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Spring 2013 Educational Sessions

NARCA 2013 Spring Collection Conference

Educational Sessions



Tues, May 7, 2013



HubNet Annual Meeting (May 7 and May 8)

Wed, May 8, 2013


8:00 AM - 11:30 AM

NARCA Board of Directors Meeting


(All NARCA Members welcome to attend)

3:30 PM - 11:00 PM

Registration Open

1:00 PM - 4:00 PM

California Creditors Bar Association Meeting

7:00 PM - 9:00 PM

AACA Welcome Reception (By Invitation Only)

9:00 PM - 11:00 PM

Defense Bar Reception

Thurs, May 9, 2013

Client Day

7:00 AM - 8:30 PM

NARCA Conference Registration Desk Open

8:00 AM - 6:00 PM

Client Meetings


Client Meetings are 30 minutes each and will be limited to conference registrants.  "By Invitation Only" is at the request of the clients for their meetings.  A NARCA Conference Registration is required to attend all meetings.

8:00 AM - 8:30 AM

CLIENT MEETING - Discover Financial Services (By Invitation Only)

8:40 AM - 9:10 AM

CLIENT MEETING - Nationwide Credit, Inc. (By Invitation Only)

9:20 AM - 9:50 AM

CLIENT MEETING - Resurgent Capital Services (By Invitation Only)

10:00 AM - 11:00 AM

NARCA Defense Bar Education Session


FCRA Overview for Collection Attorneys Emerging and Existing Credit Reporting Issues for Collection Attorneys: This panel will provide an overview of the credit reporting process (credit reporting agencies, information furnishers and users, and consumers). The panelists will also explore areas of potential concern for NARCA members and their clients, such as the permissible purposes for obtaining a credit report, the duties of furnishers when reporting information and investigating consumer disputes and agreements to delete trade lines, among other issues.




Rob Horwitz - Dykema


Joseph Messer - Messer & Stilp, Ltd.


Jeffrey Topor - Simmonds & Narita, LLP

10:00 AM - 10:30 AM

CLIENT MEETING - American Recovery Service Inc. (By Invitation Only)

10:40 AM - 11:10 AM

CLIENT MEETING - InvestiNet, LLC (By Invitation Only)

12:00 PM - 12:30 PM

CLIENT MEETING - Cavalry Portfolio Services, LLC (By Invitation Only)

1:20 PM - 1:50 PM

CLIENT MEETING - Midland Credit Management (By Invitation Only)

2:00 PM - 2:30 PM

CLIENT MEETING - Harvest Strategy Group, Inc. (By Invitation Only)

2:00 PM - 3:00 PM

NARCA Defense Bar Education Session


HELP! Rescuing Your Business from the Problem Employee This panel will provide an overview of helpful strategies for interacting with, disciplining and even terminating problem employees. Among the topics that will be discussed are: (1) establishing effective practices in the evaluation, discipline, and/or termination of problem employees; (2) dealing with employee-created obstacles to effective discipline for poor job performance, including unfounded claims of retaliation, discrimination, or improper payment of wages; and (3) establishing effective social media policies and practices to deal with employee online rants and other misconduct.




Christine Onstott - Kronick Moskovitz Tiedemann & Girard


Nicole Strickler - Messer & Stilp, LTD

2:40 PM - 3:10 PM

CLIENT MEETING - TRAKAmerica (By Invitation Only)

3:20 PM - 3:50 PM

CLIENT MEETING - Credigy (By Invitation Only)

4:00 PM - 4:30 PM

CLIENT MEETING - NCO Financial Systems, Inc. (By Invitation Only)

4:40 PM - 5:10 PM

CLIENT MEETING - Capital One (By Invitation Only)

5:20 PM - 5:50 PM

CLIENT MEETING - American Alliance of Creditor Attorneys, Inc. (By Invitation Only)

5:00 PM - 6:30 PM

Q-Law User Group Meeting

5:30 PM - 7:00 PM

TriVium Systems Users Reception (By invitation only)

6:00 PM - 7:00 PM

Professional Women in the Collection Industry "PWCI" Reception

6:15 PM - 7:00 PM

First Time Attendee and NARCA New Member Session


Plan to get the most out of your first NARCA Conference - attend this session to meet NARCA Leaders and learn how to make the most of this conference to insure the success of your firm.

