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insideCompliance: TCPA Clarity and Questions

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Date: September 16, 2014 Time: 2:00 p.m. Eastern

Recent TCPA litigation has raised numerous questions about how – and if – the FCC’s 2008 declaratory ruling works in the real world. For instance, does prior express consent need to be given at the time of the extension of credit or in connection with the transaction? Does the consumer know when giving out their number that it may be used for other purposes, especially when the collection itself counts as “other purposes”? How could the issues of prior express consent and vicarious liability change for debt collectors in the near future?

Instead of complaining about how court rulings could lead to the “erosion” of the TCPA provisions put forth in the FCC’s 2008 declaratory ruling – which ACA International helped to create – collectors need to be able to look at precedent, apply it to their current call policies and procedures, and make sure that third party service providers are doing the same.

Learn how the courts have clarified some TCPA requirements for debt collectors in our 60-minute webinar. John Rossman and Dusty Whitesell will highlight the top court cases agencies need to consider when addressing evolving TCPA concerns, including:

  • Nigro v. Mercantile Adjustment Bureau
  • Thomas v. Taco Bell Corp
  • Penn v. NRA Group

You will have the chance to ask Mr. Rossman and Mr. Whitesell questions during the live Q&A portion of the webinar.

You’ll Learn:

  • How the judicial system is interpreting TCPA obligations for debt collectors, and how the FCC plays a role
  • How to properly obtain prior express consent for the purposes of collecting a debt, and how that differs from calls for other purposes
  • How to monitor vendors for TCPA compliance

Speakers: John Rossman and Dusty Whitesell

John Rossman is a shareholder and chair of the Creditors’ Remedies Practice Group at Moss & Barnett.  Mr. Rossman defends FDCPA and related cases nationwide.  He is the co-host of the collection industry podcast “The Debt Collection Drill,” featured here on insideARM. He’s also a frequent writer and lecturer on debt collection issues. Rossman is good on licensing, as well as operational questions and compliance issues.

Dusty Whitesell is an accomplished accounts receivable management executive with 20+ yrs experience covering all aspects of outsourced creditor-servicing, specializing in contact center operations. Whitesell was most recently COO of Sentry Credit, a Seattle-based BPO, where he was responsible for driving contact strategies and operations across the entire organization. Prior to Sentry, Dusty held executive positions at Asset Management Outsourcing and Outsourcing Solutions Inc. Currently, Whitesell is the Chief Evangelist at LiveVox where he is helping leverage his extensive industry and operations knowledge to direct the development and adoption of cloud solutions for BPO.