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Briefing Call: The CARES Act from a Practical and Economic Standpoint: What Businesses Need to Know During COVID-19

Posted By Administration, Thursday, March 26, 2020

Recorded Friday, March 27, 2020

Listen to the briefing call here.

The CARES Act, recently passed by the U.S. Senate and is poised to be passed by the House as well, contains provisions for consumers, small businesses, sole proprietors, independent contractors, and other self-employed individuals to obtain loans and other relief necessary to the continued operation of their businesses during this national health crises.

Join John Fagan and Brendan Walsh with Markets Policy Partners as they explore the provisions of the Act and the economic impacts the Act may have. They will share with us their perspectives on:

  1. The compromises that were made in this bill;
  2. What else Congress might do;
  3. Logistics of distributing the money; and
  4. Worries over federal debt levels and the trickledown effect on state and local budgets in the future.

 

About Markets Policy Partners:

Markets Policy Partners’ mission is to provide sophisticated financial market analysis that is independent, accessible, and actionable for a broad public and private sector audience. We are seeking to widen and deepen the communication channels between the policy community and global financial markets, thereby facilitating more informed policymaking and allocation of public and private resources.

 

Presenters:

 

John Fagan

From 2014 until September 2018, John Fagan was Director of the U.S. Treasury’s Markets Room and prior to that was a Senior Macro Strategist for Discovery Capital Management, primarily responsible for Asian equity indexes, foreign exchange, and rates markets. John holds a M.P.A. from Harvard’s Kennedy School and a J.D. from Harvard Law School, and as the Harvard University Frederick Sheldon Traveling Fellow, he spent 2001-2002 in Bangkok, Thailand, researching legal reform and development in Thai capital markets. John graduated from Williams College in 1995 with a B.A. in Asian Studies.

 

 

 

Brendan Walsh 

From 2006 to summer 2018, Brendan Walsh was a Senior Analyst at Discovery Capital Management covering Global Financial Institutions and was part of the Global Macro Team focusing on macro data, rates, foreign exchange and equity indices. Brendan holds a M.A. from Fordham University in International Political Economy and Development and was an International Travel Fellow to Manila, Philippines in 2004 working on econometric forecasting models. He was also a Jesuit Volunteer Corps volunteer from 2000-2002 where he taught math and English in Pohnpei, FSM. Brendan graduated from the Honors Program at the College of the Holy Cross in 2000 with a B.A. in History.

 

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Briefing Call: An Inside Look: What Can Small Businesses Expect from Washington and the Nation’s Largest Banks

Posted By Jim Podewitz, Friday, March 20, 2020
Updated: Monday, March 23, 2020

From top: Ryan Blake & David Pommerehn

Recorded March 23, 2020.

As creditors rights law firms navigate the consequences of the current coronavirus pandemic, cash flow is becoming a critical aspect of keeping firms viable. Our guest speakers will give us the lay of the land for what is happening regarding the SBA’s Emergency Injury Disaster Loan Program, as well as insight into the stimulus proposal changes from Congress.

Speakers

  • Ryan Blake, Legislative Director for the Consumer Bankers Association
  • David Pommerehn, General Counsel for the Consumer Bankers Association

About the Consumer Bankers Association:

CBA is a trade association focused exclusively on retail banking. CBA's Bank Members include the nation's largest retail banks.

Listen to the Briefing Call here.

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Briefing Call: Business Continuity and Disaster Planning - Concerns and Solutions for Small, Medium, and Large Law Firms

Posted By Jim Podewitz, Thursday, March 19, 2020
Updated: Tuesday, March 17, 2020

From top: Jared Correia, Scott Morris, & Nathan Willner

NCBA's Nathan Willner talked with Jared Correia, Esq. of Red Cave Law Firm Consulting and Scott Morris of Stephen Einstein & Associates, P.C. - and member of the NCBA Board of Directors - about the timely issues of business continuity and disaster planning. 

They discussed the challenges faced by creditors rights law firms when working remotely, including remaining in compliance with their clients and with the FDCPA, keeping clear of privacy issues and their potential violations, and court interactions.

