2016 consumer rights litigation conference agenda · 2016 consumer rights litigation conference....

Course Levels: ABC || Beg.—Beginner || Int.—Intermediate || Adv.—Advanced

Agenda is subject to change to accommodate speaker availability. See www.nclc.org for latest agenda, speaker bios, & breakout course descriptions.

2016 Consumer Rights Litigation Conference

Agenda

Wednesday, October 19, 2016 5:00pm-7:00pm

Early Conference Registration & Web App. Support - Beat the Thursday morning crowd: California Foyer

6:00pm-7:30pm Debate Watching Party with Cash Bar: Huntington ABC 7:30pm-8:15pm Volunteer Training: Huntington ABC

Main Conference (Thursday-Saturday)

Thursday, October 20, 2016 7:00am-5:30pm Conference Registration & Web App. Support: California Foyer 7:30am-5:00pm Exhibitor Tables: California Foyer 7:30am-9:00am Continental Breakfast sponsored by Edelman, Combs, Latturner & Goodwin, LLC: California Promenade 7:30am-9:00am Breakfast for First Timers sponsored by Burke Law Office: Sunset Deck BREAKOUTS

9:00am-10:00am BREAKOUT A A1 Foreclosure Flowchart (ABC): California B Linda Jun (MFY Legal Services), Sarah Bolling Mancini (NCLC), Steve Sharpe (Legal Aid Society of Southwest Ohio) A2 Pleading & Proving Actual Damages in Consumer Cases (Int.): California C

John Heenan (Bishop & Heenan, LLC) & Kim Wilson ( Morrison, Sherwood, Wilson & Deola, PLLP) A3 Medical Debt: Using IRS & State Charity Care Regulations to Protect Consumers (Beg.): Palos Verdes Matt Geyman (Columbia Legal Services), Chi Chi Wu (NCLC) A4 Electronic Repossession (Int.): San Simeon John Van Alst (NCLC) A5 Payday & Installment Loans: State & Federal Policy Updates (Int.): California A Yolanda McGill (Consumer Financial Protection Bureau), Lauren Saunders (NCLC), & Lisa Stifler (Center for Responsible Lending)

10:15am-11:15am BREAKOUT B

http://www.nclc.org/images/pdf/conferences_and_webinars/crlc2016/crlc-agenda.pdf



B1 ABCs of the RESPA & TILA Mortgage Servicing Rules (ABC): California D Cathy Lesser Mansfield (Drake University School of Law), Lisa Sitkin (Housing &Economic Rights Advocates) B2 Debt Relief: Nuts & Bolts of Litigating Debt Relief Scams (Beg.): California C James W. Hurt Jr. (Hurt Stolz P.C.), Heidi N. Miller (DeLadurantey Law Office, LLC) B3 Lost in Translation: Language Access LEP Roundtable (Int.): San Simeon Arlyn Escalante (Rosner, Barry & Babbitt LLP), Loraine Martinez (Connecticut Fair Housing Center), & Alysson Snow (Legal Aid Society of San Diego) B4 ABCs of FCRA (ABC): California A

Suzanne Begnoche (Law Office of Suzanne Begnoche) B5 Intro to Student Loans: Stopping Involuntary Collection (Beg.): California B Robyn Smith (NCLC), Persis Yu (NCLC)

11:15-11:30am Coffee Break: California Promenade

11:30am-12:30pm

P1: Opening Plenary–Perspectives From the Other Side of the Bench: A Conversation with Judges Gandhi and Kenton. California C&D. Sponsored by Terrell Marshal Law Group

Judge Jay C. Gandhi & Honorable Victor B. Kenton (Ret.)

12:30pm-2:00PM CFPB Payday and Installment Loan Listening Session: Palos Verdes

12:30pm-2:00pm

Thursday Networking Group Luncheons or Lunch on Your Own

2:00pm-3:30 pm BREAKOUT C

C1 FCRA Developments (Int.): California C

Jim Francis (Francis & Mailman, P.C.), Anthony Rodriguez (Consumer Financial Protection Bureau) & Richard J. Rubin (Law Office of Richard J. Rubin) C2 Litigating Against Distressed Mortgage Purchasers (Adv.): California D

Tara Twomey (NCLC), Noah Zinner (Housing & Economic Rights Advocates) C3 ABCs of TILA (Non-Mortgage, Fixed Term) (ABC): California A

Mallam J. Maynard (Financial Protection Law Center), Elizabeth Renuart (NCLC) C4 Funding Consumer Work in a Legal Services Program (Int.): California B

