Top Issues Facing Today’s Debt Collectors and Ethical Rules of Professional Conduct Applicable to Lawyers Engaging in Collection Activity

Caren Enloe
Caren Enloe
Smith Debnam Law

Caren Enloe leads Smith Debnam’ s consumer financial services litigation and compliance group. Caren defends consumer financial service providers and members of the collection industry in state and federal court, as well as in regulatory matters involving a variety of consumer protection laws.

Jason Bruno
Jason Bruno
Sherrets Bruno & Vogt LLC

Mr. Bruno is an experienced multi-jurisdictional trial and appellate attorney licensed in Arizona, Texas, Nebraska, the U.S. District Courts for the Districts of Nebraska, Arizona, and Texas, and the U.S. Courts of Appeals for the Eighth and Ninth Circuits.

On-Demand: November 15, 2022

Top Issues Facing Today’s Debt Collectors and Ethical Rules of Professional Conduct Applicable to Lawyers Engaging in Collection Activity

$245.00 2.5 hour CLE

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Program Summary

Session I - Top Issues Facing Today’s Debt Collectors – Caren Enloe

With the CFPB taking a renewed interest in debt collection and the implementation of Regulation F, debt collection continues to be a challenge. The program will review the key issues facing today’s debt collectors under FDCPA and Regulation F.

Key topics to be discussed:

  • CFPB’s recent rulemaking and guidance issued which impacts debt collection
  • Evolution of Article III standing
  • Review of the most common debt collection violations
  • How to prevent

Session II - Ethical Rules of Professional Conduct Applicable to Lawyers Engaging in Collection Activity – Jason Bruno

The ethics portion of the program discusses the main rules of professional conduct applicable to lawyers engaging in collection activity, along with tips to avoid common risks and pitfalls that lead to ethical violations and personal liability.

Key topics to be discussed:

  • Dos and don’ts of communication with third parties when collecting a debt
  • Upholding the Rule of Law when collecting a debt
  • Avoiding the unauthorized practice of law when collecting a debt

This course is co-sponsored with myLawCLE.

Date: November 15, 2022

Closed-captioning available

Speakers

Caren Enloe_Smith Debnam_myLawCLECaren Enloe | Smith Debnam Law

Caren Enloe leads Smith Debnam’ s consumer financial services litigation and compliance group. Caren defends consumer financial service providers and members of the collection industry in state and federal court, as well as in regulatory matters involving a variety of consumer protection laws. Caren provides compliance services to a variety of fintech companies, law firms and collection agencies regarding an array of consumer finance issues.

Caren is an active trade group participant. She currently serves as chair of the Debt Collection Practices and Bankruptcy subcommittee for the American Bar Association’s Consumer Financial Services committee and as co-chair of the National Creditors Bar Association’s Bankruptcy Committee. She additionally is a member of the Defense Bar for the National Creditors Bar Association, vice-chair of ACA International’s Women in Consumer Retail Collections Committee, a member of the Bank Counsel Committee of the North Carolina Bankers Association, and the Governing Committee for the Conference on Consumer Finance Law. In 2018, Ms. Enloe was named one of the “20 Most Powerful Women in Collections” by Collection Advisor, a national trade publication.

An active writer and speaker, Caren oversees a blog dedicated to consumer financial services and has been published in a number of publications including the ABA’s Business Law Journal, Journal of Taxation and Regulation of Financial Institutions, California State Bar Business Law News, Banking and Financial Services Policy Report and Carolina Banker. Caren recently co-authored an article on the Debt Collection Rulemaking which is expected to be published in the American Bar Association’s The Business Lawyer in early 2022.

 

Jason-Bruno_Sherrets-Bruno-&-Vogt-LLC_FedBarJason Bruno | Sherrets Bruno & Vogt LLC

Mr. Bruno is an experienced multi-jurisdictional trial and appellate attorney licensed in Arizona, Texas, Nebraska, the U.S. District Courts for the Districts of Nebraska, Arizona, and Texas, and the U.S. Courts of Appeals for the Eighth and Ninth Circuits. Mr. Bruno focuses his practice on civil litigation, legal malpractice, and eminent domain. Mr. Bruno has tried more than 20 jury trials, handled more than 40 appeals, and regularly speaks at seminars on various topics, including ethics.

Agenda

Session I – Top Issues Facing Today’s Debt Collectors | 2:00pm – 3:40pm

  • CFPB’s renewed interest in debt collection and recent rulemaking | 2:00pm – 2:10pm
  • The evolution of Article III standing and its impact on debt collection litigation | 2:10pm – 2:20pm
  • Debt Validation Notices and Common Traps under Regulation F | 2:20pm – 2:30pm
  • Overshadowing violations | 2:30pm – 2:40pm
  • Is the Use of a Third-Party Vendor an Impermissible Third-Party Communication? | 2:40pm – 2:50pm
  • Time-Barred Debt | 2:50pm – 3:00pm

Break | 3:00pm – 3:10pm

  • False, Deceptive, and Misleading Representations | 3:10pm – 3:20pm
  • Frequency Limitations for Communications | 3:20pm – 3:30pm
  • Litigation Dos and Don’ts | 3:30pm – 3:40pm

Session II – Ethical Rules of Professional Conduct Applicable to Lawyers Engaging in Collection Activity | 3:40pm – 4:50pm

  • Dos and don’ts of communication with third parties when collecting a debt | 3:40pm – 4:00pm
  • Upholding the Rule of Law when collecting a debt | 4:00pm – 4:10pm

Break | 4:10pm – 4:20pm

  • Upholding the Rule of Law when collecting a debt (part II) | 4:20pm – 4:30pm
  • Avoiding the unauthorized practice of law when collecting a debt | 4:30pm – 4:50pm