth of experience to share that is supported by impeccable financial credentials including over 38 years’ experience in the financial industry. He holds numerous degrees including accounting, business administration and finance. His experience includes accounting manager, corporate controller, CFO, government tax auditor, business consultant, and senior partner with various accounting/ tax/ auditing firms nationally.

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