How To Prepare For The National Institute On Services Basics

Transcription

1 Reserve Your Space at the Fifth Annual National Institute on Services Basics October 6 7, 2014 University of Maryland Francis King Carey School of Law Baltimore, MD Like Us Follow Us

2 Fifth Annual National Institute on Services Basics October 6 7, 2014 University of Maryland Francis King Carey School of Law Baltimore, MD The recent unprecedented changes to consumer financial services (CFS) law can leave even experienced consumer finance lawyers feeling that it s time to get back into the classroom. This live meeting is designed to expose practitioners to key areas of CFS law, whether you re a CFS novice or simply need a refresher. Get back to the basics with a faculty that combines decades of practical experience with law school analysis. The classroom approach is used to review the history and background of CFS law, cover the fundamental laws that apply, and hear regulators, consumer advocates, and industry representatives discuss the current state of affairs and what s on the horizon. Program Focus Key topics covered in the program will include: Federal preemption and state regulation Truth in lending and disclosure requirements Fair lending and access to financial services Financial privacy and credit reporting Data security, fraud prevention, and identity theft protection Consumer communications: FDCPA, TCPA, TSR, Can-Spam, and Do-Not-Call Asset account regulation Installment credit Mortgage origination and servicing UDAAP Remedies Who Should Attend? Whether you re a private practitioner, in-house lawyer, or government attorney, there s a steep learning curve to understand the basics and changes to CFS law. This program is a great way to jump up that curve for: Private practitioners entering the CFS arena, expanding into a new CFS area, or just wanting a refresher In-house counsel at financial institutions and non-bank financial services providers Government attorneys focused on consumer financial services Compliance officers (who may be, but need not be, attorneys) Visit to register. Presented by Business Law Section Committee on Services University of Maryland Francis King Carey School of Law Baltimore County Bar Association ABA CLE National Institutes bring you face-to-face with nationally recognized experts on substantive topics often while fulfilling most of your annual CLE requirements. Earn up to 14.0 CLE Credits

3 Rates and Faculty Register Now and Save! Save up to $100 when you register before 8/11/14 General Public ABA Members Business Law Section Members Baltimore County Bar Association Members The Bar Association of Baltimore City Members Government Lawyers/Employees Early Bird Rate $1,295 $895 Advance Rate Effective 8/11/14 $1,395 $1,295 $945 Standard Rate Effective 9/8/14 $1,495 $1,395 Fees do not include travel or lodging. Our faculty will include representatives of the Protection Bureau, Federal Trade Commission, consumer advocacy organizations, and academia as well as prominent industry lawyers: CEN4CFS Katherine Armstrong Federal Trade Commission Lynne B. Barr Goodwin Procter, LLP Boston, MA Paul Bland Public Justice Jim Brown Emeritus Professor University of Wisconsin at Milwaukee Milwaukee, WI Julie Caggiano Envoy Mortgage Houston, TX Anastasia V. Caton Hudson Cook, LLP Hanover, MD Lauren E. Campisi McGlinchey Stafford, PPLC New Orleans, LA Angela Cheek* Ellie Mae Irvine, CA Katrina Christakis Pilgrim Christakis LLP Chicago, IL Chuck Cross Senior Vice President Consumer Protection and Non-Depository Supervisor Conference of State Bank Supervisors Ness Feddis American Bankers Association L. Richard Fischer Morrison & Foerster LLP Mark J. Furletti Ballard Spahr LLP Philadelphia, PA Therese G. Franzen Franzen & Salzano Norcross, GA Deepak Gupta Gupta Beck Richard P. Hackett Hudson Cook, LLP Portland, ME Lynette I. Hotchkiss* OneWest Bank N.A. Pasadena, CA Thomas J. Kearney Protection Bureau Rebecca Kuehn CoreLogic, Inc. McLean, VA Ducie Le Federal Reserve Board Malini Mithal Federal Trade Commission Andrea K. Mitchell BuckleySandler, LLP Donna Murphy Office of the Comptroller of the Currency Jean Noonan Hudson Cook, LLP Benjamin K. Olson BuckleySandler, LLP Thomas B. Pahl Protection Bureau Holly Petraeus (Invited) Protection Bureau Ron Raether Faruki Ireland & Cox, P.L.L. Dayton, OH Jessica Rich Federal Trade Commission Nina Simon Nina Simon Law Andrew Smith Morrison & Foerster LLP Heather B. Thayer Thayer Legal Services Minneapolis, MN Nanci Tucker EZCorp Austin, TX Peggy Twohig Protection Bureau Christopher Willis Ballard Spahr, LLP Atlanta, GA *Planning Committee Faculty subject to change without notice.