Craig P. Barnes (Memphis Area Legal Services, Inc.), James A. Kowalski (Jacksonville Area Legal Aid) C5 Car Dealers, Software, E-Signatures, & Electronic Records in Auto Cases (Int.): Palos Verdes

John Van Alst (National Consumer Law Center) 3:30pm-3:45pm Coffee Break: California Promenade 3:45pm-5:00pm BREAKOUT D D1 ABCs of Debt Defense (ABC): California D

Peggy Jurow (Jurow & Schore, LLC), Alysson Snow (Legal Aid Society of San Diego) D2 Bringing Your First (or Next) Credit Discrimination Case (Beg.): California B

Rachel Geman (Lieff, Cabraser, Heimann, & Bernstein, LLP), Sara Manaugh (Queens Legal Services)




D3 How to Successfully Litigate Claims in Arbitration (Int.): California A Ray Gallo (Gallo LLP), Ronald Wilcox (Wilcox Law Firm, P.C.) D4 Property Inspections & Other Third-Party Vendor Functions (Int.): Palos Verdes

Omar Barraza (Barraza Law PLLC), Clay M. Gatens (Jeffers, Danielson, Sonn & Aylward, P.S.) D5 Class Action Roundtable (Int.): California C

Charles Deblaum (NCLC), Scott Nelson (Public Citizen Litigation Group), Stuart Rossman (NCLC), & Ariana Tadler (Milberg LLP)

5:15pm-6:15pm P2: Plenary- The Future of Mandatory Arbitration Clauses. California D-Sponsored by Nichols Kaster, LLP Paul Bland (Executive Director, Public Justice) Rising Star Awards Given

6:30pm-8:00pm

Welcome Reception in the Grand Plaza–Sponsored by The Anaheim Host Committee

Friday, October 21, 2016

7:30am-8:30am Conference Registration & Web App. Support: California Foyer 7:30am-5:00pm Exhibitor Tables: California Foyer

7:30am-8:30am Continental Breakfast: California Promenade 7:30am-8:30am Women’s Breakfast on the Sunset Deck –Sponsored by Stacy Bardo, Nancy Barron, Elizabeth Cabraser. E. Michelle Drake, Mary Fons, Mary Philipps, Stephanie Tatar, Beth Terrell, Janet R. Varnell 8:30am-9:15am P3: Plenary–Report from Washington D.C.: California D Ira Rheingold (Executive Director, NACA) & Lauren Saunders (Associate Director, NCLC)

9:30am-10:45am BREAKOUT E E1 Litigating Servicing Cases: Preparing & Presenting Mortgage Misconduct at Trial (Int.): California C John Heenan (Bishop & Heenan Law Firm), Phillip Robinson (Consumer Law Center, LLC) E2 New Frontiers: FCRA Litigation Against Lesser-Known CRAs (Beg.): California B

Jim Francis (Francis & Mailman, P.C.), Kristi C. Kelly (Kelly & Crandall, PLC) E3 Legal Ethics, Consumer Advocacy, & Living a Eudaimonic Life (Beg.): California A

Dan Blinn (Consumer Law Group, LLC) E4 Court Debts I: Representing Clients with Court Debts (Beg.): San Simeon

Alex Kornya (Iowa Legal Aid), David Seligman (NCLC; Towards Justice), Abby Shafroth (NCLC), & Rhona Taylor (Columbia Legal Services) E5 Insurance Claims in Auto Cases (Int.): Palos Verdes

Jane Santoni (Williams & Santoni, LLP)




10:45am-11:00am Coffee Break: California Promenade 11:00am-12:15pm BREAKOUT F F1 Developing a Student Loan Practice (Beg.): California A

Joshua Cohen (Cohen Consumer Law), Adam Minsky (Law Office of Adam S. Minsky), Shanna Tallarico (New York Legal Assistance Group) F2 Post-Chapter 13 Mortgage Problems (Int.): California D

Henry Hildebrand III (Chapter 13 Trustee), John Rao (NCLC), Rachel Scott (Atlanta Legal Aid Society)

F3 Meet the Defense: Former CRA Attorneys Speak (Adv.): California C

Len Bennett (Consumer Litigation Associates, P.C.), Craig E. Bertschi ( McRae Bertschi, LLC), G. John Cento (Cento Law LLC), & Mara McRae (McRae Bertschi, LLC) F4 Ethics & Professionalism in Consumer Litigation: A Practical Approach (Beg.): California B Susan M. Rotkis (Consumer Litigation Associates, P.C.), Robert Sola (Robert S. Sola, P.C.) F5 Marketplace Lenders, Fintech, & New Payday Rent-A-Bank Relationships (Int.): Palos Verdes Lauren Saunders (NCLC), Margot Saunders (NCLC), Adam Wright (Calif. Dept. of Business Oversight)

