Creditors Rights Attorneys • Credit Grantors • FDCPA ... · rights law firms, FDCPA defense...

Network, earn CLE credits, meet exhibitors and stay current with cutting-edge educational content.

2016 Fall Conference The Cosmopolitan of Las Vegas

October 26 - 29

Who Should Attend:• Creditors Rights Attorneys• Credit Grantors• FDCPA Defense Attorneys• Collection / Operations Managers • Buyers / Sellers of Consumer Debt

Schedule at a Glance Wednesday, October 26

Thursday, October 27

Friday, October 28

Saturday, October 29

Registration Hours 9:30 a.m. - 8:30 p.m. 7:00 a.m. - 6:45 p.m. 7:45 a.m. - 6:30 p.m. 8:15 a.m. - 12:45 p.m.

Exhibitor Setup 10:00 a.m. - 1:00 p.m.

Exhibit Hours 1:30 - 6:30 p.m. 7:45 a.m. - 6:00 p.m.

Educational Sessions 9:00 a.m. - 4:15 p.m. 8:30 a.m. - 5:00 p.m. 9:00 a.m. - 12:20 p.m.

Client Meetings (Group Meetings - By Invitation Only) 7:40 a.m. - 5:00 p.m.

Client Meetings (Individual Meetings - By Invitation Only) Noon - 5:00 p.m. 8:00 a.m. - 5:00 p.m.

Networking Events:

• Professional Women in the Collection Industry (PWCI) Cocktail Social

5:30 - 6:30 p.m.

• First Timer & New Member Wine & Cheese Reception 6:30 - 7:30 p.m.

• Welcome Reception (Sponsored by the Defense Bar) 8:00 - 10:00 p.m.

• First Timer & New Member Luncheon (RSVP required) Noon - 1:15 p.m.

• Practice Group Networking Ice Cream & “Adult” Milkshakes Social

3:00 - 4:00 p.m.

• Reception in the Exhibit Hall 5:00 - 6:30 p.m.

• Happy Hour with the Exhibitors 5:00 - 6:00 p.m.

• Friday Night Special Event: Rose. Rabbit. Lie. 7:00 - 10:00 p.m.

Register online now at www.narca.orgFor questions, please email [email protected] or call (202) 861-0706.

EARLY BIRD SAVINGS END SEPTEMBER 13!

2016 Fall Conference The Cosmopolitan of Las Vegas • October 26 - 29

RegistrationConference attendance is limited to NARCA members, attorneys and staff of creditors rights law firms, FDCPA defense attorneys, current approved credit grantors, debt buyers or sellers and affiliated industry trade organizations. Vendors of products and services utilized by collection law firms are encouraged to exhibit. All others who would qualify for NARCA membership or conference registration, as determinded by NARCA’s Executive Director, are first reviewed to ensure they meet NARCA eligibility before registration is approved. NARCA reserves the right to refuse or cancel all ineligible registrations at any time. The conference is a closed conference to ineligible individuals or organizations including the media.

Please register at www.narca.org.

TravelThe Cosmopolitan of Las Vegas is located 3 miles (10+ minutes) from McCarran International Airport. • Estimated taxi or Uber fare is $20 - $30. • Driving from McCarran? Merge onto

Wayne Newton Blvd. and continue onto Swenson St. Turn left onto E Harmon Ave then turn right at Paradise Rd. Make a left turn onto E Flamingo Rd. and then another left turn onto Las Vegas Blvd S. The hotel will be on the right.

Airport TransportationLASxpress Non-Stop Service and Luxury Service are available for NARCA Conference attendees. LASxpress is committed to providing you a convenient stress-free experience. Enjoy the convenience of advance reservations, preprinted boarding passes, potential savings over taxi fare, priority boarding, and on-site airport staff. Visit www.narca.org/page/fall16transit to book your transportation now.

ParkingThe hotel offers free self- and valet parking options based on availability.