They also identified what your firm can do to keep the workplace safe for employees who can’t work remotely, including policies for cleaning and sanitation, and personal wellness habits. For those employees who can work remotely, they discussed some of the details of working virtually / remotely, and provided tips on the technology necessary for doing so.

 

Listen to the Briefing Call here.

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Briefing Call: An Overview of the CFPB's Proposed Time Barred Debt Rules

Posted By Jim Podewitz, Tuesday, March 3, 2020
Updated: Monday, March 23, 2020

From top: Joann Needleman, Brit Suttell, & Nathan Willner

NCBA's Nathan Willner talked with Joann Needleman with Clark Hill, PLC and Brit Suttell with Barron & Newburger, P.C. to discuss the CFPB's Supplemental Notice of Proposed Rule Making on Time Barred Debt.

Find out:

  • What members need to know about the supplemental proposal
  • Should members respond?
  • Is NCBA going to respond?

 

Listen to the Briefing Call here.

 

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All About insideARM's 2019 Women in Consumer & Commercial Finance Conference

Posted By Administration, Monday, November 18, 2019
Updated: Thursday, January 2, 2020

Recorded Monday, November 18, 2019

In this podcast, NCBA Associate Executive Director Robin Cole talks with Amy Perkins, President of The iA Institute, about the upcoming Women in Consumer and Commercial Finance Conference. This year's event will take place on December 11-13, 2019 at the Westin Kierland Resort in Scottsdale, Arizona. For more information, visit insidearm.com/women

Listen to the podcast

Presenter:

 
Amy Perkins, President, The iA Institute

Amy is a collections and recovery veteran with over twenty years of collections and recovery experience. She has intentionally steered her career in a way that has gained her experience in all facets of the business; operations, strategy, risk and compliance. Over half of her career has been focused on strategy and pushing the envelope to modernize the collections approach and improve the customer experience. Amy currently serves as an industry ambassador with insideARM, as the Co-Executive Director of the Consumer Relations Consortium and Innovation Councils, as well as leading annual leadership summits aimed at advancing the industry. 

Amy started her career at NCO Group, where she ultimately led all aspects of call center operations; managing performance and client relationships. She went on to work for Bank of America for eight years in a variety of executive leadership roles across credit card collections and recovery.  Before joining insideARM, Amy spent four years leading enterprise collections strategies for all products at Citizens Bank.

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Critical Things to Know When Collecting in West Virginia and Facing a Lawsuit from a Debtor in West Virginia

Posted By Administration, Friday, September 27, 2019
Updated: Thursday, January 2, 2020

Recorded Friday, September 27, 2019

In this podcast, Nicholas Mooney will examine debt collection in West Virginia. Specifically, he will discuss what laws collectors need to be aware of when collecting in West Virginia, how do consumers use these laws against collectors, and what attempts have been made to limit the impact of these laws. In addition, he will look at the trends in debtors' lawsuits against collectors in the state, and what should collectors know about facing a lawsuit in West Virginia.

Listen to the podcast

Presenter:

 
Nicholas P. Mooney

Nicholas P. Mooney is a partner in the Charleston, West Virginia office of Spilman, Thomas, and Battle, PLLC, a mid-Atlantic regional law firm. Spilman was founded by two lawyers who worked with Abraham Lincoln to craft the borders of West Virginia. The firm currently has seven offices in four states. Nick has been practicing law for 23 years, and, for the last 20 years, his practice has focused on defending collectors and creditors sued by debtors in West Virginia and elsewhere. He also represents collectors and creditors in connection with government investigations and lawsuits, most often brought by the West Virginia Attorney General's office.

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Debt Collection Litigation in the Supreme Court

Posted By Administration, Thursday, September 26, 2019
Updated: Thursday, January 2, 2020

Recorded Thursday, September 26, 2019

In this podcast previewing the session of the same name at our upcoming 2019 Fall Conference in Washington, DC, Ronald Canter of The Law Offices of Ronald S. Canter, LLC discusses how historic Supreme Court rulings on creditor rights effect consumer debt collection, including Heintz v. Jenkins and Jerman v. Carlisle. Mr. Canter also looks at the future of Supreme Court debt collection litigation, including the issues in the FDCPA case on the Supreme Court’s October 2019 docket, and what other cases could reach the Supreme Court that impact consumer collection attorneys.

