Reserve Your Space at the Third Annual National Institute on Consumer Financial Services Basics Like Us www.facebook.com/americanbarassociation Follow Us www.twitter.com/abaesq October 8-9, 2012 American University
Third Annual National Institute on Consumer Financial Services Basics October 8-9, 2012 American University Facing the most comprehensive revision of federal consumer financial services (CFS) law in 75 years, even experienced consumer finance lawyers might feel it is time to get back in the classroom. This live meeting is designed to expose practitioners to key areas of consumer financial services law, whether you need a primer or a refresher. It is time to take a step back and think through some of these complex issues with a faculty that combines decades of practical experience with law school analysis. The classroom approach is used to review the background, assess the current policy factors, step into the shoes of regulators, and develop an approach that can be used to interpret and evaluate the scores of laws and regulations that affect your clients. Program Focus This program will explain each of the major sources of regulation of consumer financial products in the context of the regulatory techniques and policies that are the common threads in a complex pattern, including: Price regulation and federal preemption of state price limitations Truth in lending and disclosure requirements Marketing, advertising and unfair or deceptive conduct Account servicing and collections Regulating the fairness of financial institution conduct Data security, fraud prevention and identity protection Consumer reporting: FCRA & FACT Act Fair lending and fair access to financial services Remedies: regulators and private plaintiffs Regulatory and legislative priorities for 2012 and beyond Who Should Attend The learning curve for private practitioners, in-house lawyers and government attorneys to understand the basics and changes to CFS law is very steep. This program is a great way to jump up that curve for: Private practitioners with 1-10 years of experience who focus on CFS products or providers In-house counsel at financial institutions and non-bank lenders Government attorneys in financial practices regulatory agencies Compliance officers (who may be, but need not be, attorneys) Visit www.ambar.org/2012consumer to register. Presented by Business Law Section Committee on Consumer Financial Services American University, 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 12.75 CLE Credits
Rates and Faculty Register Now and Save! Save up to $180 when you register before 8/13 Early Bird Rate Advance Rate Effective Aug. 13 Standard Rate Effective Sept. 10 General Public $1,495 ABA Members Business Law Section Members $1,095 Government Lawyers/Employees $895 $945 Fees do not include travel or lodging. Our faculty will include representatives of the Consumer Financial Protection Bureau, Federal Trade Commission, consumer advocacy organizations, and academia as well as prominent industry lawyers: Lynne B. Barr Goodwin Procter LLP Boston, MA James L. Brown Professor Emeritus University of Wisconsin-Milwaukee Milwaukee, WI Leonard N. Chanin Morrison & Foerster LLP Katrina Christakis Grady Pilgrim Christakis Bell LLP Chicago, IL Patrice Ficklin (invited) Assistant Director, Fair Lending Consumer Financial Protection Bureau Richard P. Hackett Assistant Director, Liquidity and Installment Markets Consumer Financial Protection Bureau Donald C. Lampe Dykema Gossett, PLLC Charlotte, NC Ken Markison Associate Vice President and Regulatory Counsel Mortgage Bankers Association Maneesha Mithal Associate Director, Privacy and Identity Protection Federal Trade Commission Jeffrey Naimon BuckleySandler LLP Agnes Bundy Scanlan Senior Advisor Treliant Risk Advisors Nina Simon Director of Litigation Center for Responsible Lending Andrew M. Smith Morrison & Foerster LLP Peggy Twohig Assistant Director, Non-Bank Supervision Consumer Financial Protection Bureau David Vladeck Director, Bureau of Consumer Protection Federal Trade Commission L. Richard Fischer Morrison & Foerster LLP Therese G. Franzen Franzen & Salzano Norcross, GA Michael Goodman Hudson Cook, LLP Laurence E. Platt K&L Gates LLP Tony Rodriguez Attorney, Privacy and Identity Protection Federal Trade Commission Ralph Rohner Professor of Law Columbus School of Law of The Catholic University of America Joel Winston Hudson Cook, LLP Bethany Zorc Counsel U.S. Senate Committee on Banking, Housing, and Urban Affairs * Planning Committee Faculty subject to change without notice.