About the AreaThe Cosmopolitan of Las Vegas is located near the center of Las Vegas Boulevard, better known as The Las Vegas Strip. World class dining, a spectrum of entertainment options and high-end shopping are a short walk or taxi ride away. Discover more on Vegas.com.

WeatherThe average temperatures for Las Vegas in late October are highs in the mid 70s and lows in the mid 50s.

Dress CodeAll NARCA Conference events are business casual.

NARCA First Timer & New Member Wine & Cheese ReceptionFirst Time Attendees and New NARCA Members are encouraged to socialize at this exciting and beneficial networking event. Join your colleagues for wine, cheese and lively conversation. Don’t forget to bring your business cards!

NARCA First Timer & New Member LuncheonLearn how to make a NARCA Conference work for you, from long term members. RSVP required, as space is limited. Email [email protected] to reserve your spot.

Friday Night Special EventTo be announced. Admission is complimentary for all Full Conference Registrants. Guest tickets may be purchased in advance by contacting [email protected].

The Cosmopolitan of Las Vegas is the Official

Conference HotelBook early!

King Rooms with Terraces and Kitchenettes are just $234*

NARCA has negotiated a special conference rate of $234* (*plus a $15 resort fee) with The Cosmopolitan of Las Vegas, the official conference hotel. Please note: full pre-payment is required when the reservation is made. Cancellations must be received by 4:00 p.m. on September 30 in order to receive a full refund. No refunds will be given after that date.

Enjoy The Cosmopolitan of Las Vegas’ luxury amenities:

• Swim or relax at three distinct pool experiences, with views unlike any others

• Rejuvenate at Sahra Spa and Hammam, The Cosmopolitan’s spacious desert-inspired spa, or one of two fitness centers

• Choose from a dozen dining options with cuisine choices from around the world

• Play in the 100,000 square foot casino• Rock on the rooftop in the Marquis

Nightclub

To avoid potential problems with your hotel reservation, please reserve your rooms through www.narca.org. Contact from any third-party company offering to book your room is not legitimate.

2016 Fall Conference The Cosmopolitan of Las Vegas • October 26 - 29

Exhibitor Opportunities

Limited booth space is still availableNARCA Conferences provide exhibitors the forum to meet qualified prospects in the creditors rights field, attend exceptional educational programs and the opportunity to network with clients, attorneys, credit grantors and collection managers. You will have access to decision makers who are directly responsible for buying and approving purchases on everything from software to financial services. All providers of legal related products and services are encouraged to exhibit. Limited booth space is available. Please visit www.narca.org, or email [email protected] or call (202) 861-0706 for more exhibiting information.

Booth Fees• Standard Booth Location $3,300• Premium Booth Location $4,000

Sponsorship Opportunities

Support of NARCA and its events demonstrates commitment to the practice of creditors rights law. Sponsorship at NARCA Conferences is limited to collection industry vendors, clients and law firms. While NARCA greatly appreciates the support of law firms, NARCA’s policy does not allow law firms to exhibit or advertise at the conferences. Sponsorship of gifts and activities is not considered advertising but as recognition of your support for NARCA’s activities.

To become an exhibitor or sponsor, contact Lisa Linke, NARCA Director of Events at

(202) 861-0706 or [email protected]

YourCompany

Conference Agenda

9:30 a.m. - 8:30 p.m.

Noon - 5 p.m.

1 - 4 p.m.

4:30 - 5:30 p.m.

5 - 7 p.m.

5:30 - 6:30 p.m.

6:30 - 7:30 p.m.

8 - 10 p.m.

NARCA Conference Registration Desk open

Client Individual Meetings (By invitation only)

NARCA Board of Directors Meeting (All NARCA Members welcome)

State Creditors Bar Association Forum

Hubbard Users Group Meeting

Professional Women in the Collection Industry “PWCI” Cocktail SocialPWCI is a fast growing network of professional women in the credit, collection and call center industry. Please join PWCI for their conference social.