Listen to the podcast

Presenter:

 
Ronald S. Canter

Mr. Canter established The Law Offices of Ronald S. Canter, LLC of Rockville, Maryland in 2008. He is a member of the Bars of Maryland, Pennsylvania, Florida, Virginia, and the District of Columbia. He is also admitted to practice in federal courts through the United States, including the Supreme Court and several courts of appeal. Mr. Canter has successfully prosecuted appeals before state and federal courts on a number of significant issues involving the credit and collection industry. He appeared, as counsel of record, for the National Creditors Bar Association (NCBA) in Heintz v. Jenkins, the first Fair Debt Collection Practices case to reach the Supreme Court. Mr. Canter served for three terms as a member of the Board of Directors of the National Creditors Bar Association. He has also served on the Legislative Committee of the ACA International and received that organization’s Beacon Award for outstanding achievement on two occasions.

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7th Circuit's Lavallee v. Med-1 Solutions Decision: What You Need to Know

Posted By Administration, Friday, August 16, 2019
Updated: Thursday, January 2, 2020

Recorded Friday, August 16, 2019

On August 8, 2019, the 7th Circuit Court of Appeals (7th Cir.) published its opinion in the matter of Beth Lavallee v. Med-1 Solutions, LLC. The appeal "rests on Med-1’s contention that its emails were initial communications that contained the required disclosures. But the emails do not qualify under the Act’s definition of “communication” because they did not “convey[] … information regarding a debt.” 15 U.S.C. § 1692a(2). Nor did the emails “contain” the statutorily mandated disclosures. § 1692g(a). At most the emails provided a means to access the disclosures via a multistep online process."  Because Med-1 violated § 1692g(a), the 7th Cir. found the judge was right to enter judgment for Lavallee.

In this podcast, Nicole Strickler and Stephanie Strickler with Messer Strickler, Ltd. discuss what this decision means for the creditors rights industry, and the text messaging and call frequency limits as outlined in the Consumer Financial Protection Bureau's (CFPB) Notice of Proposed Rulemaking (NRPM) for debt collection.

Listen to the podcast

Presenters:

 
Nicole M. Strickler

Nicole M. Strickler concentrates her practice on the defense of consumer financial services litigation throughout the country. This includes representing clients in both individual and class actions involving federal consumer laws, including the Fair Debt Collection Practices Act ("FDCPA"), Fair Credit Reporting Act (“FCRA”), Telephone Consumer Protection Act (“TCPA”), Electronic Funds Transfer Act (“EFTA”) and related state laws. She also has significant experience in dealing with federal and state regulators. Her clients include corporations, lending institutions, collection agencies, asset purchasers, attorneys as well as individuals. She is a frequent author and speaker on issues affecting the credit and collection industry.”

 

Stephanie Strickler

Stephanie Strickler joined Messer Strickler, Ltd. as an associate in 2013. She is a graduate of the University Of Dayton School Of Law where she was a staff writer and comment editor for the University of Dayton Law Review. She concentrates her practice in business litigation, breach of contract, employment law, and consumer defense litigation. Ms. Strickler has defended lawsuits involving state and federal consumer laws, including the Fair Debt Collection Practices Act (“FDCPA”), the Fair Credit Reporting Act (“FCRA”), the Telephone Consumer Protection Act (“TCPA”) and the Illinois Collection Agency Act. 

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NCBA's Amicus Brief in Van Hoven v. Buckles

Posted By Administration, Wednesday, April 10, 2019
Updated: Thursday, January 2, 2020

Recorded Monday, May 10, 2019

Does the FDCPA’s “bona fide error” defense apply to errors of state law?  On May 3, 2019, the National Creditors Bar Association submitted an amicus curiae brief to the Sixth Circuit Court of Appeals in the case Maureen Van Hoven v. Buckles & Buckles, P.L.C. et al. In the brief, NCBA raised a single issue of particular interest to NCBA members, specifically, why the bona fide error defense should apply to mistaken interpretations of state law. In this podcast, you will hear about how the issues raised by Van Hoven might impact you from the defense attorneys who authored the brief for NCBA, Tomio Narita and Jeff Topor of Simmonds & Narita LLP.