12:15pm-1:45pm Advocates of Color Lunch on the Pacific A

12:15-1:45PM PACE Loans and Other Home Energy Financing Brownbag lunch: San Simeon Friday Networking Group Luncheons/Lunch on Your Own

1:45pm-3:00pm BREAKOUT G G1 Telephone Consumer Protection Act Developments (Int.): California D Alex Burke (Burke Law Offices, LLC), Keith Keogh (Keogh Law LTD), Margot Saunders (NCLC), & Mark Stone (Federal Communications Commission), G2 Tax 1: Taxation of Damages & Settlements in Consumer Cases with Emphasis on Cancelled Debt (Beg./Int.): California B Mandi Matlock (Texas Rio Grande Legal Aid) G3 Preparing for the End of HAMP: The Future of Loss Mitigation (Int.): California C Alys Cohen (NCLC), Jacob Inwald (Legal Services NYC), Danielle Johnson-Kutch (U.S. Treasury Dept.) G4 Coerced Debt: The Role of Domestic Violence in Consumer Credit (Int.): Palos Verdes Angela Littwin (Univ. of Texas School of Law), Carla Leticia Sanchez-Adams (Texas Rio Grande Legal Aid, Inc.) G5 Predatory Education: Borrower Defenses to Repayment of Federal Loans (Int.): California A

Eileen Connor (Legal Services Center of Harvard Law School), Abby Shafroth (NCLC), Noah Zinner (Housing & Economic Rights Advocates) 3:00pm-3:15pm Coffee Break: California Promenade 3:15pm-4:45pm BREAKOUT H H1 Maximizing Magnuson-Moss in Auto & Other Cases (Int.): Palos Verdes




Scott Kauffman (California Lemon Lawyers) & Elizabeth Wells (Burdge Law Office CO, LPA) H2 Tax II: Taxation & Information Reporting of Attorneys’ Fees (Beg.): San Simeon

Mandi Matlock (Texas Rio Grande Legal Aid), Ira Rheingold (National Association of Consumer Advocates) H3 Latest on Authority to Foreclosure: Transfers of Notes & Mortgages (Int.): California A

Richart Antognini (Law Office of Richard L. Antognini), Thomas Cox (NCLC), Ken Riemer (Underwood & Riemer,P.C.), & Elizabeth Renuart (NCLC) H4A Fair Debt Collection Practices Act Developments (Adv.): California C

David Philipps (Philipps & Philipps Ltd), Richard Rubin (Gupta Wessler PLLC) H5 Reverse Mortgage Servicing Issues (Int.): California B

Michael Froehlich (Community Legal Services, Philadelphia), Rachel Scott (Atlanta Legal Aid Society)

4:45pm-5:45pm H4B Fair Debt Collection Practices Act Regulatory Developments (No CLEs available for this session): California C

April Kuehnhoff (NCLC), Margot Saunders (NCLC), and Chi Chi Wu (NCLC)

5:00-5:45pm G3B Follow-up Discussion on Preparing for the End of HAMP: California B

Hosted by Alys Cohen (NCLC)

6:00pm-7:15pm NACA–Annual Meeting, Media & Trial Advocacy Awards, with Cash Bar & Silent Auction: California D

7:30pm-9:30pm Legal Services Reception at the Anaheim Brewery. Sponsored by The Murphy Law Office, P.C.

Saturday, October 22, 2016

8:00am-5:30am Conference Registration & Web App. Support: California Foyer

7:30am-5:00pm Exhibitor Tables: California Foyer

8:00am-9:00am Continental Breakfast: California Promenade

9:00am-10:00am BREAKOUT I

I1 Expert Testimony & Daubert Motions (Int.): California B

Eric Lechtzin (Berger & Montague, P.C.), Anna Prakash (Nichols Kaster, PLLP) I2 New Developments in FHA Servicing & Note Sales (Int.): California A

Steve Sharpe (Legal Aid Society of Southwest Ohio, LLC), Geoff Walsh (NCLC) I3 Finding & Litigating FCRA Violations in Debt Collection Cases (Int.): California C Justin Baxter (Baxter & Baxter LLP), Stephanie Tatar (Tatar Law Firm) I4 Protecting Seniors from Financial Abuse (Int.): San Simeon

Nancy Barron (Kemnitzer, Barron & Krieg, LLP), Kimberly Swierenga(Majors & Fox LLP), & Shawna Reeves (Institute on Aging) I5 Land Installment Contracts: TIL Act Coverage, Common Law Claims, & Opportunities for New Regs