NARCA First Timer & New Member Wine & Cheese ReceptionFirst time attendees and “new” NARCA members are encouraged to socialize at this exciting and beneficial networking event. Join your colleagues for wine, cheese and lively conversation. Don’t forget to bring your business cards!

Welcome ReceptionSponsored by the Defense BarJoin your fellow NARCA members for this casual mixer with cocktails, light appetizers and desserts. It’s a great opportunity to reconnect with colleagues you haven’t seen in a while and make new friends.

7 a.m. - 6:45 p.m.

7:40 a.m. - 5 p.m.

8 a.m. - 5 p.m.

8 a.m. - 5 p.m.

9 - 10 a.m.Attorney Practicum

10:15 - 11:15 a.m.Compliance


Client Group Meetings (By invitation only)

Client Individual Meetings (By invitation only)

Refreshments sponsored by WebRecon

Life After Pressler and the Bar on Pre-Judgment DiscoveryThe CFPB found that Pressler engaged in unlawful debt collection litigation by failing to review necessary documentation to support the claims asserted in its complaints and by utilizing client affidavits which, according to the CFPB, Pressler should have known were unreliable. The CFPB also required Pressler to refrain from any pre-litigation discovery although its Findings and Conclusions were silent about such activity. The panel will examine the consent order in more detail, especially the CFPB’s bar on pre-litigation discovery devices and how the bar may impact litigating debt collection cases. Aryeh Derman, Arnold Scott Harris, P.C.Corinne C. Heggie, Heggie Law LLCCharity A. Olson, Olson Law GroupJennifer W. Weller, Hinshaw & Culbertson, LLP

Credit Reporting 101As the economy improves, cases alleging violations of the Fair Credit Reporting Act (“FCRA”) become more prevalent - and more dangerous. The liability exposure can be significant with an FCRA case. This session describes the dos and don’ts of data furnishing and how to handle direct disputes from consumers as to the validity of the debt or as to the information reported to credit reporting agencies. This session will also include how to address disputes that arrive from credit reporting agencies, including how to conduct a reasonable investigation when you receive a dispute of credit information. This session will also discuss how to handle identity theft claims and will focus on avoiding liability under both the FCRA and the Fair Debt Collection

Wednesday, October 26

Thursday, October 27Educational Sessions LegendAttorney PracticumBusiness Practices

ComplianceDefense

EthicsGeneral Session

Operations

Agenda subject to change.

NARCA 2016 Fall Conference

10:15 - 11:15 a.m.Attorney Practicum

Noon - 1:15 p.m.

12:45 - 1:45 p.m.Attorney Practicum

Practices Act relating to credit reporting. Issues with obtaining credit reports, bull’s eyes, and similar credit information will also be addressed. Moderator: Mitchell L. Williamson, Barron & Newburger, P.C.Lauren M. Burnette, Barron & Newburger, P.C.Sydney H. Scheinberg, Godwin Law, P.C.Stephen Turner, Lewis Brisbois Bisgaard & Smith

Subrogation Law for Collection AttorneysThis presentation will provide the collection attorney with a basic understanding of subrogation law and how the handling of subrogation claims can best fit into the business models of NARCA attorneys. Subrogation involves two broad areas of liability: liability based on tort and liability based on contract. The practitioner must determine whether it is best to sue a particular claim under a tort or contract theory and the pros and cons of each including different statutes of limitations, FDCPA and much more. The presentation will also explain how to change the liability theory of the case before suit and will provide a primer for what you need to know to build and grow your subrogation practice. Lee M. Mendelson, Mendelson Law Group

First Timer & New Member Luncheon (RSVP Required)First Time Attendees and “new” NARCA members will enjoy lunch on us, network opportunities and leave with tips on how to make NARCA work for you! A veteran NARCA member will share their insights on how NARCA contributed to the success of their practice and profession. RSVP required, please contact [email protected].