Listen to the podcast

Presenters:

 
Jeffrey A. Topor

Jeffrey A. Topor is a partner at Simmonds & Narita LLP, in San Francisco, where he focuses on the defense of creditors, debt purchasers, debt collectors, and lawyers in actions arising under the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Telephone Consumer Protection Act, and other related laws, in federal and state courts throughout California and elsewhere.

 

Tomio B. Narita

Tomio B. Narita is a partner with the California law firm, Simmonds & Narita LLP.  His practice focuses on the defense of creditors, debt buyers, collection law firms and collection agencies and in consumer litigation, including defending individual actions and class actions arising under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Telephone Consumer Protection Act, and other federal and state laws governing the collection process. Mr. Narita obtained his law degree in 1991 from the University of California, Hastings College of the Law. He is a member of the Bar of the State of California, and is admitted to practice before the United States Supreme Court, and the Second, Third and Ninth Circuit Court of Appeals.

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The SCOTUS Obduskey Decision and the Questions It Raises

Posted By Administration, Monday, April 1, 2019
Updated: Thursday, January 2, 2020

Recorded Monday, April 1, 2019

Travis Campbell and Tomio Narita of Simmonds & Narita, LLP and Brit Suttell of Barron & Newburger, P.C. summarize the recent SCOTUS Obduskey opinion, how it impacts law firms who engage in non-judicial foreclosure, and the questions it raises:

  • Are all law firms who engage in non-judicial foreclosure now completely exempt from the FDCPA? What about section 1692f(6) of the Act?
  • If a law firm falls into the “primary definition” of debt collector, because, for example, they collect personal credit card debts on a regular basis, does this opinion mean that they are NOT subject to the FDCPA when they are engaged in non-judicial foreclosure activity?
  • Are all actions taken in a non-judicial foreclosure exempt from the FDCPA (except for 1692f(6))? Or just those required by state law?
  • What’s the role of state law here? If a nonjudicial foreclosure communication is REQUIRED by state law, does this decision mean that it’s not subject to the FDCPA?
  • Is this ruling broad enough to cover judicial foreclosure communications and conduct?
  • What, if anything, did the Court say about judicial foreclosure?

Listen to the podcast

Presenters:

 
R. Travis Campbell

Travis Campbell is a partner at Simmonds & Narita LLP, a California law firm that focuses on defending the credit and collection industry in consumer financial services litigation. Travis defends creditors, debt buyers, debt collectors and law firms throughout the country in suits alleging violations of state and federal law. Travis is a graduate of Arizona State University and the University of Richmond School of Law.

 

Tomio B. Narita

Tomio B. Narita is a partner with the California law firm, Simmonds & Narita LLP.  His practice focuses on the defense of creditors, debt buyers, collection law firms and collection agencies and in consumer litigation, including defending individual actions and class actions arising under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Telephone Consumer Protection Act, and other federal and state laws governing the collection process. Mr. Narita obtained his law degree in 1991 from the University of California, Hastings College of the Law. He is a member of the Bar of the State of California, and is admitted to practice before the United States Supreme Court, and the Second, Third and Ninth Circuit Court of Appeals.

 

Brit Suttell

Brit J. Suttell works in the Pennsylvania office of Barron & Newburger, P.C. She is a member of the firm’s Consumer Financial Services Law Practice Group. Prior to joining the firm, Ms. Suttell was a shareholder at Burton Neil & Associates, P.C., where she served as the firm’s Director of Compliance. In addition to her litigation experience, Ms. Suttell is experienced in the creation, implementation and administration of policies, procedures, and compliance management systems. Her non-litigation experience also includes the handling of regulatory complaints. She has substantial familiarity with multiple consumer financial protection laws, and she has trained collectors and facilitated law firm audits by clients in the financial sector. Ms. Suttell is the President of the Pennsylvania State Creditors Bar. She has been a speaker at programs sponsored by the National Creditors’ Bar Association as well as the Pennsylvania Creditors’ Bar Association. She has been a guest blogger for the National List of Attorneys.

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