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An Update on the CFPB's Debt Collection Rules

Posted By Administration, Monday, July 27, 2020

Recorded Wednesday, July 22, 2020

Listen to the recording here. 

In this session our speakers will cover a brief discussion of the state of NCBA and upcoming programing, followed by an update given by Nathan Willner and Brit Suttell as they relay their insights regarding their recent interaction with the CFPB. During their interaction with the CFPB they were able to discuss the proposed debt collection rules in general and the meaningful attorney involvement “safe harbor” provision in particular. This session will cover brand new information that will be of particular interest to all NCBA members and industry stakeholders. 

Presenters:

 

Brit Suttell, Barron & Newburger, P.C.

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.

 

 

Nathan Willner, Esq., National Creditors Bar Association

Nathan D. Willner serves as the Government Affairs Officer of the National Creditors Bar Association (NCBA). Prior to representing the NCBA in Federal, State and Regulatory matters and advocacy he was of Counsel for 11 years for the regional creditor’s rights firm of Lyons, Doughty & Veldhuis, P.C. where he managed the firm’s Legislative Affairs and concentrated his Maryland law practice in the area of consumer retail litigation. Mr. Willner is the immediate past President of the Maryland-DC Creditors Bar Association and is a member of various other legal, community and service board organizations. He earned his undergraduate degree at Temple University and law degree from the University of Maryland School of Law. Mr. Willner has been a member of the Maryland Bar since 1990.

 

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Briefing Call: CFPB v. Seila Law

Posted By Administration, Thursday, July 2, 2020

Recorded Thursday, July 2, 2020

Listen to the briefing call.

This Monday, the United States Supreme Court issued its long-anticipated decision in Seila Law LLC v. Consumer Financial Protection Bureau. In the opinion written by Chief Justice Roberts, the Court held that Congress overreached when it limited the President’s power to remove the single director of the Bureau. Upon holding that the CFPB’s structure was incompatible with the structure of the Constitution and the separation of powers, the Court next turned to whether that provision (removal of the Director for cause, only) could be severed. This brought more agreement among the justices who held, 7-2, that the provision could be severed. 

The question left unanswered by the Court was whether the civil investigative demand propounded upon Seila Law was enforceable. The CFPB argued that all acts of the CFPB had been properly ratified, but the Court remanded the case to the Ninth Circuit Court of Appeals “to consider whether the civil investigative demand was validly ratified.” A copy of the opinion can be found here.

Join Ronald S. Canter and Brit Suttell as they examine the Court's decision, and what it means to the creditors rights industry and to NCBA's members. 

 

Presented by:

Ronald S. Canter is the founding member of The Law Offices of Ronald S. Canter, LLC of Rockville, MD. Mr. Canter is a noted speaker on creditors rights issues and has presented many seminars and continuing education programs to trade groups and Bar Associations. He has also been invited on several occasions by the Maryland Judicial Institute to lecture state court judges on consumer credit and debt collection issues. He has represented creditors, attorneys and collection agencies in complex litigation in both Federal and state courts. Mr. Canter has successfully prosecuted appeals before state and federal courts on several significant issues affecting the credit and collection industry. He appeared, as counsel of record for the National Association of Retail Collection Attorneys (NARCA) in Heintz v. Jenkins, the first Fair Debt Collection Practices case to reach the Supreme Court.

 

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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Briefing Call: Debt Collection Foreign Language Rule

Posted By Jim Podewitz, Thursday, June 18, 2020
Updated: Wednesday, July 8, 2020

Briefing Call sponsored by:

   

Recorded June 23, 2020.

Listen to the Briefing Call here.

On June 11, 2020, the New York City Department of Consumer Affairs (“DCA”) released amendments to its debt collection regulations aimed at addressing communications with consumers who may have limited English proficiency.  While this is an issue on many regulators’ minds, these NYC Amendments appeared to come out of left field and could have a serious impact on creditors rights attorneys in New York City and in future regulatory schemes across the country.

Presenters:

Scott Morris is a Principal and the Chief Compliance Officer of Stephen Einstein & Associates, P.C.  Scott recently joined the firm after a seven year career at Midland Credit Management, Inc., a wholly owned subsidiary of Encore Capital Group, where he helped design, implement and optimize Midland’s internal legal department.   Both at Midland and Stephen Einstein & Associates he has worked on matters involving the CFPB, State Attorney General, federal, state and local regulations, in addition to, implementing Compliance Management Systems, improving operational and technological processes and providing management and leadership to numerous employees.  He earned his J.D., cum laude, in 2004 from New York Law School, his B.L.A, in 1998 from the University of Maryland, College Park.  He is admitted to the bars of the State of New Jersey and New York.