How to Reach, Memorialize and Enforce SettlementsWe all love settlements. How do we negotiate them? What are the best strategies and what are the ethical considerations? How do we protect our client’s interests in a settlement agreement? And, how do we enforce settlements when the defendant defaults? This session focuses on how to approach settlement negotiations strategically and how to prepare the client for negotiation

1:30 - 6:30 p.m.

2 - 3 p.m.Compliance

2 - 3 p.m.Attorney Practicum

offers. Learn how to construct a creative settlement offer and the key elements of a settlement agreement. A presentation of creative approaches to settlement obstacles and what steps to take if defendant breaches the agreement will also be included.Howard B. Weber, Law Office of Howard B. Weber

Exhibit Hall open

Knocking Your Compliance Audits Out of the ParkRegulators and clients expect debt collection attorneys to have robust policies and procedures and to follow them. But how do you know whether they are working? You conduct a compliance audit. A compliance audit ensures that what happens on the collection floor matches the policies and procedures that you spent so many hours drafting. This session will show attendees the steps to audit their own processes, including how to use resources like the CFPB’s Examination Procedures manual to evaluate the firm’s compliance management system (“CMS”) in general & the audit function in particular. The panelists will take attendees through the development of an audit of a firm’s processes, from prioritizing the procedures to test via risk assessment, through requesting documentation, testing, conferring with stakeholders about the results, & preparing a final report. The attendees will then participate in developing an audit questionnaire for a different process.The program will equip attendees to begin or improve their compliance-audit function. Catherine Calko, Bank of AmericaSusan Cowherd, Zwicker & Associates, P.C.Anne Thomas, Cavalry Portfolio ServicesDavid Weimer, Kramer & Frank, P.C.

Medical Debt Collections - Part 2A continuation of Collections 101 from the 2016 Spring Conference, this session will emphasize the practical aspects of a medical collection case. Topics include how to properly place together a medical collection law suit; review of current case law and future direction of medical collection industry; review of federal and state regulatory oversight concerns; how


Conference Agenda

3 - 4 p.m.

3:15 - 4:15 p.m.Defense

4 - 5 p.m.

5 - 6:30 p.m.

and where to obtain clients.Francesco Fabiano, Fabiano Law, P.C.Jeff Friedman, Friedman & Associates, LLC

Practice Group Networking Ice Cream & “Adult” Milkshakes SocialMeeting with colleagues from practice groups including Auto, HOA, Subro, Bankruptcy, Student Loans and others is a lot more fun when ice cream is involved. Enjoy an ice cream bar, a creamy milkshake, or - just at this conference - an adult milkshake! The mixologists at The Cosmopolitan have whipped up some adults-only flavors just for NARCA that will not disappoint!

Hot TopicsPanelists will address up-to-date issues and cases with brief summaries and analysis, encouraging an interactive dialogue with the audience. The session will focus on events and cases likely to affect attendee practices and will discuss methods of adapting to these events. Questions will be encouraged both prior to and during the session. Moderator: Mitchell L. Williamson, Barron & Newburger, P.C.June Coleman, Kronick Moskovitz Tiedemann & GirardJoseph S. Messer, Messer Strickler, LtdArthur Sanders, Barron & Newburger, P.C.

JST Customer Get Together(JST Customers Only)

Cocktail Party in the Exhibit HallIt’s time for cocktails and hors d’oeuvres in the Exhibit Hall. Mingle with fellow members and those who provide products, services and materials that benefit your practice.

7:45 a.m. - 6:30 p.m.

7:45 - 8:30 a.m.

7:45 a.m. - 6 p.m.

8:30 -9:30 a.m.Ethics

9:30 - 9:45 a.m.

9:55 - 10:55 a.m.General Session

10:55 - 11:15 a.m.

11:15 a.m. - 12:15 p.m.General Session

12:15 - 1:30 p.m.

1:30 - 2:30 p.m.Compliance


Breakfast with the Exhibitors

Exhibit Hall open

Effective, Ethical and Compliant Collection of Consumer DebtThis interactive Ethics session is designed to educate and motivate collection lawyers regarding the interplay between CFPB consent orders, Compliance Management, and the rules of professional conduct. Michael H. R. Buckles, Buckles & Buckles, P.L.C.