4 Agenda Day One: Monday, October 6, :00 am Registration 8:00 am Welcome and Introduction Lynette I. Hotchkiss, OneWest Bank N.A., Pasadena, CA Michelle Harner, University of Maryland Francis King Carey School of Law, Baltimore, MD 8:15 8:45 am History and Development of Federal and State Services Laws and Regulations Presenter will discuss the evolution of consumer financial services law, leading us to where we are today. Jim Brown, University of Wisconsin at Milwaukee, Milwaukee, WI 8:45 9:45 am State Regulation of Financial Institutions and Preemption of State Laws Presenter will review federal preemption doctrines, the preemption policy debate in favor of and against a national standard, and how the Dodd-Frank Act affected preemption. Richard P. Hackett, Hudson Cook, LLP, Portland, ME 9:45 10:00 am Break 10:00 11:00 am Meet the Regulators In a moderated question and answer panel, representatives from the primary federal and state regulators of consumer financial protection laws will discuss where each agency fits within the regulatory process, the tools they use, what differentiates one agency from another, and their current focus over the next year. Moderator: Julie Caggiano, Envoy Mortgage, Houston, TX Peggy Twohig, Protection Bureau, Jessica Rich, Federal Trade Commission, Donna Murphy, Office of the Comptroller of the Currency, Ducie Le, Federal Reserve Board, Chuck Cross, Conference of State Bank Supervisors, 11:00 12:00 PM Truth-in-Lending Presenters will address the primary disclosure statutes and regulations for consumer lending, intended to increase consumer knowledge through disclosure, the features of these disclosure regimes, and the future of disclosure as a regulatory technique. Benjamin K. Olson, BuckleySandler LLP, Thomas J. Kearney, Protection Bureau, Agenda subject to change without notice.

5 Agenda Day One: Monday, October 6, :00 1:30 pm Luncheon with Faculty and Guest Speaker Guest Speaker: Holly Petraeus, (Invited) Protection Bureau, 1:30 2:30 pm Fair Lending Presenter will discuss credit discrimination, reviewing the Equal Credit Opportunity Act, Fair Housing Act, Community Reinvestment Act, and the Home Mortgage Disclosure Act. As part of this discussion, presenter will address, and the costs and benefits of regulating access to credit. Jean Noonan, Hudson Cook, LLP, 2:30 3:30 pm Financial Privacy and Credit Reporting Presenters will address the basis and purpose of the Fair Credit Report Act and the regulation of consumer reporting agencies and users and furnishers of consumer report information. They also will discuss key restrictions on the use and disclosure of consumer financial information, including the Gramm-Leach-Bliley Act s privacy provisions and, the Affiliate Marketing Rule. Rebecca Kuehn, CoreLogic, Inc., McLean, VA Ron Raether, Faruki Ireland & Cox P.L.L., Dayton, OH 3:30 3:45 pm Break 3:45 4:45 pm Data Security, Fraud Prevention, and Identity Protection Presenters will discuss federal and state laws requiring financial institutions to safeguard consumer information; laws and rules designed to prevent, detect, and mitigate identity theft and other types of fraud; and the impact of data security breaches on the financial services industry. L. Richard Fischer, Morrison & Foerster LLP, Katherine Armstrong, Federal Trade Commission, 4:45 5:30 pm Ask the Experts Panel Experienced practitioners in the field of consumer financial services law will answer questions about the development of the law over the years, what they have learned, and how they expect things to develop in the future. Moderator: Anastasia Caton, Hudson Cook, LLP, Hanover, MD (Panelists to be made up of faculty members present.) 5:30 pm Reception Agenda subject to change without notice.