(Beg.): Palos Verdes

Sarah Bolling Mancini (NCLC), Margot Saunders (NCLC), James Wilkinson (Mid-Minnesota Legal-Aid)

10:15am-11:30am BREAKOUT J




J1 Running & Marketing a Consumer Practice (Beg.): California C James Fishman (Fishman Rozen, LLP), Monique Olivier (Duckworth, Peters, Lebowitz, Olivier, LLP)

J2 Income Tax Issues in Mortgage Cases (Int.): California A Richard S. Alembik (Richard S. Alembik, PC), Steve Sharpe (Legal Aid Society of Southwest Ohio)

J3 Court Debts II: Court Debts & Bankruptcy (Int.): Palos Verdes Alex Kornya (Iowa Legal Aid), Tara Twomey (NCLC)

J4 Expanding your FDCPA or Auto Fraud Practice by Taking Repossession Cases (Int.): California B Robert W. Murphy (Murphy Law Firm) J5 Using the FCRA for Criminal Background Checks (Int.): California D

Sarah Crowley (East Bay Community Law Center), E. Michelle Drake (Berger & Montague, P.C.)

11:45am-1:30pm NCLC Awards Luncheon: Pacific CD. Sponsored by Berger & Montague, P.C. and PNC Presentation of Countryman Award Keynote Speaker: Author David Dayen

1:45pm-3:00pm BREAKOUT K

K1 Recovering Legal Fees Under Fee Shifting Statutes (Int.): California C Thad Bartholow (Kellett & Bartholow PLLC), Thomas Cox (NCLC), Cary Flitter (Flitter Milz, P.C.)

K2 Discharging Student Loans in Bankruptcy (Int.): California B Geoff Walsh (NCLC), J. Erik Heath (J. Erik Heath, Attorney at Law)

K3 Telephone Consumer Protection Act Discovery (Int.): California D Scott Owens (Scott D. Owens, P.A), Joshua Swigart (Hyde & Swigart)

K4 Back to the Future: Fringe Origination & Other Scams (Int.): Palos Verdes Kurt Eggert (Chapman University School of Law), Tara Twomey (NCLC)

K5 Consumer Education & Empowerment: Tools that Work (Beg.): California A Davida Farrar (Consumer Financial Protection Bureau), Leigh Ferrin (Public Law Center), Serena Villalba (Consumer Financial

Protection Bureau)

3:00pm-5:30pm Class Action Symposium Registration: California Promenade

3:15pm-4:00pm

P3: Closing Plenary: Spokeo Standing Challenges (and Opportunities): California CD E. Michelle Drake (Shareholder, Berger & Montague) & Deepak Gupta (Founding Principal, Gupta Wessler PLLC)

Close of Main Conference, Class Action Symposium Begins

4:10pm-5:10pm Consumer Class Action Symposium (separate registration required): Pacific B Organizers: Charles Delbaum (NCLC), Stuart Rossman (NCLC)

6:30pm-8:30pm Consumer Class Action Symposium Cocktail Reception –Sponsored RSM

Sunday, October 23, 2016




7:00am-8:30am Registration for Consumer Class Action Symposium*: California Foyer

7:30am-1:00pm Exhibitor Tables: California Foyer

7:00am-8:30am Breakfast for Consumer Class Action Symposium: Pacific A

8:30am-12:30pm Consumer Class Action Symposium: Pacific B

12:00pm-1:15pm Consumer Class Action Symposium Luncheon: Sunset Deck Sponsored by American Legal Claims

1:15pm-3:00pm Consumer Class Action Symposium: Pacific B *Additional registration required.




Breakout Session Tracks

Mortgage Track A1: Foreclosure Flowchart B1: ABCs of the RESPA & TILA Mortgage Servicing Rules C2: Litigating Against Distressed Mortgage Purchasers D2: Bringing Your First Credit Discrimination Case D4: Property Inspections & Other Third-Party Vendor Functions E1: Litigating Servicing Cases: Preparing & Presenting Mortgage Misconduct at Trial F2: Post-Chapter13 Mortgage Problems G3: Preparing for the End of HAMP: The Future of Loss Mitigation H3: Latest on Authority to Foreclose: Transfers of Notes & Mortgages H5: Reverse Mortgage Servicing Issues I2: New Developments in FHA Servicing & Note Sales I5: Land Installment Contracts: Truth in Lending Act Coverage, Common Law Claims, & Opportunities for New Regulations J2: TBD K4: Other Fringe Origination & Other Scams