NARCA Business Meeting

The Road to Regulatory Certainty – Where Are We Today with CFPB RegulationsModerator: Brent Yarborough, Zarzaur & Schwartz, P.C.

Refreshment Break in the Exhibit HallRefreshments sponsored by PG Acquisitions

The State of State Courts: Challenges and Opportunities in an Environment Dominated by Uncomplicated Contract CasesCivil litigation in state courts has changed. Judge Gregory Mize, Judicial Fellow with the National Center for State Courts, will discuss what state court leaders are doing to reduce cost and delay in the delivery of civil justice with special attention to the recent Recommendations of the Conference of Chief Justices’ Civil Justice Improvements Committee.Moderator: Harvey Moore, The Moore Law Group, APCJudge Gregory E. Mize, National Center for State Courts

Lunch in the Exhibit Hall

The Devil Is in the Details: How to Credit Report the Nitty Gritty DetailsYou want to report information to a credit reporting agency, but what information do you report? This follow up session to Credit Reporting 101 deals with the nitty gritty details, including re-aging and what should be the date of delinquency. The session

Thursday, October 27 (cont’d)

Friday, October 28Educational Sessions LegendAttorney PracticumBusiness Practices

ComplianceDefense


Operations



1:30 - 2:30 p.m.Operations

1:30 - 2:30 p.m.Business Practices

will also include who can credit report creditors, debt buyers, collection attorneys, and what happens if more than one entity reports information. This session also includes how to properly report debtors in Chapter 7 and Chapter 13 bankruptcies as well as information about how past due the debtor is. This session will address commercial debt collection, medical debt collection and debt collection of purchased debt. The devil is in the details! Moderator: Sidney Scheinberg, Godwin Law, P.C.Lauren M. Burnette, Barron & Newburger, P.C.June Coleman, Kronick Moskovitz Tiedemann & Girard

Effective Selection and Usage of Data ProvidersClient-mandated risk controls provide an excellent framework for maintaining data provider compliance, but they should not be the end of your diligence. The right data provider, managed well, is an essential part of a successful collections practice. Attendees will be faced with the question: When it comes to the key compliance pillars: Risk Mitigation Framework; Data Security; Credentialing; Policies, Standards, and Guidelines; Audit and Compliance; and Training, Communication, Outreach - do you know where your data vendor stands? Michael Beach, Berndt & Associates, P.C.Anthony Caram, LexisNexis Risk Solutions

Avoiding SOL Pitfalls: It’s More Than Just a DateDebt collectors face significant risks under the Fair Debt Collections Practices Act (FDCPA) when bringing debt collection or recovery actions outside of an applicable statute of limitations period. While the ban against collecting a debt after a statutory period has expired may sound like a straightforward requirement, it is an arduous constraint in practice as relevant statutes of limitations are sometimes difficult to ascertain and analyze. This panel discussion will provide an overview of the various state laws regarding borrowing statutes, claim accrual, distinctions between oral or written contracts, tolling rules, and whether statutes of limitations are considered

1:30 - 2:30 p.m.Defense

2:40 - 3:40 p.m.Compliance

procedural or substantive law as well as a discussion of recent Consumer Financial Protection Bureau (CFPB) enforcement actions regarding attempts to collect stale debt. The panel will then engage in an interactive discussion regarding best practices for implementing a workable system for determining the applicable SOL period, relevant risks, and the importance for creditors to oversee its network of debt collection attorneys to ensure they do not attempt to sue on time-barred debt. Steven H. Brogan, Drinker Biddle & Reath, LLPJR Pruden, Capital OneNolan B. Tully, Drinker Biddle & Reath, LLP

