Debt Collection Litigation Essentials: Pre-suit Strategies, Fair Debt Collection Practices Act Recent Developments, and Regulations

Louis J. Manetti Jr.| Troutman Pepper Locke LLP

Louis provides comprehensive legal counsel to banks, lenders, servicers, and debt collectors. He focuses his practice on navigating complex litigation and financial regulation matters. Louis has a deep understanding of federal consumer protection statutes, including RESPA, FCRA, TILA, TCPA, and FDCPA. He also handles litigation involving state statutes, such as the Illinois Mortgage Foreclosure Law (IMFL), and state consumer fraud and deceptive business practices statutes. Louis has significant experience defending class actions in these areas.

Louis also advises clients on new small business lending regulations, including the CFPB’s Final Rule under section 1071 of the Dodd-Frank Act. He has extensive appellate advocacy experience, having written numerous appellate briefs and argued before the Illinois Supreme Court, U.S. Court of Appeals for the Seventh Circuit, and every district of the Illinois Appellate Court.

I. Pre-suit strategies | 2:00pm – 2:40pm

• Importance of factual development early
• Techniques for effective negotiation and settlement

II. Debt collection litigation (Part I) | 2:40pm – 3:00pm

• Early pleading considerations
  • Use of affirmative defenses
• Offers of Judgment

Break | 3:00pm – 3:10pm

III. Debt collection litigation (Part II) | 3:10pm – 3:30pm

• Discovery processes and motions practice
• Issues to consider for an appeal

IV. FDCPA developments | 3:30pm – 4:10pm

• Recent case law developments impacting debt collection practices
  • Regulation F developments
  • Loper Bright and its potential impact on FDCPA lawsuits
• Understanding the landscape of FDCPA litigation
• Key defenses and strategies for plaintiffs