Practice Track A2: Pleading & Proving Actual Damages in Consumer Cases B3: Lost in Translation: Language Access LEP Roundtable C4: Funding Consumer Work in a Legal Services Program D3: How to Successfully Litigate Claims in Arbitration D5: Class Action Roundtable E3: Legal Ethics, Consumer Advocacy, & Living an Eudaimonic Life. F4: Ethics & Professionalism in Consumer Litigation: A Practical Approach G2: Tax I - Taxation of Damages & Settlements in Consumer Cases with Emphasis on Cancelled Deb G4: Coerced Debt: The Role of Domestic Violence in Consumer Credit H2: Tax II Taxation & Information Reporting of Attorneys' Fees I1: Expert Testimony & Daubert Motions I4: Protecting Seniors from Financial Abuse J1: Running & Marketing a Consumer Practice K1: Recovering Legal Fees Under Fee Shifting Statutes K5: Consumer Education & Empowerment: Tools that Work

Debt Defense & FDCPA Track A3: Medical Debt: Using IRS & State Charity Care Regulations to Protect Consumers B2: Debt Relief: Nuts & Bolts of Litigating Debt Relief Scams D1: ABCs of Debt Defense E4: Court Debts I: Representing Clients with Court Debts G4: Coerced Debt: The Role of Domestic Violence in Consumer Credit H4: Fair Debt Collection Practices Act Developments I3: Finding & Litigating FCRA Violations in Debt Collection Cases J3 Court Debts II: Court Debts & Bankruptcy J4: Expanding your FDCPA or Auto Fraud Practice by taking Repossession Cases




TCPA Track

G1: Telephone Consumer Protection Act Developments K3: Telephone Consumer Protection Act Discovery

Auto Track A4: Electronic Repossession C5: Car Dealers, Software, E-Signatures, & Electronic Records in Auto Cases E5: Insurance Claims in Auto Cases H2: Maximizing Magnuson-Moss in Auto & Other Cases J4: Expanding Your FDCPA or Auto Fraud Practice by Taking Repossession Cases

Credit Track A5: Payday & Installment Loans: State & Federal Policy Updates C3: ABCs of TILA (Non-Mortgage, Fixed-Term) F5: Marketplace Lenders, Fintech, & New Payday Rent-a-Bank Relationships

FCRA Track B4: ABCs of FCRA C1: FCRA Developments E2: New Frontiers: FCRA Litigation Against Lesser-Known CRAs F3: Meet the Defense: Former CRA Attorneys Speak I3: Finding & Litigating FCRA Violations in Debt Collection Cases J5: Using the FCRA for Criminal Background Checks

Student Loan Track B5: Intro to Student Loans: Stopping Involuntary Collection F1: Developing a Student Loan Practice G5: Predatory Education: Borrower Defenses to Repayment of Federal Loans K2: Discharging Student Loans in Bankruptcy

Bankruptcy Track F2: Post-Chapter 13 Mortgage Problems J3: Court Debts II: Court Debts & Bankruptcy K2: Discharging Student Loans in Bankruptcy


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COURSE DESCRIPTIONS

A1: Foreclosure Flowchart

This ABC's session is intended as an overview for attorneys who are new to handling foreclosure defense and mortgage servicing cases. We will cover an array of possible strategies for helping clients avoid foreclosure, including post-HAMP arguments for loan modifications, creating leverage in mediation programs, using the CFPB rules, tapping into Hardest Hit Fund programs, utilizing escalations and administrative complaints, and probing authority to foreclose. We will also discuss litigation and non-litigation strategies for saving homes.

A2: Pleading and proving actual damages in consumer cases

A3: Medical Debt: Using IRS and State Charity Care Regulations to Protect Consumers

This session will discuss state and federal charity care requirements that benefit low-income clients, including new federal regulations governing charitable, 501(c)(3) hospitals, and highlight ways to use these requirements to defend consumers who are being sued to collect medical debts and to bring affirmative claims against non-compliant institutions.

A4: Electronic Repossession

A5: Payday and Installment Loans: State and Federal Policy Updates

The CFPB is finalizing new rules to protect borrowers of payday, installment and auto title loans. As payday lenders transition into longer term loans, the states are a battleground between advocates trying to strengthen installment and open-end laws and industry efforts to weaken them. A new prepaid card rule will also impact credit on payday lender prepaid cards. Come hear about these and other small dollar loan policy developments.

B1: ABCs of the RESPA and TILA Mortgage Servicing Rules

This introductory session will survey the RESPA and TILA mortgage servicing rules that became effective in January 2014, including rules related to qualified written requests, escrow accounts, loss mitigation, prompt payment crediting, and monthly mortgage statements.