Bad Choices Make Bad Law: Deciding When to Seek a Ruling or Take an AppealAll too often collection attorneys read a bad decision and then ask why anyone would have sought that decision. This presentation will address: risk/reward analysis; making a good record; case selection; court selection; and seeking amicus curiae assistance.Moderator: Tomio B. Narita, Simmonds & Narita, LLPAndrew M. Asch, Midland Credit Management, Inc.Manuel H. Newburger, Barron & Newburger, P.C.Kenneth Wake, Blatt, Hasenmiller, Leibsker & Moore, LLC

Treacherous Traps: How the Ordinary Collection Lawsuit Can Become an Extraodinary DisasterPresenters will explore the ordinary collection lawsuit from start to finish and identify common pitfalls that can result in costly follow-on consumer litigation. From choosing venue to post judgment remedies, the presenters will walk through a collection action step-by-step and discuss commonly advanced claims by consumers at all stages of a collection case. Learn about recent case law arising from allegations of collection action malfeasance and protect your firm from becoming a consumer target. Can you cure a venue violation? Are your requests for admission misleading to the least sophisticated consumer? Is your client’s voluntary dismissal unconscionable? We will answers these questions, and more!John H. Bedard, Bedard Law Group, P.C.


Conference Agenda

2:40 - 3:40 p.m.Operations

2:40 - 3:40 p.m.Business Practices

Andrew M. Schwartz, Marshall Dennehey Warner Coleman

& Goggin, P.C.Nicole M. Strickler, Messer Strickler, Ltd

Building Teams on Fire in a Multi-Generational WorkforceOnce upon a time, you dreamed of being an entrepreneur, owning your own company, and working for yourself. Fast forward to today: you are working for yourself and you’re working for a maniac! To-do items, emails, and phone messages are piling up and you’re cracking under the load of business you created. You need Freedom Teams and Freedom Systems, the people and processes to keep you “in the air” doing what you do best. Learn how to build a team that complements your strengths and compensates for your weakness, and how to build systems to automate and optimize your performance. You can build a powerful team that is “on fire” and deeply engaged, comprised of the right personnel with the right skills. With effective training and management, you can make everyone’s job easier and your company more successful. When your Freedom Team is working together, your business more naturally produces results. Create a Path of Ascension for employees, empower them to “own” their roles, and implement measures to keep them fulfilled and excited. Jon Goldman, Brand Launcher

Understanding Merchant Costs & Convenience Fees An understanding of payment processing is essential to finding the right partner for your processing needs. Explore interchange, common pricing models, and the use of convenience fees to offset transaction processing costs. With all of the changes in regulation and

2:40 - 3:40 p.m.Defense

3:40 - 4 p.m.

4 - 5 p.m.Compliance

information, chances are some of what you’ve heard and thought to be true are nothing more than myths.David Lippman, Lippman & ReedLaurie Nelson, PaymentVisionEugene O’Rourke, PaymentVision

Defend or Settle: It Shouldn’t Be a Roll of the DiceThe first issue that every party involved in a consumer based lawsuit must resolve is whether or not they want to settle the case or whether they want to take the case to trial. Often this is a very difficult decision, especially when considerations of fee shifting come into play. Sometimes the best course is to settle early and avoid the expense of litigation. Other times, a claim merits fighting the good fight. The purpose of this presentation will be to discuss the decision-making process that every attorney and client must go through when faced with a consumer lawsuit. What kinds of cases should you settle? What kinds of cases do you want to fight? What are the ethical implications for counsel? As part of the presentation, we will examine other avenues for resolution of cases such as Rule 68 offers of judgment, ADR and summary judgment. We will also examine how courts have addressed fee petitions in relation to offers of judgment and post-trial fee awards. The presenter intends to seeks audience participation to provide insight into the factors individual attorneys and collectors have considered in deciding whether to fight or settle, and the after effects of those decisions. Justin Penn, Hinshaw & Culbertson, LLPJason G. Wehrle, Mintzer Sarowitz Zeris Ledva & Meyers, LLP

Refreshment Break in the Exhibit HallRefreshments sponsored by PG Acquisions

Regulation by EnforcementThe CFPB’s wave of recent consent orders impose numerous compliance challenges on creditors, debt buyers and collection law firms. Although supposedly limited to their facts (and often the result of intense pressure on targets to settle), consent orders are intended as guides to all participants in the marketplace. These unwritten

Friday, October 28 (cont’d)

Educational Sessions LegendAttorney PracticumBusiness Practices

ComplianceDefense


Operations



4 - 5 p.m.Business Practices

5 - 6 p.m.