7:00 PM - 8:30 PM

Opening Reception in the NARCA Exhibit Hall


The NARCA Exhibits are as much a part of the educational experience as the educational sessions.  This Opening Reception is in the Exhibit Hall as it provides the opportunity for everyone to get reacquainted AND to visit with those who provide services and materials to the practice area of legal collection.

Fri, May 10, 2013

Education Day 1

7:00 AM - 8:30 PM

NARCA Conference Registration Desk Open

7:00 AM - 8:00 AM

Breakfast with the Exhibitors


For the Early Birds - This is a great time to spend time learning about the goods and services provided by Conference Exhibitors.

8:00 AM - 5:00 PM

Collection/Operations Management Track - Click for Agenda

8:00 AM - 9:00 AM

General Session #1


The FDCPA Implied Exceptions to Litigation Activity - What the CFPB Doesn't Want You to Know


Not all litigation activity is subject to the FDCPA.  In Heintz, the Supreme Court recognized an "additional, implicit, exception"  In Section 1692c(c) to certain litigation activities.  The Eighth and Seventh Circuits have also recognized implied exceptions in some situations.  What are the exceptions and how are they identified?  What impact does the doctrine of implied exceptions have on the CFPB's stated intention to regulate attorneys?  The panel will explore these issues and the boundaries of the application of the FDCPA to collection attorney conduct.




Don Maurice - Maurice & Needleman, P.C.


Manny Newburger - Barron & Newburger, PC


David Schultz - Hinshaw & Culbertson, LLP

9:00 AM - 10:00 AM

Keynote Address:  Peter Sheahan


Making Change Happen: Cutting-Edge Strategies for Influencing Other People's Decisions and Behavior


Innovation is unleashed through people, yet people generally don't like the changes required to take a new idea and transform it into a 'value-creating' innovation. NARCA members find themselves in a regulatory environment that requires change. As our businesses continue to evolve, we need to not only change the way we think about change, but also change the way our staff behaves, and even influence the way the market uses our services. It is crucial then, that as leaders, we understand how to position new products and ideas, and the structures and stories that surround its introduction in such a way that it is natural, rational and potentially unavoidable for people to support the required changes. In this eye opening and case-study-rich session, Peter Sheahan will unpack the 4 layers of human decision making and specific strategies for influencing staff and customers at each level.

10:00 AM - 10:30 AM

Morning Break in the NARCA Exhibit Hall

10:30 AM - 11:30 AM

General Session #2


Report from Client Quality Standards Task Force


Given the new norm in our industry and various requirements of clients, both clients and firms have worked to put together a draft document that outlines the minimum standards expected from law firms.  This comprehensive effort covers business continuity, business operations, training and security.  Matt Russell and Xenia Murphy will discuss the draft document, what is included and what is not and how this will positively impact both client and firms alike.




Xenia Murphy - Midland Credit Management


Matthew Russell - TRAKAmerica

11:30 AM - 12:30 PM

General Session #3


CFPB's Supervision - Tracking Wrong Party Contacts Never Felt So Right


A component of the CFPB's top focus for its agency supervision program focuses efforts around wrong party contact ratios rather than right party contact ratios.  Some agencies have been told by card companies that they can no longer call on debtor neighbors, nearby's, etc.  This panel discussion moderated by Experian will share their ideas on how to comply, What tools/processes do you have in place to ensure you're pursuing the right party?  What do you look for when vendors are delivering data?


Moderator:  MaryAnne Gorman - Experian




Mike Cushing - Fourscore Resource Capital, LLC

Peter Ghiselli - North American Asset Services, LLC

12:30 PM - 1:45 PM

Lunch in the Exhibit Hall

1:45 PM - 2:30 PM

NARCA Business Meeting


Learn about the state of NARCA from President Louis Freedman and join J.C. Boggs, a partner in the Government Advocacy and Public Policy practice at the Washington, DC law firm of King & Spalding, for a discussion on NARCA's federal government affairs initiatives in the 113th Congress.

