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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.

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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.

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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.

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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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Get Clear About Your Business for Growth and Scale

Posted By Administration, Monday, March 18, 2019

Recorded March 6, 2019

Moving your business toward growth, scale and success is one of the biggest challenges you will face as a leader. Your team needs to be 100% clear on your vision - why you do what you do, where you want to go, and how you’re going to get there - to make it happen. Robin Cole talks with Beth Perl Berman, Compellications™ Speaker, Workshop Leader and Coach, about attracting, retaining and inspiring the right people to execute fully on that vision, and creating cohesive, open and honest teams that will align around your purpose and will excel. 

Listen to the podcast  

Presenter:

Beth Perl Berman, Compellications™ Speaker, Workshop Leader and Coach

Beth is an internationally recognized Speaker, EOS Implementer and Workshop Facilitator. She brings proven tools and process to entrepreneurial companies to pull leadership teams together and gain the traction needed for sustained growth.   

Believing connection is key, she helps you and your people move beyond limits, communicate across generations, and avoid communications SNAFU’s. In real time, Beth helps you crystallize compelling answers to customers’ (and team members’) key questions: WHY Buy from You?”, “WHY Back You?”, and “WHY Stay with You?”  

Known for energizing others, Beth leads high-impact workshops and presentations. She has delivered highly-rated presentations and workshops to:  Vistage, NABOE - National Association for Entrepreneurs and Business Owners, the National Association for Insurance & Financial Advisors (NAIFA), Wells Fargo, American University, the Exit Planning Exchange (XPX), the American Marketing Association, and many leadership organizations, professional groups, and client companies.

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Building an Ethically Strong Organization

Posted By Administration, Monday, January 14, 2019

Recorded January 14, 2019

The media is replete with examples of unethical corporate behavior that has caused many to question the values and ethics that underpin the decision making of corporate elites. In their recently published paper in MIT Sloan Management Review, Professor Catherine Bailey and Associate Professor Amanda Shantz question why these scandals continue, despite the clear moral and financial imperatives for ethical action. And perhaps more importantly, they investigate what can be done to change matters. Drawing on in-depth research of five organizations, they found that although leadership matters in developing an ethical culture, it’s the little things that count. Indeed, what they call “micro-ethical dilemmas” challenge employees at all levels of the organization, and it is how those dilemmas are handled within an organization that dictate the ethical tone of an organization. What can organizations do to ensure that employees across all levels behave ethically? Bailey and Shantz developed the notion of creating a “strong ethical culture,” and articulate the ways in which organizational leaders can work toward cultivating an environment in which employees are motivated to “do the right thing.” 

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Presenters:

Catherine Bailey, King's Business School, King's College London

Catherine "Katie" Bailey is Professor of Work and Employment at King's Business School, King's College London. She is a Fellow of the Academy of Social Sciences, and sits on the editorial board of several highly ranked peer-reviewed journals. Her research focuses on meaningful work, employee engagement and strategic human resource management and she has published a number of books and numerous articles in international journals including the Sloan Management Review, Harvard Business Review and Academy of Management Perspectives. She is much in demand as a speaker on work and employment issues. 

 

Amanda Shantz, Trinity Business School, Trinity College Dublin

Amanda Shantz is an Associate Professor at Trinity Business School, Trinity College, University of Dublin. Her research interests include work engagement, human resource management, and ethics at work. She has published her work in several outlets, and regularly speaks to managers and human resources departments about her work. Amanda is also an Associate Editor of Human Relations, a Financial Times Top 50 Management journal. 

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Obduskey v. McCarthy & Holthus SCOTUS Oral Argument Synopsis

Posted By Administration, Tuesday, January 8, 2019

Recorded January 8, 2019

 

On January 7, 2019, NCBA member and Board Parlimentarian Brit Suttell attended the Oral Arguments in the Obduskey v. McCarthy & Holthus case at the United States Supreme Court. Today’s podcast focuses on:

  • Aspects of the case the SCOTUS justices seem to struggle with most in this case and the arguments.
  • Insights on the comments related to states’ rights/interest in governing their own property rights and considering whether the FDCPA would be an unwelcome infringement. 
  • Other on-site perspectives as heard in the courtroom yesterday.