B2: Debt Relief: Nuts and Bolts of Litigating Debt Relief Scams

This session will focus on consumers with claims against debt relief companies. If you have questions about consumers’ rights in dealing with debt adjustment, settlement, or negotiation companies, then you do not want to miss this session. We will also cover incorporating a claim under the Credit Repair Organizations Act, which provides fee shifting.

B3: Lost in Translation: Language Access LEP Roundtable

Consumers who have limited proficency in English often face significant challenges in obtaining and maintaining fair access to credit. LEP borrowers seeking financial products, from mortgages to auto and student loans, face barriers communicating with their lenders and servicers and understanding loan terms. They often are the targets of fraud due to their limited language access. This panel will examine challenges faced by LEP borrowers in the consumer marketplace, and explore legal and policy solutions. Bring your stories and ideas!

B4: ABCs of FCRA

This course will introduce newcomers to the ABCs of the Fair Credit Reporting Act

B5: Intro to Student Loans: Stopping Involuntary Collection

This session would cover the basic information a practitioner will need to know when taking on a

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COURSE DESCRIPTIONS

student loan case. It will then focus on approaches to protecting student loan borrowers from involuntary collection methods such as tax refund offsets, non-judicial wage garnishment, and social security offsets. We will discuss the involuntary collection methods used by the government to collect federal student loan debt, the grounds and process to contest application of these methods or the amount of offset, post-offset challenges, when collection can be stopped based on a request for discharge, and avoiding offset through repayment plans, rehabilitation or consolidation.

C1: FCRA Developments

This session provides the annual update for FCRA developments, including caselaw, litigation trends, regulatory announcements, and enforcement actions. There will be a discussion of Spokeo as it specifically affects FCRA cases, and a presentation about CFPB activities.

C2: Litigating Against Distressed Mortgage Purchasers

More and more investors, from hedge funds to individuals, are seeking profits from distressed mortgage purchases. Many times these less regulated purchasers engage in abusive and illegal conduct as they seek to foreclose or otherwise collect on the mortgage note. This session will survey the distressed mortgage market and discuss common abuses and claims that may be raised against purchasers.

C3: ABCs of TILA (non-mortgage, fixed-term)

This session will address TILA disclosure rules that apply to non-mortgage, fixed-term loans, including consumer installment, payday, and car loans. Participants will review actual examples of these transactions to compare to the TILA rules.

C4: Funding Consumer Work in a Legal Services Program

This session will present strategies legal services programs can use to obtain funding to do consumer work and include a presentation on identifying cases that have a high potential recovery or good fee potential, and partnering with private attorneys to pursue them. The goal of the session would be to inspire legal services programs to keep and add consumer law as a focus area.

C5: Car Dealers, Software, E-Signatures, and Electronic Records in Auto Cases

D1: ABCs of Debt Defense

This session will cover common defenses, counterclaims, and evidentiary issues that consumer attorneys may raise in debt defense cases.

D2: Bringing your first (or Next) credit discrimination case

D3: How to Successfully litigate claims in arbitration

While consumers usually prefer to avoid arbitration, its rules and limitations can be used to strategic advantage by claimants. This session will explore strategies for case, arbitration forum and arbitrator selection; mandatory exchange of documents and identification of relevant witnesses (discovery); streamlined motion practice; how to use witnesses and affidavits; the relaxed rules of evidence; and how to prepare for and conduct a trial/arbitration hearing.

D4: Property Inspections and Other Third-Party Vendor Functions

This session will provide insight into proving pattern and practice claims arising from property inspections and property preservation work conducted by third-party vendors like Safeguard and LPS/Black Knight. We will also discuss the interplay between these vendors and loan servicers and how best to prove damages resulting from their misconduct

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COURSE DESCRIPTIONS

D5: Class Action Roundtable

2015-2016 has been an important year for class action practitioners. This session will provide an update and a perspective on recent developments, including important Supreme Court decisions and the status of proposed amendments to FRCP 23, presented by a panel of experienced class action lawyers.

E1: Litigating Servicing Cases:Preparing and Presenting Mortgage Misconduct at Trial

E2: New Frontiers: FCRA Litigation Against Lesser-Known CRAs

The sale of consumer data is exploding. There is a vast world of "specialty" consumer reporting agencies and data sellers beyond the Big Three and background check CRAs that are all subject to the FCRA. This session will focus on these lesser-known CRAs - who they are, what they do, and potential FCRA violations that they may be committing.

E3: Legal Ethics, Consumer Advocacy, and Living a Eudaimonic Life.

Explore the philosophical underpinnings of legal ethics and their relationship to the sometimes conflicting interests of a consumer advocate attorney. The program will suggest ways to harmonize those interests in a manner that benefits clients, consumers, and the lawyer.