2:30 PM - 3:30 PM

General Session #4


Service Provider Selection, Management and Audits


 Do you really know your vendors? Do you need to? What if you don’t?  This panel will examine how to select, manage and audit the vendors who provide goods and services to collection law firms and the burdens resulting therefrom from the perspectives of the client, law firm, vendors and independent auditors.


Moderator:  Harvey Moore - The Moore Law Group




Mark Groves - Glasser and Glasser, P.L.C.


Scott Koznek - ABC Legal


Steve Levy - Court Appearance Professionals


Mike Linck - TrendSource


Tanya McCombs - NCO

3:30 PM - 4:00 PM

Refreshment Break


Visit with exhibitors and learn about the latest and greatest to support operations in the law firm.

4:00 PM - 5:00 PM

General Session #5


Authentication of Media by the Assignee


This panel discussion will demystify the concepts of authentication of an assignor's media by the assignee.  The law is sufficiently settled but insufficiently litigated.  Be part of this discussion to learn how to win your contested trials by using the assignee's employee to authenticate credit card billing statements, auto loan documents or any purchased debt.  The failed arguments of the consumer bar are tied to the mistaken belief that the authenticating witness must have been involved with generating the records.  An array of federal and state cases make it clear that a debt purchaser has the ability to authenticate.  Ron Canter and David Ashe  will discuss their successes and challenges on this issue to include a moot court presentation to demonstrate the foundation questions and the likely challenges by the debtor or the court.  Come learn from the presentation and obtain the briefing papers to use in your next win. 




David Ashe - Dominion Law Associates


Ron Canter - The Law Offices of Ronald S. Canter, LLC

5:00 PM - 6:00 PM

Happy Hour with the Exhibitors

6:00 PM

Exhibits Close

8:00 PM - 10:00 PM

Friday Night Event at PURE Nightclub


Enjoy cocktails and gourmet offerings at the PURE Nightclub Terrace - claimed to be the most beautiful club in the world!  Relax in cabanas and sofa seating and relish unparalleled views of the Las Vegas Strip. Attendees must be 21+ years of age with proper ID. Dress code: No sneakers, tennis shoes, sandals (male), athletic wear, shorts or hats.

Sat, May 11, 2013

Education Day 2

7:00 AM - 1:00 PM

NARCA Conference Registration Desk Open

8:00 AM - 9:00 AM

Continental Breakfast

9:00 AM - 10:00 AM

General Session #6


Ethics and Technology


Cloud computing, social media and other developing technologies are being embraced by the legal profession.  Many ethical issues arise relating to these topics. This presentation will explore recent ethics opinions addressing lawyer's use (and abuse) of new technologies and discuss what steps must be taken and what "best practices" are relating to these new technologies.




David Kaminski - Carlson & Messer LLP

Gina McNaughton - The McNaughton Group

Dave Melcer - Bass & Associates, P.C.

10:00 AM - 11:00 AM

General Session #7


Ready or Not - The CFPB is Out on Patrol


What lessons have been learned from the initial round of CFPB examinations, civil investigative demands, and settlement orders and what can you do to prepare your firm or your clients?  Panelists will share their experiences with the CFPB, will pay special attention to the areas receiving heightened scrutiny, and will also explore current hot topics, including attorney-client privilege, CFPB information sharing, and the latest CFPB-related developments.  Panelists will conclude by telling you how you can prepare for an examination or civil investigative demand, including what you or your clients need to do to develop appropriate policies and procedures and how best to document your or their compliance efforts.




John Culhane - Ballard Spahr, LLP


Chris Willis - Ballard Spahr, LLP

11:00 AM - 11:15 AM

Refreshment Break

11:15 AM - 12:15 PM

General Session #8


Preparing for the "New Normal” Compliance Environment—Keeping Ahead of the Audit Curve


SSAE 16, PCI, and ISO….what do they stand for?  Are they applicable to your firm?  What do they cost?  Is an internal audit department necessary in the "new normal” compliance environment that collection attorneys are facing?  Chris will discuss the external audit standards presently applicable to the collection industry that many clients are now requiring from their attorneys.  The panelist will also cover the creation of an internal audit department, in addition to sharing ideas on  how such efforts can create value for your firm. 




Chris Couch - Couch, Conville & Blitt

Daniel Fallon - Lustig, Glaser & Wilson, P.C.

12:15 PM

NARCA Conference Adjourns


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