Agenda Day One: October 8, 2012 7:00a.m. 8:00a.m. 8:15a.m. 9:30a.m. Registration Introduction Jim Brown, University of Wisconsin, Milwaukee, WI Andrew Smith, Morrison & Foerster LLP, Welcome Dean Claudio M. Grossman, American University, Washington College of Law, Washington DC History and Development of Federal and State Consumer Financial Services Regulatory Framework Jim Brown, University of Wisconsin, Milwaukee, WI Ralph Rohner, Columbus School of Law of The Catholic University of America, Presenters will discuss the evolution of consumer financial service law, the purpose of regulation, the major statutes, regulators, products, and resources available. 9:30a.m. 10:30a.m. Data Security, Fraud Prevention and Identity Protection L. Richard Fischer, Morrison & Foerster LLP, Maneesha Mithal, Federal Trade Commission, 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. 10:30a.m. 10:45a.m. Break 10:45a.m 11:45a.m. Financial Privacy and Credit Reporting Tony Rodriguez, Federal Trade Commission, Andrew Smith, Morrison & Foerster LLP, Presenters will address key restrictions on the use and disclosure of consumer financial information, including the Gramm-Leach-Bliley Act s privacy provisions, the California Financial Information Privacy Act, and the Affiliate Marketing Rule. They also will discuss the basis and purpose of the Fair Credit Report Act and the regulation of consumer reporting agencies, users of consumer report information, and furnishers of consumer report information. 11:45a.m. 1:15p.m. Luncheon with Faculty and Guest Speaker Speaker: David Vladeck, Director, Bureau of Consumer Protection, Federal Trade Commission, 1:15p.m. 2:45p.m. Truth-In-Lending Leonard Chanin, Morrison & Foerster LLP, Laurence E. Platt, K&L Gates LLP, Presenters will address primary consumer financial services statutes and regulations intended to increase consumer knowledge through disclosure, the features of these disclosure regimes, and the future of disclosure as a regulatory technique. 2:45p.m. 3:00p.m. Break 3:00p.m. 4:00p.m. Advertising, Marketing & Sales Practices: TSR, TCPA, CAN-SPAM, UDAAP Michael Goodman, Hudson Cook, LLP, Joel Winston, Hudson Cook, LLP, Presenters will address key restrictions on telephone and email marketing, as well as general prohibitions on unfair and deceptive conduct, and how these regulations affect companies that offer financial products and services. Presenters also will discuss the new abusive conduct standard, and how that might be implemented by financial regulators to regulate marketing and sales in the future. 4:00p.m. 4:15p.m. 4:15p.m. 5:30p.m. 5:30p.m. Break Servicing and Collections: FDCPA, SCRA, Mortgage Issues, More UDAAP Katrina Christakis, Grady Pilgrim Christakis Bell LLP, Chicago, IL Donald C. Lampe, Dykema Gossett PLLC, Charlotte, NC Presenters will discuss the regulation of account servicing, including the service members civil relief act and servicing practices that have been found to be unfair, with a special focus on the issues presented by mortgage servicing. Presenters also will discuss the federal and state regulation of third-party debt collectors, and the potential future regulation of abusive servicing and collections practices. Reception Agenda subject to change without notice.