6 p.m.

7 - 10 p.m.

“rules” relate to data integrity, dispute handling, affidavit accuracy and the “meaningful involvement” of attorneys. It is clear that CFPB expects both law firms and clients to share these compliance responsibilities. In this session, the Chief Compliance Officer of a major debt buyer and two defense attorneys will discuss what the CFPB expects from law firms, and how you can work with your clients as part of being “meaningfully involved” in the collection of accounts.Travis Campbell, Simmonds & Narita, LLPKatrina Christakis, Pilgrim Christakis LLPAnne Thomas, Cavalry Portfolio Services

Will That Be Cash, Check or Charge? This session will evaluate and discuss the law and cases regarding taking payments from consumers, including the Electronic Funds Transfer Act, the Electronic Signature Act, post-dated checks, on-line payment portals, and PCI Compliance among others. Come learn how to design compliant policies and procedures taking into account the regulator’s concerns and common plaintiff’s bar claims so that you can increase payments and decrease law suits. Joshua Dickinson, Spencer Fane LLPKelly Knepper-Stephens, Stoneleigh Recovery

Associates, LLCNicole M. Strickler, Messer Strickler, Ltd

Happy Hour with the ExhibitorsIt’s closing time in the Exhibit Hall, so share a drink with the exhibitors before they say goodbye to another successful NARCA Conference.

Exhibits close

Friday Night Special EventDetails to be announced.

8:15 a.m. - 12:45 p.m.

8:15 - 9 a.m.

9 - 10 a.m.Defense

10:10 - 11:10 a.m.Defense


Buffet Breakfast

It’s All About the Fees: Get Yours and Defend Against TheirsIf you have ever asked “How can I get my attorney’s fees from the lawyer that sued me?” then you should plan to attend this session. It is no accident that attorney’s fees are the centerpiece of consumer litigation. Fee-shifting clauses are deliberately included in statutes by Congress and state legislatures to give consumer attorneys an incentive to sue creditors and collectors. But how can a defendant best position themself to recover fees from the consumers or the attorneys who have sued them? And how can a defendant reduce their exposure to attorney’s fees if the consumer prevails? In this session, two experienced defense attorneys will discuss strategies for recovering attorney’s fees from your opponent, and for reducing your exposure to fees that they can recover from you. Tomio B. Narita, Simmonds & Narita, LLPManuel H. Newburger, Barron & Newburger, P.C.Brent Yarborough, Zarzaur & Schwartz, P.C.

The Supreme Court’s Trilogy on Consumer Law - Gomez, Spokeo and Gillie - How Will These Opinions Affect Your Practice? The Supreme Court’s decisions in Spokeo, Gillie and Gomez are expected to have a significant impact on statutory claims brought by consumers. This presentation will review the significant portions of all three decisions. We will also discuss how courts from around the country have been interpreting and applying these decisions.Jonathan M. Robbin, Blank Rome LLPJohn Ryan, Hinshaw & Culbertson, LLPKeith Wier, Maurice Wutscher, LLP


Saturday, October 29

Conference Agenda

11:20 a.m. - 12:20 p.m.Ethics

12:20 p.m.

