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CFPB’s Final Rule on Debt Collection Practices: Communication/eSignatures

Webinar

Wednesday, November 4, 2020
12:00 PM - 1:00 PM (EST)

The CFPB recently released the final Rule on Debt Collection Practices. In this webinar, we look at the Rule’s changes to permissible communications and eSignatures. Creditor rights attorneys of all experience levels will benefit from this informative presentation. (CLE accreditation pending*; offered to NCBA members only.)

Presenters:

Leslie Bender, Clark Hill PLC

Leslie C. Bender is a Senior Counsel in Clark Hill’s Banking & Financial Services group who specializes in corporate, compliance, privacy, transactional, credit and collections matters.

Leslie's experience lies in privacy, consumer financial protection, HIPAA, data security, labor and employment, litigation, contracts, alternative dispute resolution and mediation, government affairs, regulatory relations, change and project management. In addition, Leslie has over two decades of experience in privacy and consumer financial protection and related regulatory relations before various federal and state regulators.

She is an engaging corporate trainer with over thirty years’ experience working with financial institutions, collection agencies and as a compliance consultant and trainer for hospitals. Recognized as a national expert on information privacy and security law, she was one of the first privacy officers accredited by the International Association of Privacy Professionals as a Certified Information Privacy Professional.

Leslie has the following certifications, credentials, and designations: International Fellowship of Certified Collection Executives (IFCCE), Certified Information Privacy Professional/United States (CIPP/US), Credit and Collection Compliance Officer (CCCO), Credit and Collection Compliance Attorney (CCCA).

June Coleman, Messer Strickler, Ltd.

June D. Coleman is a defense litigator with more than 18 years of experience. Her areas of emphasis include defense of consumer rights actions involving the FDCPA, TCPA, and FCRA. She has a deep understanding of permissible debt collection conduct and how best to defend claims and minimize liability in the collection industry. She is also familiar with governmental investigations and prosecutions, including those conducted by the AGs and the CFPB, as well as defending collection attorneys before the California State Bar. For 7 years (2008-2012, 2014-2016), Ms. Coleman has been voted by her peers as one of the top 5% of lawyers practicing in Northern California, earning her a spot on the Northern California Super Lawyers list; and has been voted by her peers to the "Best of the Bar" list by the Sacramento Business Journal from 2013-2016. Sacramento Magazine has also named Ms. Coleman to their inaugural 2015 Top of the Bar list based on a peer review. Ms. Coleman is a Martindale Hubbell AV Preeminent rated attorney.

Manuel Newburger, Barron & Newburger, P.C.

Manuel H. (Manny) Newburger leads the Consumer Financial Services Law Practice Group at Barron & Newburger, P.C., a national law firm based in Austin, Texas. A well-known author on the FDCPA and similar laws, he has defended individual and class action lawsuits across the country and consulted to collection industry members throughout the U.S., India, the Philippines, and Canada. His practice group focuses on litigation, litigation management, and compliance. A Fellow of the American College of Consumer Financial Services Lawyers, Mr. Newburger has taught consumer law at the University of Texas School of Law since 1999.

He is licensed to practice in Texas and Colorado and in nineteen different federal districts, eight federal courts of appeals, and the United States Supreme Court, and he has appeared as amicus curiae counsel in a number of high-profile consumer law cases. He has repeatedly been recognized as a Texas Super Lawyer, and he is board-certified as a specialist in consumer and commercial law by the Texas Board of Legal Specialization. Barron & Newburger, P.C. has offices in California, Colorado, Florida, Georgia, New Jersey, New York Pennsylvania, and Texas.

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.

CLE Information

National Creditors Bar Association is a national provider of legal educational content. NCBA’s goal is to provide its members with as many opportunities as possible to earn Continuing Legal Education (CLE) credits. Some NCBA webinars state that they are pending approval. If a webinar is pending approval, it means that NCBA’s education staff is awaiting confirmation of approval for CLE credit from the accrediting body of a particular state; it should be noted that individual states have different response and approval rates. NCBA expects that the course will be approved for the credit amount and type listed, but approval is not guaranteed. An attorney can still take the course at their own discretion, though.

It is not uncommon for a course which is pending approval to not be approved until after the webinar has taken place. Once an official decision notice arrives from the state, NCBA will notify attorneys who have completed the course as soon as possible via email, and will re-issue any certificates of completion to reflect the updated state reporting numbers. However, it is recommended that attorneys do not view webinars that are pending approval close to their CLE deadline, as NCBA cannot guarantee that a course will be approved in time.

National Creditors Bar Association will seek MCLE accreditation, with the assistance of the ABA MCLE, for this webinar. The NCBA will seek General CLE credit hours in 60-minute-hour states, and in 50-minute states, subject to each state’s approval and credit rounding rules. States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. A link for CLE requests will be provided to webinar attendees who have met the attendance and engagement requirements.