Agenda Day Two: October 9, 2012 8:00a.m. 9:00a.m. State Regulation of Financial Institutions and Preemption of State Laws Richard P. Hackett, Deputy Assistant Director, Consumer Financial Protection Bureau, Presenter will review federal preemption doctrines, the preemption policy debate in favor of and against a national standard, the pre-cfpb rules governing preemption, and Dodd-Frank substantive and procedural rules on preemption. 9:00a.m. 10:15a.m. Fair Lending Patrice Ficklin, Consumer Financial Protection Bureau, Jeffrey Naimon, Buckley Sandler LLP, Presenters will discuss credit discrimination, reviewing the Equal Credit Opportunity Act, Fair Housing Act, Community Reinvestment, and the Home Mortgage Disclosure Act. As part of this discussion, presenters will address credit evaluations systems, and the costs and benefits of regulating access to credit. 10:15a.m. 10:30a.m. Break 10:30a.m. 11:30a.m. Asset Accounts: Payments, Regulation E, Prepaid Cards Lynne Barr, Goodwin Procter LLP, Boston, MA Agnes Bundy Scanlan, Treliant Risk Advisors, 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. 11:30a.m. 1:00p.m. Lunch 1:00p.m. 2:15p.m. Remedies and Consumer Financial Services Litigation: Administrative, Private and ADR Therese G. Franzen, Franzen & Salzano, Norcross, GA Nina Simon, Director of Litigation, Center for Responsible Lending, 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. 2:15p.m. 3:30p.m. What to Expect: Regulatory Priorities, Congressional Priorities Ken Markison, Mortgage Bankers Association, Peggy Twohig, Consumer Financial Protection Bureau, Bethany Zorc, Senate Banking Committee, Presenters will review possible future priorities of financial regulators and Congress, including mortgage origination and servicing reforms, credit cards, prepaid cards, and overdraft protection. Presenters also will discuss supervision, rulemaking and enforcement policy, and the manner in which financial regulators are likely to operate in the future. 3:30p.m. Adjourn Agenda subject to change without notice.
Registration Form Step 1: Rates and Course Materials General Public ABA Members Business Law Section Members Government Lawyers/Employees Early Bird Rate $895 Advance Rate Effective Aug. 13 $1,095 $945 Standard Rate Effective Sept. 10 $1,495 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 on-site as part of your registration. Printed course materials are available on-site for an additional fee. q Please provide printed course materials on-site 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 (from Step 1) 2C $ + Printed Course Materials (from Step 1) 2D $ Total $ Step 3: Your Information Name Law Firm/Organization Address Suite/Apt. City State Zip Code Telephone Email ABA Member ID The ABA and many of its entities provide content through email. We do not share email addresses with anyone outside the ABA. Step 4: Payment Information q ABA Credit Card from Bank of America q Other Credit Card Name as it appears on Card q Check Payable to American Bar Association Account Number Expiration Date Signature * If you cannot attend, but would like to order the Course Materials, please visit us at www.ambar.org/2012consumer or call (800) 285-2221 for pricing and availability. Course materials will be shipped after the event.
4 Easy Ways to Register Visit www.ambar.org/2012consumer Call (800) 285-2221 Fax this form to (312) 988-5850 Complete and mail this form: The American Bar Association Financial Services Dept. CEN2CFS P.O. Box 109078 Chicago, IL 60654-7598 Not an ABA Member? Join Now! www.ambar.org/join MCLE ABA programs ordinarily receive CLE credit in AK, AL, AR, AZ, CA, CO, DE, FL, GA, GU, HI, IA, ID, IL, IN, KS, KY, LA, ME, MN, MS, MO, MT, NH, NM, NV, NY, NC, ND, OH, OK, OR, PA, RI, SC, TN, TX, UT, VT, VA, VI, WA, WI, WV, and WY. These states sometimes do not approve a program for credit before the program occurs. This course is expected to qualify for 12.75 CLE credit hours in 60-minute-hour states, and 15.3 credit hours in 50-minute-hour states. This transitional program is approved for both newly admitted and experienced attorneys in NY and is expected to qualify for 14.0 CLE credit hours in NY. For more information about CLE accreditation in your state, visit www.ambar.org/2012consumer. Scholarships For more information on scholarships, visit www.americanbar.org/groups/cle/scholarship. 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) 285-2221 or fax your request to (312) 988-5850. 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 ABA members should visit www.americanbar.org/travel and click under the Preferred Rate Hotel Program link to check for ABA rates at hotels. Services for Persons with Disabilities If special arrangements are required, please contact Courtney Anderson at (312) 988-6210 or courtney.anderson@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) 285-2221 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) 433-1790 and mention code A7112TT United Airlines: Call (800) 426-1122 and mention Agreement Code 648816 and Z Code ZMVB Virgin America Airlines: Go to www.virginamerica.com and mention code VXABA More details at www.americanbar.org/travel. Standing Committee on Continuing Legal Education Under the guidance of the Standing Committee on Continuing Legal Education, the Center for Continuing Legal Education administers and produces National Institutes, webinars, teleconferences, other technology-based products and written course materials to assist lawyers continuing legal education efforts.