General Compliance and Legal Considerations when Sending Emails and Text Messages

Switching from letters to digital will help radically reduce paper and postage costs, but it’s not as easy as copying the text into an email! There are design, formatting, and user experience considerations (like phone versus computer); there are deliverability considerations (inboxing, soft and hard bounces); plus designing digital policies and procedures to ensure your program meets not only Regulation F obligations but in the state Fair Debt Collection Practices Act (FDCPAs).

Digital communications, including Electronic Validation Notices (EVNs), are an important cost-saving strategy and allow third-party collectors to remain compliant with unique local and federal regulations while reaching more consumers who prefer to communicate in these modern channels.

Don’t miss the chance to learn how to improve your communication with consumers while staying compliant in a digital channel that results in faster account resolution.

Join our expert panel as we explore the Fair Debt Collection Practices Act (FDCPA) and the CFPB’s Reg. F regarding electronic communications. We’ll delve into the implications for creditor rights law firms, consumers, and compliance professionals. Whether you’re a seasoned debt collection attorney or new to the industry, this webinar will provide valuable insights.

Learning Objectives:

• Expansion of Communication Types: Understand the Reg. F and the FDCPA’s expanded debt collection coverage to include email, text messages, and social media.
• Written Requests for Cease Communication: Learn how consumers can opt out of electronic communications.
  • Explore the importance of written requests for cease communication.
• Procedures for Electronic Communications: Discover procedures for compliant electronic communications.
  • Gain insights into obtaining consent for text messages.
  • Learn how to establish internal law firm best practices. 
  • Avoid unintended consequences and pitfalls. 
• Recent case law and other regulatory analysis 
• Impact of electronic communications on attorney model rules of professional conduct
  • Attorney-Client Privilege 
  • Confidentiality
  • Third-party disclosures  

CLE is pending for this webinar.

Barbara Nilsen
Blitt & Gaines, P.C.

Barbara Nilsen is a partner and Chief Compliance Officer of the law firm of Blitt & Gaines, P.C. She is licensed to practice in the State of Illinois, the State of Missouri and is admitted to the bar of the United States District Court for the Northern District of Illinois. Prior to joining Blitt and Gaines, P.C. as a Partner, she practiced in the areas of creditor’s rights and residential foreclosures at the law firm of Freedman Anselmo and Lindberg, LLC. She has been practicing in the area of creditor's rights for 18 years and has focused the last 12 years in compliance.

Barb is the President and a member of the Executive Committee of the National Creditors Bar Association, a Washington, D.C. based trade association representing the nation’s best debt collection attorneys. 

Lauren Valenzuela
TrueML Products

Lauren Valenzuela, General Counsel and Chief Compliance Officer of TrueML Products, is a thought leader in the fintech industry. Having served in multiple legal and compliance leadership roles within organizations and in private practice, and serving on various industry committees for over a decade, Lauren is known as a creative collaborator and is a recognized compliance expert in the ARM space. She has presented and/or written compliance commentary for insideARM, ACA International, AccountsRecovery.Net, California Association of Collectors (CAC), Receivables Management Association International (RMAI), and Receivables Info. Lauren was recognized as a Top 50 Receivables Professional and a Top Women Leader in Accounts Receivable in 2019 by Receivables Advisor; and recognized as a “Move Maker” in 2023 by Women in Consumer Finance. She is also a Certified Receivables Compliance Professional by RMAI. 

Nicole Strickler
Messer Strickler Burnette, Ltd.

Nicole M. Strickler is a seasoned litigator focusing her practice in the defense of consumer financial services litigation throughout the country. This includes representing clients in both individual and class actions involving state and federal consumer protection laws, including the Fair Debt Collection Practices Act ("FDCPA"), Fair Credit Reporting Act (“FCRA”), Telephone Consumer Protection Act (“TCPA”) as well as similar state laws. Her clients include corporations, lending institutions, collection agencies, asset purchasers, lawyers as well as individuals. While she always strives to win prior to trial, Ms. Strickler has successfully defended numerous bench and jury trials on behalf of her clients, including class claims. She is routinely solicited to speak before national industry trade organizations, and in publications, concerning issues affecting the credit and collection industry. Additionally, she has substantial experience representing her clients before state regulators, such as the Illinois Department of Financial and Professional Regulation, and the Consumer Financial Protection Bureau. Ms. Strickler has also successfully represented clients in numerous cases on appeal in various appellate courts, and even as amicus curiae before the United States Supreme Court.