Debt Collection Liabilities and Credit ReportingLitigation and Enforcement Actions: EffectiveDefense Strategies for New and Emerging Claimsand Government Enforcement Actions ArisingFrom TCPA, FCRA, and FDCPA

October 24, 2014 10:35am


Troy G. Kubes
Vice President & Group Counsel
Equifax Legal Department

Ari M. Charlip
Dickinson Wright, PLLC

  • Impact of CFPB rulemaking on debt collection litigation
  • Preparing for and managing actions taken by state attorneys general and federal and state regulatory agencies relating to debt collection practices
  • How debt collectors have adapted their internal compliance and auditing policies and procedures to minimize future litigation
  • Understanding and making use of statistics and data related to debt collection litigation
  • Strategies for calculating damages based on net worth
  • Assessing the risks associated with sales of debt by creditors: Pitfalls and risks of debt sale agreements
  • How clients are working with debt collectors to ensure proper oversight
  • Chain of title issues: Class actions alleging unlawful patterns or practices
  • Determining what constitutes a ‘predictive dialer’ for purposes of the TCPA
  • Trends in TCPA litigation: California a hotbed for TCPA litigation
  • Evolving issues relating to consent and revocation of consent under the TCPA: What constitutes consent and what is acceptable as revocation of consent?; Impact on liability
  • Defending against the new wave of TCPA claims and class actions: Illegal call recording, text messaging, robo-dialing, cell phone calls, fax blasts, and trade line litigation
  • Federal jurisdiction for TCPA claims
  • Ensuring compliance with the TCPA in the absence of regulatory guidance: Minimizing the risk of violations
  • Certification issues relating to TCPA class actions
  • Status of FCC position on an industry association’s petition requesting clarification of and revisions to rules governing the TCPA
  • Impact of recent actions taken by the CFPB and the FTC relating to the FCRA: Enforcement initiatives; How the CFPB and FTC are working together to enforce the FCRA
  • Emerging Trends in FCRA litigation
  • Best practices for defending against FCRA claims and class actions
  • Managing and defending against FCRA class actions arising from employee background screenings
  • Minimizing the risk of exposure to FCRA claims: Providing notice to avoid FCRA violations
  • State claims and FCRA preemption
  • Trends in FDCPA litigation and California Rosenthal Act Lawsuits Against Lenders/Servicers
  • Defending against the new wave of FDCPA claims
  • Minimizing the risk of exposure to FDCPA claims
  • Preparing for the FTC’s increased focus on potential FDCPA violations