6 Agenda Day Two: Tuesday, October 7, :00 8:45 AM Consumer Communications: FDCPA, TCPA, TSR, CAN-SPAM, and Do-Not-Call Presenters will discuss the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act as well as key restrictions on telephone and marketing of consumer financial products and services. Katrina Christakis, Pilgrim Christakis LLP, Chicago, IL Lauren E. Campisi, McGlinchey Stafford, PLLC, New Orleans, LA 8:45 9:45 AM Asset Accounts: Payments, Regulation E, Prepaid Cards Presenters will discuss payment systems and deposit products, including electronic payments, funds availability, and stored value. Presenters will address new developments and possible future regulation of general purpose reloadable prepaid cards. Lynne B. Barr, Goodwin Procter LLP, Boston, MA Mark J. Furletti, Ballard Spahr, LLP, Philadelphia, PA 9:45 10:00 AM Break 10:00 11:00 AM Installment Lending: Payday Loans, Title Loans, Indirect Auto Contracts, and Student Loans Presenters will discuss the regulation of indirect auto credit, student loans, and small dollar loans, such as payday and title loans. The discussion will address the current focus federal regulators are placing on these areas of the consumer financial services arena. Malini Mithal, Federal Trade Commission, Nanci Tucker, EZCORP, Austin, TX Christopher Willis, Ballard Spahr, LLP, Atlanta, GA 11:00 12:00 PM Mortgage Origination and Servicing Presenters will discuss the changing landscape of mortgage lending and servicing, including the many new rules that went into effect at the beginning of this year and those that loom on the horizon. Angela Cheek, Ellie Mae, Irvine, CA Heather B. Thayer, Thayer Legal Services, Minneapolis, MN 12:00 12:45 pm Lunch Breakout Sessions 12:45 1:45 pm UDAAP Presenters will discuss what constitutes unfair, deceptive, or abusive acts or practices in the world of consumer financial products and services and will provide examples of how these standards have been applied in enforcement actions and by the courts. Moderator: Andrew Smith, Morrison & Foerster LLP, Thomas B. Pahl, Protection Bureau, Andrea K. Mitchell, BuckleySandler LLP, Agenda subject to change without notice.

7 Agenda Day Two: Tuesday, October 7, :45 2:00 PM Break 2:00 3:00 pm Remedies and Services Litigation: Administrative, Private, and ADR Presenters will review consumer financial services litigation remedies, dispute resolution systems, and enforcement actions under federal and state law, exploring recent trends in individual and class actions. Therese G. Franzen, Franzen & Salzano, Norcross, GA Nina Simon, Attorney at Law, 3:00 4:00 pm Perspectives on Consumer Finance A panel composed of both consumer advocates and industry representatives will engage in a spirited discussion about the ever-changing landscape of consumer financial services law. Topics will include: the hottest issues for consumers and the industry, trends in the courts and in enforcement actions, what s on the horizon, and how things have changed and will continue to change for consumers and for consumer financial services providers. Moderator: Lynette I. Hotchkiss, OneWest Bank N.A., Pasadena, CA Consumer Advocates: Deepak Gupta, Gupta Beck, Paul Bland, Public Justice, Industry Representatives: Andrew Smith, Morrison & Foerster LLP, Nessa Feddis, American Bankers Association, 4:00 pm Adjourn Agenda subject to change without notice.

