The CFPB Proposed a Model Demand Letter - Why Should I Worry About Mine?
Nothing exposes a law firm to class-action litigation like a template letter mailed out thousands of times. This webinar will take a deeper dive into trends involving the initial demand letter.
Among other topics, the speakers will discuss:
- Time-barred debt disclosures-whether to use them and issues with content
- Issues involving language concerning whether disputes must be in writing
- Whether to ask the consumer to give a reason for the dispute
- Whether to mention that action "may" be taken
- What action to take if the consumer contacts you before you send your initial demand letter
The presentation may help reduce exposure caused by your initial demand letter until the CFPB creates a safe-harbor letter-if it ever does.
Joshua C. Dickinson has developed significant experience in defending credit agencies, creditors, and law firms from individual and class action claims brought under the FDCPA, TCPA, FCRA, various state consumer protection statutes, and common law fraud. Josh acts as regional and national counsel for several debt collection agencies and law firms as a partner with Spencer Fane. He has previously served as the Nebraska State Compliance Chair for the Association of Credit and Collection Professionals (ACA) International and on the ACA’s Board of Delegates. Josh is a regular speaker/contributor on FDCPA compliance and litigation issues.
David J. Weimer is the Vice President and Chief Compliance Officer at Kramer & Frank, P.C., and an NCBA Board Member. Since 1991, his practice has included the FDCPA, the FCRA, the TCPA, HIPAA, creditors’ rights, various other consumer protection statutes, and, more recently, the CFPB and UDAAP. He has tried hundreds of creditors rights cases and defended law firms and collection agencies against consumer protection claims. He is a member of the Missouri Bar, the Bars of the U.S. District Courts for the Western District of Missouri and the District of Kansas, and the U.S. Circuit Courts for the Eighth and Tenth Circuits. He also serves as a member of the NCBA Board of Directors, is the co-chair of the NCBA Bylaws and Professional Standards Committees, and is a past president of Missouri Creditors Bar, Inc.