E4: Court Debts I: Representing Clients with Court Debts

The investigation of how court fines and fees devastated Ferguson's poor and minority communities highlighted the threat the debts pose and the importance of representation of court debtors. This session will discuss how consumer attorneys can effectively represent clients with criminal justice and other court-related debts through both defenses to collection and affirmative litigation strategies. Note that bankruptcy relief for court debt is covered in a separate session: Court Debts II: Court Debts and Bankruptcy.

E5: Insurance Claims in Auto Cases F1: Developing a Student Loan Practice

A panel for attorneys who are expanding their consumer law work to include more student loan cases. Topics would include: types of client services, litigation and arbitration of borrower and student claims and defenses, leveraging already-existing resources to maximize the assistance, as well as business considerations such as attracting clients and structuring fees, and other strategies for success and pitfalls to avoid along the way.

F2: Post-Chapter 13 Mortgage Problems

When consumer debtors cure their mortgage defaults in a Chapter 13 bankruptcy case and make all of their plan payments, they should come out of bankruptcy completely current on their mortgage. Due to a number of servicer errors relating to servicing transfer issues and payment application problems, servicers often claim fees are owed from the bankruptcy or treat consumers as in default even though they have successfully completed their bankruptcy case. This panel will discuss how to address these problems. It should be of interest not only to bankruptcy specialists but also to attorneys who handle foreclosure cases (even if you do not have bankruptcy experience).

F3: Meet the Defense: Former CRA Attorneys Speak

A conversation with two former defense counsel who have switched sides, moderated by one of their former opposing counsel

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COURSE DESCRIPTIONS

F4: Ethics and Professionalism in Consumer Litigation: A Practical Approach

Ethics and professionalism are fundamental to the successful practice of law, but these aspects are frequently overlooked because of the contentious nature of litigation. This panel will address ethical considerations that arise in consumer litigation, with a focus on fee agreements, discovery, and settlements.

F5: Coerced Debt: The Role of Domestic Violence in Consumer Credit

Coerced debt occurs when the abuser in a violent relationship obtains credit in the victim’s name through fraud or duress. This debt then becomes a major obstacle to escaping abusive relationships. This session will examine recent research results on individuals who have experienced coerced debt. It will also discuss strategies for assisting clients facing coerced debt.

G1: Telephone Consumer Protection Act Developments

Recent cases, latest regulatory announcemnts from the FCC and strategies for successful litigation.

G2: Tax I - Taxation of damages and settlements in consumer cases with emphasis on cancelled

debt

This session will discuss taxation of damage awards and settlements with an emphasis on the issue of cancelled debt and other components of recoveries in consumer litigation.

G3: Preparing for the End of HAMP: The Future of Loss Mitigation

Since the financial crisis, the government's Home Affordable Modification Program (HAMP) has played a defining role in how loans are modified. As HAMP sunsets at the end of 2016, how can homeowners get access to the program during HAMP's waning days? How can we address challenges faced by homeowners as courts and policymakers view foreclosure as yesterday's story? What is the future for loan modifications?

G4: Marketplace Lenders, Fintech, and New Payday Rent-a-Bank Relationships

Marketplace lending is exploding. Lenders like Prosper, Lending Club and SoFi tout hi-tech approaches that enable low-cost loans or refinancing for consumers (prime and subprime) and small businesses that banks are not serving. But their models also raise questions about the strength of underwriting, use of big data, and bank relationships used to avoid state law. Payday installment lenders eager to avoid interest rate caps and to meet coming ability-to-pay rules are also eyeing these models. This session will explore the marketplace loan market, new rent-a-bank relationships, and how to protect consumers.

G5: Predatory Education: Borrower Defenses to Repayment of Federal Loans

This session will address pressing questions around the newly developing process for seeking discharge of federal student loans based on a school's misconduct. We will discuss the process for borrowers who attended Corinthian schools and the status of relief granted, strategies for borrowers who attended programs for which the Department has not made findings of misconduct, and the proposed regulations to govern the process going forward. We will include discussion of how the loan type impacts the process and available relief, the impact of consolidation, and other methods of obtaining relief to consider for borrowers who attended for-profit schools.

H1: Maximizing Magnuson-Moss in Auto and other cases

H2: Tax II Taxation and information reporting of attorneys' fees

Taxation issues related to attorney's fees will be discussed including a presentation by NACA on their attorney's fees initiative.

