The FDCPA has come under an onslaught of resistance. Besides many companies cleaning up their collection calls, Spokeo and other creative defenses have hampered the effectiveness of consumer lawyers assisting debtor-clients. One statute that is often overlooked as a means for providing some protections to consumers is the Electronic Funds Transfers Act (EFTA).
More and more, collectors are getting consumers to pay their debts over the phone or using automated payment technology. EFTA was designed to provide greater protections for consumers who find themselves pressured into an electronic payment scenario. This webinar will be useful for lawyers who handle FDCPA matters as it will allow you to see other potential claims to bring on your clients’ behalf.
What You Will Learn
- What the basic definitions and principals of EFTA are and what factors determine when electronic funds transfers occur
- How to spot issues and potential cases when a client is engaged in a payment agreement involving electronic funds transfers or how to assist clients with claims of having money electronically removed from their account without their consent by an identity thief
- What the potential pitfalls of claims are – where Spokeo has caused a dent in EFTA claims
Larry P. Smith is a consumer attorney, handling matters involving the FCRA, FDCPA, and EFTA, as well as state consumer fraud/UDAP matters for over eighteen years. He is the Managing Partner at SmithMarco, P.C. Mr. Smith has tried dozens of consumer rights cases to verdict in the state and federal courts of Illinois, Georgia, and Wisconsin and has arbitrated over 700 cases. Additionally, he has amicably resolved over 3,000 consumer fraud, FCRA, and FDCA cases via settlement. He was admitted to the Illinois Bar in 1993 and after a short stint handling personal injury matters, has dedicated himself to protecting consumer rights. Mr. Smith earned his J.D. from The John Marshall Law School in 1993. He earned his B.A. degree in Political Science from the University of Illinois in Champaign-Urbana in 1990.