 

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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Briefing Call: Mergers & Acquisitions AND Firm Valuation

Posted By Jim Podewitz, Monday, June 15, 2020
Updated: Wednesday, July 8, 2020

Recorded June 24, 2020.

Listen to the Briefing Call here.

Mergers and acquisitions (M&A) activity is alive and well in the ARM Industry. Michael Lamm, Managing Partner of Corporate Advisory Solutions, will be talking about how the pandemic is impacting M&A specifically for debt collection law firms and how deals are being valued and structured in today’s environment. If you are contemplating a sale or thinking about buying out one of your shareholders, this is a webinar you don’t want to miss!  More and more buyers who are in the industry are looking at ways to expand or acquire legal capability as the anticipated volume flowing through a legal channel will be growing at a rapid pace.

This live NCBA Briefing Call is ideal for existing owners, partners, and future leaders of ARM companies who are looking for a “real time” M&A industry update.  

Presented by:

 

Michael Lamm is a Co-Founder and Managing Partner at Corporate Advisory Solutions, a respected and fast-growing merchant bank that supports a select group of clients with offices in Philadelphia and Washington D.C. Michael has completed more than 100 M&A engagements in the ARM industry and leads his deal team on M&A engagements, compliance and regulatory assessments, valuations, and expert witness litigation matters while also chartering the firm’s corporate direction and strategic growth plan. Michael is actively involved in leading industry associations and a frequent guest speaker, writer and presenter at industry conferences and events.

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Briefing Call: Alternative Lending: Hot Topics and Trends in Small Business Lending and Collections

Posted By Jim Podewitz, Friday, June 5, 2020
Updated: Wednesday, July 8, 2020

 Briefing Call sponsored by

Recorded Thursday, June 11, 2020.

Listen to the Briefing Call here.

This presentation will provide the latest updates in the fast growing and ever changing world of Fintech small business lending and collections. The presentation will review innovative funding products including the merchant cash advance and provide updates on issues including the OCC’s proposed Fintech Charter, the Valid-When-Made Doctrine, confessions of judgment, usury, true lender litigation, choice of law implications and UCC enforcement.

Presenters:

 

Gregory Dye is an experience attorney in financial services, specializing in regulatory compliance, risk assessment, auditing, litigation, and project management.  With more than 20 years of experience in the credit and collections industry, he is a past-President of the Illinois Creditors Bar Association and currently a board member for the Michigan Creditors Bar Association. He previously served as a managing attorney and compliance officer.  He brings a unique perspective to the collections industry having been employed as the VP of Compliance as well as the BSA/AML officer for an online lender.  He has particular expertise in alternative lending and financial technology (FinTech). He is licensed to practice in Michigan, Ohio, Illinois and Pennsylvania and is currently the Director of Legal Services with Shermeta Law Group, PLLC located in Auburn Hills, Michigan.

Jason Khano is a senior attorney at Aubrey Thrasher, LLC where he manages much of the litigation portfolio for Alternative Finance and FinTech clients. Jason works with attorneys throughout their nationwide network on novel issues that arise in these cases and provides counsel to clients on the ever-changing landscape of the Alternative Finance and FinTech industries. Jason has worked closely with Vincent Aubrey since he founded The Aubrey Firm, P.C. serving the unique needs of Alternative Finance and FinTech companies. Since its inception, The Aubrey Firm has grown to become Aubrey Thrasher, LLC and is proud to continue to provide its wealth of expertise to the both non-traditional and traditional finance industries, banks, credit unions, equipment finance, and all other Creditors seeking full-service, nationwide, collections and legal representation.

Jamie Polon is a partner at Mavrides, Moyal, Packman & Sadkin, LLP who manages the Creditors’ Rights Group. He represents a plethora of clients including multi-national banking entities, global credit card companies, small and large businesses, and alternative lenders. He has successfully recovered millions of dollars for his clients. He is licensed to argue before the Eastern and Southern District Courts of New York, the Second, Third and Ninth Circuit Court of Appeals, the U.S. District Courts for the Southern and Eastern Districts of New York, the United States District Court of New Jersey, the United States Supreme Court and the United States Court of International Trade. In 2013, 2014 and 2015, Jamie was selected by the publication “SuperLawyers” as a New York Metro Rising Star in the field of Bankruptcy & Creditor/Debtor Rights. He is an active member of the Turnaround Management Association, a international community of professionals dedicated to corporate renewal and turnaround management. Jamie has served on several charitable boards in New York, including the Crohn’s & Colitis Foundation Association-New York Chapter and Variety, The Children Charity. He has also been involved with Volunteer Lawyers for the Arts.