8 Registration Form CEN4CFS Step 1: Rates and Course Materials Early Bird Rate Advance Rate Effective 8/11/14 Standard Rate Effective 9/8/14 General Public $1,295 $1,395 $1,495 ABA Members $1,295 $1,395 Business Law Section Members Baltimore County Bar Association Members Government Lawyers/Employees $895 $945 q I qualify for a $50/person group discount. Enter your $50 discount on line 2B. To qualify for a group discount, three or more people must register together. Please call us to register your group or send all registrations in the same envelope. Not applicable to government rate. Section Membership q Enroll me in the Business Law Section for $60. Enter your $60 enrollment on line 2C. Course Materials* Electronic course materials are provided as part of your registration. Printed course materials are available on-site for an additional fee. q Please provide printed course materials for $50. Enter your $50 fee on line 2D. Step 2: Your Total Due Amount Registration Rate (from Step 1) 2A $ Three or More People Registering (from Step 1) 2B $ ($50/person discount. Applicants must register together to receive discount). ABA Business Law Section Membership Enrollment - $60 (from Step 1) 2C $ + Printed Course Materials - Add $50 (from Step 1) 2D $ + Step 3: Your Information Name Total $ Law Firm/Organization Address Suite/Apt. City State Zip Code Telephone ABA Member ID The ABA and many of its entities provide content through . We do not share addresses with anyone outside the ABA. Step 4: Payment Information q ABA Credit Card from Bank of America q Visa q American Express q Check Payable to American Bar Association Name as it appears on Card Account Number Expiration Date Signature * If you cannot attend, but would like to order the Course Materials, please visit us at or or call (800) for pricing and availability. Course materials will be shipped after the event.

9 4 Easy Ways to Register CEN4CFS Visit Call (800) Fax this form to (312) Complete and mail this form: The American Bar Association Financial Services Dept. CEN4CFS P.O. Box Chicago, IL Not an ABA Member? Join Now! MCLE The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NM, NV, NY, NC, ND, OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs. This course is expected to qualify for 14.0 CLE credit hours in 60-minute states, and 16.8 credit hours in 50-minute states. This transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. For more information about CLE accreditation in your state, visit Scholarships For more information on scholarships, visit Attire Business casual attire is appropriate for all activities. Cancellations Cancellations received five business days or more before the program will receive a full refund, less a $50 cancellation fee. No refunds will be provided for cancellations after that date; however, substitute registrants are welcome at any time. To cancel your registration or substitute another individual, please call the ABA at (800) or fax your request to (312) Registrants who do not cancel within the allotted time period and who do not attend the program will receive a copy of the program course materials after program completion. Hotel Information Monaco Baltimore 2 North Charles Street Baltimore, MD Rooms have been reserved for National Institute participants at a discounted rate at the Monaco Baltimore, located just a short walk from the University of Maryland School of Law. Rate: $174 per night plus applicable taxes Reservations: Call or and mention this ABA meeting to receive the group rate. Hotel Deadline: Friday, September 12, 2014 Program Location University of Maryland Francis King Carey School of Law 500 W. Baltimore Street Baltimore, MD (410) Services for Persons with Disabilities If special arrangements are required, please contact Melissa Calahan at (312) or melissa.calahan@americanbar.org. Reasonable advance notice is requested. In-Person Registration If you plan to register in person, please call the ABA at least 24 hours in advance to confirm that the program is being held as scheduled and that space is available. Cash payments will not be accepted. Program Confirmation Written confirmation of your registration will be sent to you upon receipt. If you do not receive the confirmation notice prior to the program, please call the ABA at (800) at least 24 hours in advance to confirm that your registration was received and that the program is being held as scheduled. Airline Information Airline discount codes are available for ABA meetings as follows: American Airlines: Call (800) ; Discount Code: A5414SS Discount NOT available at Delta Airlines: Call (800) ; ABA File Meeting Code: NMFUD Delta Airlines Discount available at Online Meeting Event Code: NMFUD United Airlines: Call (800) ; Agreement Code: , Z Code: ZR45 Discount available at Online Discount Code: ZR Virgin America Airlines: Go to Discount Code: VXABA312 More details at Standing Committee on Continuing Legal Education Under the guidance of the Standing Committee on Continuing Legal Education, the Center for Professional Development administers and produces National Institutes, webinars, other technology-based products, and written course materials to assist lawyers continuing legal education efforts.