Presentation on theme: "Learn How To Earn FDCPA 101 Recognizing Violations and Submitting Clients."— Presentation transcript:
Learn How To Earn 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)
COMPLIANT VOIC S: -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 #].
IDENTIFYING VOIC 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 -
-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.
-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.
-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. , letter, etc.), detailing the conversation had with the Collector
Score Status’ Contact Attempted – Left Message and 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 ) 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
Phone Office Hours: 9-5 CT Monday-Friday FDCPA Department Expect Calls from Area Code 714
Joel PateJoshua Carmona All Questions are Important Jeff Lohman