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Briefing Call: Constitutionality of the Stay at Home Orders

Posted By Administrator, Thursday, May 28, 2020
Updated: Thursday, May 28, 2020

 Briefing Call sponsored by

Recorded Tuesday, June 2, 2020.

Due to technical difficulties, the recording for this Briefing Call is not available at this time. 

During the pandemic, over half the people in America are subject to “stay at home” orders, all of which vary considerably in terms of breadth and enforcement. But are such orders constitutional? The Constitution protects the right to associate, assemble, worship and travel. Does that mean there are limits on what sort of restrictions the government can place on people’s freedom of movement? The panelists will discuss these principles with a specific focus on collection law firms, and the challenges faced in adhering to these orders as well as beginning to reopen under modified restriction.

Presenters:

Lauren M. Burnette is a partner in Messer Strickler, Ltd.’s Florida office. In her national legal practice, Ms. Burnette represents attorneys, financial institutions, debt servicers and buyers, mortgage lenders and more in a broad range of compliance management services, including risk assessment and remediation, due diligence, third-party monitoring and auditing, training assistance, and litigation management and oversight. She represents clients in litigation matters involving the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Telephone Consumer Protection Act, and related federal and state laws. She also represents members of the consumer financial services industry in investigations and enforcement matters initiated by state and federal regulatory agencies, including state Attorneys General, the Federal Trade Commission the Consumer Financial Protection Bureau.

Ms. Burnette is a member of the National Creditors Bar Association, where she previously served as Co-Chair of the Spring 2017 Conference and co-chair of the Defense Bar Steering Committee. She is also active in ACA International, where she previously served on ACA's Sanctions Review Panel. She frequently speaks to bar associations, law firms and national industry organizations regarding litigation and compliance issues affecting the consumer financial services industry, and is a regular contributor to various industry publications. In 2016, Ms. Burnette was named as one of the 25 Most Influential Women in Collections by Collection Advisor magazine.

Barbara Nilsen is a partner and Chief Compliance Officer of the law firm of Blitt & Gaines, P.C. She is a graduate of The University of Illinois-Chicago and The John Marshall Law School. She is licensed to practice in the State of Illinois, the State of Missouri and is admitted to the bar of the United States District Court for the Northern District of Illinois. Prior to joining Blitt and Gaines, P.C. as a Partner, she practiced in the areas of creditor’s rights and residential foreclosures at the law firm of Freedman Anselmo and Lindberg, LLC. She has been practicing in the area of creditor's rights for almost 14 years and has focused the last 8 years in compliance.

Nicole M. Strickler is a seasoned litigator focusing her practice in the defense of consumer financial services litigation throughout the country. This includes representing clients in both individual and class actions involving state and federal consumer protection laws, including the Fair Debt Collection Practices Act ("FDCPA"), Fair Credit Reporting Act (“FCRA”), Telephone Consumer Protection Act (“TCPA”) as well as similar state laws. Her clients include corporations, lending institutions, collection agencies, asset purchasers, lawyers as well as individuals. While she always strives to win prior to trial, Ms. Strickler has successfully defended numerous bench and jury trials on behalf of her clients, including class claims. She is routinely solicited to speak before national industry trade organizations, and in publications, concerning issues affecting the credit and collection industry. Additionally, she has substantial experience representing her clients before state regulators, such as the Illinois Department of Financial and Professional Regulation, and the Consumer Financial Protection Bureau. Ms. Strickler has also successfully represented clients in numerous cases on appeal in various appellate courts, and even as amicus curiae before the United States Supreme Court.

 

Apart from her financial services practice, Ms. Strickler also defends corporations and individuals in claims brought under state and federal employment laws including Title VII, Section 1983, the Illinois Wage and Payment Act, and the Illinois Unemployment Insurance Act. In this practice, she has tried cases to successful verdict, in addition to serving as a sounding board for her client’s compliance issues.

 


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Briefing Call: Bankruptcy Challenges with CARES Act / COVID Payment Suspensions

Posted By Administrator, Tuesday, May 12, 2020
Updated: Tuesday, May 19, 2020

 Briefing Call sponsored by

Tuesday, May 19, 2020

Listen to the Briefing Call recording here (NCBA member login required).

Alice Whitten, Managing Counsel and a Senior VP at Wells Fargo, with will talk about current CARES Act provisions and the expanded application of those provisions outside of home lending and the impacts on active bankruptcy cases.  She will talk both about home and auto loans. 