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COURSE DESCRIPTIONS

H3: Latest on Authority to Foreclose: Transfers of Notes and Mortgages

State court decisions on the authority to foreclose are the best arbiters of each state’s law. This session will provide an overview of the state of state law regarding the intersection of real estate and foreclosure law and the UCC. The presenters will use the California Supreme Court ruling in Yvanova v. New Century Mortg. Corp. released this year to address related issues that arise in both non-judicial and judicial foreclosure states.

H4A: Fair Debt Collection Practices Act Developments

This session will discuss recent FDCPA decisions from the Supreme Court and Circuit Courts.

H5: Reverse Mortgage Servicing Issues:a) Old and new problems regarding non-borrowing spouses, b) loan modification issues for unpaidtaxes and insurance, and c) new issues (e.g. possible difficulties in qualifiying, because of the new credit assessment requirements).

I1: Expert Testimony & Daubert Motions

Expert testimony has become an important, if not necessary, part of proving many consumer claims. As a result, motions to strike or preserve such testimony under the standards that have evolved after the Supreme Court's decision in Daubert have become critical battlegrounds. The outcome of these evidentiary battles may very well determine the successful outcome of your cases. This session will explore ways to prepare for and win Daubert motions in your litigation.

I2: New Developments in FHA Servicing and Note Sales

This session will cover the practical issues that come up when federally insured mortgage loans are sold to private investors. The speakers will review the structure and history of these note sale programs and explore arguments for how to preserve homeownership for this vulnerable borrowers.

I3: Finding and Litigating FCRA Violations in Debt Collection Cases

Debt collectors are one of the largest categories of information furnishers to the Big Three, and generate 40% of credit reporting disputes. Hear about ways to challenge credit reporting abuses by debt collectors

I4: Protecting Seniors from Financial Abuse

H4B: Fair Debt Collection Practices Act Regulatory DevelopmentsThis session will provide an overview of the Consumer Financial Protection Bureau's debt collection rulemaking, focusing on the outline of the ideas under consideration that was released in July 2016 as part of the small business review process.

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COURSE DESCRIPTIONS

I5: Land Installment Contracts: Truth in Lending Act Coverage, Common Law Claims, and

Opportunities for New Regulations

Land installment contracts present unique challenges for advocates attempting to prevent a forfeiture or address structural unfairness in the contract. This session will focus on the application fo the Truth in Lending Act to such transactions and other potential claims and defenses, such as unfair and deceptive acts and practices, fraud, discrimination, and equitable claims. We will also discuss the framework for a potential legislative or regulatory fix.

J1: Running and Marketing a consumer practice

This session will cover starting, running , marketing and managing a private consumer law practice.

J2: Substitute for Tax course

J3: Court Debts II: Court Debts and Bankruptcy

The Bankruptcy Code specifically prohibits form discharge certain types of criminal fines and penalties. Do restitution awards, defense reimbursement fees, pay-to-stay fees, and other surcharges fall within this exception to discharge? This session will focus on whether bankruptcy

can provide relief to those saddled with court debts.

J4: Expanding your FDCPA or Auto Fraud Practice by taking Repossession Cases

J5: Using the FCRA for Criminal Background Checks

This is a fast growing area of litigation for the Fair Credit Reporting Act with 9 out of 10 employers

conducting a background check on job applicants. This session will focus on the racial justice

impact of these background checks, special issues when dealing with criminal records, causes of

action against both users - especially employers - and consumer reporting agencies, as well as

defeating common defenses.

K1: Recovering Legal Fees Under Fee Shifting Statutes

Recovering legal fees from our adversaries requires understanding fee shifting statutes, what it

means to be the prevailing party, what the income tax implications are for our clients, and how to

present effective proof that will convince judges to award you good fee recoveries. This panel of

experienced consumer advocates will cover it all.

K2: Discharging Student Loans in Bankruptcy

K3: Telephone Consumer Protection Act Discovery

Issues related to discovery, proof problems and ATDS.

K4: Other Fringe Origination & Other Scams

Innovation has returned to the home loan origination market and with it the potential for abuse.

This session will explore the benefits and pitfalls of new (or revamped) mortgage products such as

wrap around mortgages, sales/leaseback deals, P2P loans, and HELOCs.

COURSE DESCRIPTIONS

K5: Consumer Education and Empowerment: Tools that Work

It sounds great to educate consumers about financial matters and provide them useful information to

make key decisions. But what do consumers pay attention to? The Consumer Financial Protection

Bureau has been working not only to produce consumer education and engagement materials, but to

ground them in solid research on how to design tools that work. Hear from the CFPB about its

work, learn from a legal services office that has used CFPB materials and programs, and provide

your insights into how the CFPB can make its consumer education efforts even stronger.

2016 consumer rights litigation conference agenda · 2016 consumer rights litigation conference....

Documents