 

Listen to the podcast

  

Presenter:

Brit J. 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.

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Canadian Creditor-Debtor Law

Posted By Administration, Wednesday, December 5, 2018

Recorded November 29, 2018

In this introduction to debt recovery in Canada, Mark Dobosz interviews Frank Spizzirri, counsel with the Canadian law firm AUDAXLAW, to learn the most important similarities and differences between debt recovery in Canada and the US.

Mr. Spizzirri will identify the basic legal framework that American creditors and their advisors should know when dealing with debt recovery in Canada, the first steps that a creditor would take in Canada, settlement and litigation options, what happens after a judgment is obtained, and explain if US money judgments be enforced in Canada.

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Presenter:

Frank Spizzirri, AUDAXLAW

Frank Spizzirri is counsel to the Canadian law firm AUDAXLAW, located in Toronto, Ontario. His practice is centered upon corporate advice, restructurings, debt recovery and dispute resolution. The corporate advisory work includes advising shareholders and directors on such matters as directors’ and officers’ liability and insurance, shareholder disputes, corporate financings, and risk management. His insolvency and restructuring experience includes acting for debtors seeking to restructure their business and operations, acting for insolvency professionals, and acting for creditors seeking recovery. Frank has extensive experience in debt recovery litigation, overturning fraudulent transactions, and shareholder disputes, as well as complex commercial matters. He is certified by the Law Society of Ontario as a specialist in bankruptcy and insolvency law. 

Frank is a prolific writer and speaker. He has spoken at and chaired many programs on bankruptcy and insolvency, debt recovery and commercial litigation in Canada and the United States. He has written numerous articles on insolvency and debt recovery and has published a book on Canadian insolvency law through the American Bankruptcy Institute (ABI). 

Frank was called to the Ontario Bar in 1995. He is the current Chair of the Insolvency Law Section of the Canadian Bar Association and a past Chair of the Insolvency Law Section of the Ontario Bar Association. Frank is the education director and newsletter editor for the International Committee of the American Bankruptcy Institute as well as a coordinating editor for its monthly  Journal. He is also a member of the National Creditors Bar Association. Frank is fluent in English and Italian.

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What is Law Practice Management Consulting?

Posted By Administration, Friday, November 16, 2018
Updated: Thursday, November 15, 2018

Recorded November 15, 2018

Is your firm struggling to keep up with technology, modernize your marketing strategies, and make more money while collecting less? National Creditors Bar Association has partnered with Red Cave Law Firm Consulting to provide law practice management consulting for NCBA members to address these common struggles firms face. Executive Director Mark Dobosz interviews Red Cave's Jared Correia to learn what law practice management consulting is and can do for your law firm. 

Listen to the podcast

  

Presenter:

Jared Correia, CEO, Red Cave Law Firm Consulting

Jared D. Correia, Esq. is the CEO of Red Cave Law Firm Consulting, which offers subscription-based law firm business management consulting services for law firms, bar associations and corporations. Red Cave also works with legal vendors to develop programming and content. Jared is also the COO of  Gideon Software, Inc., which offers intelligent messaging and predictive analytics software built exclusively for law firms. A former practicing attorney, Jared has been providing services to lawyers and law firms for over a decade. He is a regular presenter at local, regional and national events, including  ABA TECHSHOW. He regularly contributes to legal publications, including his column, ‘Managing,’ for Attorney at Work, his ‘Law Practice Confidential’ advice column for Lawyerist and his column for Above the Law focused on the legal technology startup community. Jared is is the host of the Legal Toolkit podcast on Legal Talk Network.  Jared also teaches for Concord Law School, Suffolk University Law School, Solo Practice University and Becker College. He loves James Taylor, but respects Ron Swanson; and, he tries to sneak Rolos when no one is looking.

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