Ethics in the CFPB EraThis attorney ethics session applies the newest developments in the professional ethics rules as well as the ABA and state bar ethics opinions to the everyday decisions and situations facing creditors rights attorneys. The CFPB Consent Orders, looming debt collection rulemaking, and state legislative efforts to reform local court rules - especially with impact on the meaningful involvement standard - only heighten the ethical standards of practice in this field. Whether a member of a creditors rights firm or in-house counsel for a creditor, this session will review the Model Rules of Professional Conduct to ensure your everyday practices meet and exceed your ethical obligations. David Kaminski, Carlson & Messer LLPKelly Knepper-Stephens, Stoneleigh Recovery

Associates, LLC

NARCA Conference adjourns

Saturday, October 29 (cont’d)

Educational Sessions LegendAttorney PracticumBusiness Practices

ComplianceDefense


Operations

The following clients will also be onsite at the conference hosting individual meetings:

• AACA• ARSI• Bank of America• Cavalry Portfolio Services• Portfolio Recovery Associates

Thursday, October 27 7:40 - 8:10 a.m. Credit Acceptance Corp.9:00 - 9:30 a.m. Capital One9:40 - 10:10 a.m.

Midland Credit Management / Encore Capital Group

10:20 - 10:50 a.m.

InvestiNet, LLC

11:00 - 11:30 a.m.

Discover Products Inc.

11:40 a.m. -12:10 p.m.

CenterPoint Legal Solutions

4:20 - 4:50 p.m. Ford Motor Credit Company, LLC

Client Meeting Schedule (By Invitation Only)


Wednesday, October 26 4:30 - 5:30 p.m. Harvest Strategy Group/

GM Financial

EARLY BIRD SAVINGS END SEPTEMBER 13!

Register online now at www.narca.org

For questions, please email [email protected] or call (202) 861-0706.


2018 Spring Conference JW Marriott, Austin, TXMay 16-19

2018 Fall Conference Omni Nashville Hotel, Nashville, TNOctober 3-6

2017 Spring Conference JW Marriott, Orlando, FLMay 17-20

2015 Fall Collection Conference Marriott Marquis, Washington, DCOctober 14-17

NARCANARCA

2017 Fall Conference Marriott Marquis Washington, DCOctober 11-14

Upcoming NARCA Conferences & Sponsors

NARCA 2016 Fall ConferenceOctober 26-29, 2016 • The Cosmopolitan of Las Vegas

REGISTRATION FEES

Conference Registrants: By Sept. 13 After Sept. 13 After Oct. 21 Attorney Member $895 $975 $1,035 Attorney Non-Member $1,495 $1,625 $1,725

Credit Grantors/Clients: $695 $760 $805Collection Staff Only (non-attorney): Member $795 $865 $920 Non-Member $1,325 $1,435 $1,525

Social Guests:Full Social Guest* $295 $325 $350Wed. Reception* $60 $70 $75Thurs. Reception* $60 $70 $75The Friday Night Event $85 $95 $100 *Guests must accompany a full registrant and may not be in the collections field.

Registration Sponsor

Register online at www.narca.org

Questions: [email protected] (877) 843-0887

Conference attendance is limited to NARCA members, attorneys and staff of creditors rights law firms, FDCPA defense attorneys, current approved credit grantors, debt buyers or sellers and affiliated industry trade organizations. All others who would qualify for NARCA membership or conference registration, as determinded by NARCA’s Executive Director, are first reviewed to ensure they meet NARCA eligibility before registration is approved. NARCA reserves the right to refuse or cancel all ineligible registrations at any time. The conference is a closed conference to ineligible individuals or organizations including the media.

NARCA 2016 Fall Conference *Sponsors as of 8/8/2016

Rate Chart and Sponsors

Defense Bar SponsorsBarron & Newburger, P.C.

Kronick Moskovitz Tiedemann & GirardMaurice Wutscher LLP

Messer Strickler, LtdSimmonds & Narita LLP

Thank you to the NARCA 2016 Fall Conference Sponsors*

National Corporate Sponsor

Creditors Rights Attorneys • Credit Grantors • FDCPA ... · rights law firms, FDCPA defense...

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Transcript of Creditors Rights Attorneys • Credit Grantors • FDCPA ... · rights law firms, FDCPA defense...