Consumer Financial Services Institute (18th Annual)

Please join Epiq Systems for a cocktail reception directly after the conference Monday, April 8, 2013 at PLI New York Conference Center.

Day One: 9:00 a.m. - 5:00 p.m.

Morning Session: 9:00 a.m. - 12:45 p.m.

9:00 Introduction and Opening Remarks

Deepak Gupta, Alan S. Kaplinsky, John J. Roddy, Julia B. Strickland

9:10 Keynote Address: Meredith Fuchs, Associate Director & General Counsel, Consumer Financial Protection Bureau

NEW SESSION
9:30 CFPB Regulatory Update

• Final rule defining obligations to assess borrowers’ ability to repay mortgage loans and the qualified mortgage rule
• Final rules on mortgage escrow requirements, mortgage servicing and remittances
• Status of rule to combine Truth-in-Lending Act (TILA)/Real Estate Settlement Procedures Act (RESPA) disclosures
• Future non-mortgage rules including prepaid cards

Rodrigo J. Alba, Michael D. Calhoun, Leonard N. Chanin

NEW SESSION
10:30 CFPB Enforcement Update

• Investigative and enforcement structure and procedures
• What we can learn from the CFPB’s consent orders
• The potential liability of officers and directors

Lucy E. Morris, Christopher J. Willis

11:30 Networking Break

NEW SESSION

11:45 CFPB Supervision Update

• Who is subject to supervision now and who will be subject to supervision in the future
• Preparing for a CFPB examination
• The relationship between the supervisory and enforcement functions
• Does attorney/client privilege apply?
• Impact of the enactment of H.R. 4014 on the waiver of attorney/client privilege

April Breslaw, Matthew Lambert, Eric J. Mogilnicki

12:45 Lunch

Afternoon Session: 2:00 p.m. - 5:00 p.m.

2:00 Fair Lending & Mortgage Litigation

• Fair Lending
  - Update on disparate impact under Equal Credit Opportunity Act (ECOA) and the FHA in the courts and before the CFPB, HUD and the DOJ
  - Effect of the absence of disparate impact on both government and private litigation
  - Risks and challenges of fair lending enforcement in connection with non-mortgage products
  - Major risk areas to focus on in fair lending assessments
  - Status of the Mt. Holly case before the U.S. Supreme Court
• Mortgage Litigation
  - Update on private and governmental challenges to the Mortgage Electronic Registration System (MERS)
  - Evolving case law on the Home Affordable Modification Program (HAMP) and the current status of HAMP related litigation
  - Status of foreclosure documentation litigation
  - Evolving case law on TILA rescission issues
  - The latest on mortgage repurchase litigation

Eric I. Halperin, John P. Relman, Ira Rheingold, David A. Scheffel, Christopher J. Willis

3:45 Networking Break

4:00 Credit Card, Retail Banking and Emerging Payment Models

• Data breach litigation developments
• New theories of retail bank liability
• “Add-on” products litigation
• Emerging payment systems and Credit Card Accountability, Responsibility, and Disclosure Act (CARD Act) litigation updates
• Preemption developments

Michael D. Donovan, Noah A. Levine

5:00 Adjourn

Day Two: 9:00 a.m. - 5:00 p.m.

Morning Session: 9:00 a.m. - 12:15 p.m.

9:00 State Regulatory Initiatives and Developments

• AGs’ use of private attorneys to enforce consumer laws
• Lending, servicing and securitization enforcement: five years into the foreclosure crisis
• Collection of unlawful debts: using debt collection enforcement to enforce payday lending laws
• AG responses to common defense strategies in consumer cases
• Ancillary product sales violations

Christopher K. Barry-Smith, Norman A. Googel

10:00 Federal Financial Regulators Examine the Post Dodd-Frank Landscape

• Implications of Discover/Capital One/AMEX consent decrees involving allegations of deceptive telemarketing practices
• Regulators’ scrutiny of growing role of mobile devices in e-commerce
• Are the Facebook/Google/Equifax settlements changing privacy practices?
• Review of government efforts to quell scams targeting consumers facing foreclosure and other credit problems

Luke H. Brown, Grovetta N. Gardineer, Charles A. Harwood

11:00 Networking Break

11:15 The New Consumer Perspective

• Is the CFPB living up to its promises?
• What should the CFPB's priorities be going forward?
• Advocates “wish list” for new legislation
• New priorities in private litigation

Anthony Alexis, Professor Jeff Sovern

12:15 Lunch

Afternoon Session: 1:30 p.m. - 5:00 p.m.

1:30 Class Action Developments and Settlements and UDAP Update

• Class certification update: impact of WalMart on consumer cases?
  - Has the landscape truly shifted?
• Class settlement update
  - Developments regarding the reach of a class action release - are claims by regulators and AGs barred?
  - Structuring a notice program to address the law and technology
  - Other settlement considerations given current caselaw
• CARD Act litigation update
• UDAP developments
  - Is the implied covenant the new UDAP
• Are state attorneys general parens patriae actions removable under CAFA?
• Status of Rule 68 offers of judgement in light of the pending U.S. Supreme Court case, Genesis Healthcare Corp. v. Symczyk
• Intersection between regulatory, AG and private litigation

Jennifer A. McCabe, Stephen J. Newman, Jonathan D. Selbin, Dr. Shannon R. Wheatman

2:45 Telephone Consumer Protection Act (TCPA), Collection and Bankruptcy Issues

• Going up the TCPA chain - on whose “behalf” are calls made?
• Are billing aggregators susceptible to TCPA liability?
• Debt collection in 2013
• The importance of knowing your service providers
• Vicarious liability under the Fair Debt Collection Practices Act (FDCPA)

John W. Barrett, Donald S. Maurice

3:45 Networking Break

4:00 Arbitration

• Lower court opinions after AT& T Mobility v. Concepcion
• Will the U.S. Supreme Court use the American Express v. Italian Colors case to create a “vindication of statutory rights” exception to Concepcion?
• Bases (other than class action waivers) for challenging arbitration provisions
• Status of the CFPB’s study of consumer arbitration under Dodd-Frank

Gary B. Friedman, Andrew J. Pincus

5:00 Adjourn