Presenter:

  Alice Whitten is Vice President – Senior Counsel in the Wells Fargo Law Department in Minneapolis, Minnesota (soon to be Irving, Texas), where she provides guidance and support for consumer bankruptcy operations across the Wells Fargo enterprise, including mortgage, automobile, credit cards and student lending. She has been with Wells Fargo since 2014. Prior to joining Wells Fargo, she previously served as a Standing Chapter 13 Trustee in the Northern District of Texas for four years and was Senior Vice President – Associate General Counsel with AmeriCredit Financial Services, Inc. (now known as GM Financial) providing legal support for bankruptcy and default services operations. Alice is a graduate of St. Mary’s University School of Law (cum laude) in San Antonio, Texas and the University of Minnesota – Carlson School of Management.  Alice is admitted to practice in Texas and is a Council Member of the Bankruptcy Law Section Counsel of the State Bar of Texas, a Committee Member of the Committee on Case Administration and the Estate for the ABI Commission on Consumer Bankruptcy; a member of the Texas Bar Foundation, the ABI, and NACTT. 

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Briefing Call: Breaking News-District Court Restrains Enforcement of Mass. AG Emergency Regs

Posted By Administration, Friday, May 8, 2020

Recorded Monday, May 11, 2020.

Listen to the Briefing Call here.

Duane Pozza and Moshe Broder of Wiley will provide an update and analysis of the recent U.S. district court decision enjoining portions of Massachusetts’ emergency debt collection regulation. On May 6, a district court judge enjoined portions of the regulation barring certain telephonic communications and collection action filings. Discussion will include the likely next steps in the litigation, the key legal arguments, and their applicability to other attempts to limit collection activities.   

Presenters:

 

Moshe B. Broder

Moshe counsels and represents government contractors and subcontractors on a broad range of legal issues, including bid protests and contract claims and disputes. Moshe regularly prosecutes and defends bid protests before the U.S. Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC) and litigates commercial disputes in state and federal courts.

Moshe is a contributing author to the “Cybersecurity Risk Management Is a Corporate Responsibility” chapter in the American Bar Association’s 2019 publication, The Lawyer’s Corporate Social Responsibility Deskbook.

 

 

 

Duane C. Pozza 

Duane advises clients on complex legal and regulatory issues involving emerging technology, consumer protection, and Federal Trade Commission (FTC) enforcement. He counsels on a range of issues including privacy and data governance, advertising law, competition matters, and consumer financial laws and regulations. He represents clients before the FTC and has broad experience dealing with all levels of the agency. Duane has extensive experience working on legal issues involving cutting edge tech innovation, including fintech, artificial intelligence (AI), Internet of Things (IoT), mobile payments, and blockchain. Prior to joining Wiley, Duane was an Assistant Director in the Division of Financial Practices at the FTC, where he led consumer protection efforts in financial technology and worked extensively on issues involving tech platforms.

  

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Briefing Call: An Inside Look: The CARES Act: A Need for Certainty in These Uncertain Times

Posted By Jim Podewitz, Thursday, May 7, 2020
Updated: Thursday, May 14, 2020

Briefing Call sponsored by:

   

 

From top: Ryan Blake & David Pommerehn

Recorded Thursday, May 14, 2020

Listen to the Briefing Call here.

The Paycheck Protection Program (PPP) came into law as part of the CARES Act on March 27, 2020. Many businesses felt relief that they may have access to the program and a solution to their cash flow challenges during the Coronavirus shutdown. Since then the program has been funded twice and small businesses across the country have received funds.

 
One stipulation to qualify for funding includes that the borrowers must “certify in good faith that their PPP loan request is necessary”. The certification is very ill-defined and should cause pause for borrowers the can’t “certify” that they are affected by the pandemic. What will this mean for loan forgiveness? What guidance is the SBA giving and how are banks advising their borrowers through this complicated program?
Our guest speakers from the Consumer Bankers Association serve as a conduit between this country’s largest banks and the legislators and regulators that regulate small business. They will share their insight with NCBA members into some of the pain points and considerations businesses should take into account when applying for PPP and share what they have learned from the SBA, Treasury, others.

 

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.

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

Posted By Administration, Tuesday, May 5, 2020

Recorded Wednesday, May 6, 2020.

Listen to the Briefing Call here.

Join John Fagan and Brendan Walsh with Markets Policy Partners for part II of their CARES Act presentation, where they will share with us their perspectives on:

  1. What have we learnt so far from CARES 2.0 and 2.5? Will there be a 3.0?
  2. What kind of new programs and relief should we be expecting to be proposed in CARES 3.0? Will it just be an influx of new funding?
  3. Have different segments of the economy been treated differently? Big corporations vs. small business applicants?
  4. What is the Main Street Lending program and what important factors is it important to know about?
  5. What concerns do businesses have to be aware of when accepting the PPP loans, aren’t they just grants?
  6. General economic observations and outlook, will the CARES programs have long lasting effects on the US economy?


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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