Seminar  Program

23rd Annual Consumer Financial Services Institute


Select a Location:

Why You Should Attend

The Consumer Financial Protection Bureau (CFPB) recently celebrated its sixth anniversary and the consumer financial services industry is working to keep pace with the CFPB’s extraordinary number of regulatory and enforcement initiatives. At the same time, other federal and state regulators and attorneys general are ramping up their activity and threatening to fill any void if the successor to CFPB Director Cordray is less aggressive in pursuing enforcement. Also, the volume of private litigation, including class actions, remains high.

2018 will mark the 23rd year of this exceptional program. This year, we will focus on a broad array of recent regulatory, enforcement and litigation issues relating to mortgages; auto finance; credit, debit and prepaid cards; marketplace lending and Fintech; deposit accounts; student loans; and other products and services. We will also focus on new developments pertaining to fair lending, and the TCPA, FDCPA, FCRA, Military Lending Act and SCRA. Join us and our esteemed faculty for an insightful review of this dynamic area of legal practice.

What You Will Learn

 • Developments at the CFPB during the past year and its agenda for the next year under new leadership

• Recent regulatory and enforcement initiatives of other federal and state regulators and attorneys general

• The latest wave of litigation against banks and other consumer financial services companies

• Regulatory and litigation priorities of consumer advocates in the next year

• The increased focus on privacy and data security and how that impacts products being offered over the Internet and through smartphones

• Ethical issues unique to the consumer financial services space

Who Should Attend

All professionals involved in consumer financial services, including lawyers, legal and compliance professionals, bankers, lenders, debt collectors, credit bureaus, consumer advocates and professors, will gain many practical takeaways from this program.


PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

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

9:00 Opening Remarks

Speakers: Alan S. Kaplinsky, John J. Roddy, Julia B. Strickland, Beth E. Terrell

9:15 The CFPB Speaks
General
•     Meeting the new CFPB leadership
•     Constitutional challenges to the CFPB
•     Legislative reform
Regulatory Developments
•     CRA disapproval of final arbitration rule and next steps
•     Final small dollar lending rule
•     Final prepaid account rule and proposed amendments
•     Status of other rules involving debt collection, overdraft practices, and small business lending data 
       collection
•     Implementation of new mortgage rules and status of amendments to TILA-RESPA integrated 
      disclosure rule
•     Priorities going forward
Supervisory Developments
•     Status of future "larger participant" rules, including for installment and auto title lenders
•     Status of registration system for nonbank lenders
•     Priorities going forward
Enforcement Developments
•     Important consent order and enforcement litigation during the past year
•     Ongoing litigation under the new CFPB leadership
•     Use of UDAAP authority for “abusive” acts or practices
•     Priorities going forward
Speakers: Eric J. Mogilnicki , Christopher J. Willis

11:00 Networking Break

11:15 Federal Regulators Speak: Priorities & Coordination
•     Regulatory compliance for new products and platforms, including FinTech and the use of online and 
      mobile platforms for marketing, origination and servicing
•     Fair Lending hot issues (redlining, reverse redlining, lending and servicing issues related to race and 
      national origin, limited English proficiency, disability, pregnancy and maternity leave status)
•    Fraud and misrepresentation focus
•    Privacy and data security considerations
•    Transition and priorities for 2018 and beyond
(IAPP Privacy credit for Privacy Professionals)
(CFE Field of Study: Fraud)

Speakers: Richard K. Hayes, Malini Mithal, Quyen T. Truong

12:30 Lunch

1:45 State Regulatory Activism Update and Recent Developments
•     U.S. v. Dish – prototype for coordinated enforcement actions?
•     Pursuing law firm debt collection mills
•     Equity stripping home repair frauds
•     Continuing relief for students of for-profit colleges
•     Auto finance and credit insurance scams
•     Regional multistate actions by collaborating Attorneys General
(CFE Field of Study: Fraud)

Speakers: Jane M. Azia, Shennan A. Kavanagh

2:45 Networking Break

3:00 Data Security and Privacy Issues
•     Cutting edge compliance issues and best practices
•     Is your confidential client information safe from hackers?
•     How the Equifax debacle could alter credit reporting
•     Responding to regulatory subpoenas without compromising sensitive data
•     State and federal legislative and regulatory update
(IAPP Privacy credit for Privacy Professionals)
(CFE Field of Study: Fraud)

Speakers: Serge Jorgensen, Katherine E. McCarron, Matthew H. Meade

4:00 Fair Credit Reporting Act/ Debt Collection Issues
•     Pedro v.Equifax and reporting on authorized user accounts:  What does it mean for
      defining “accuracy”?  For determining what is a “willful” violation?
•     Are standalone disclosure claims still viable after Groshek v. Time Warner and Dreher v. Experian?
•     The dangers of class trials on statutory damages claims:  Ramirez v. TransUnion
•     What does the Equifax data security breach mean for FCRA litigation?
•     Increasing public and private litigation directed at debt collection mills
(IAPP Privacy credit for Privacy Professionals)
(CFE Field of Study: Fraud)

Speakers: David N. Anthony, Leonard Bennett, John Soumilas

Day Two: 9:00 a.m. - 4:30 p.m.

9:00 Class Actions and Litigation Update
•     Changes to class action standards through legislation and Rule 23 amendments and their impact
•     Update on class certification jurisprudence, including ascertainability
•     What do changes on the Supreme Court suggest for class actions?
•     Spokeo and its progeny—the continuing evolution of standing requirements
•     Class action settlement developments, including the widening Circuit split as exemplified in Facebook 
       and Subway
Speakers: Elizabeth J. Cabraser, Hon. Rebecca R. Pallmeyer, Alan Schoenfeld

10:15 Networking Break

10:30 Representing Consumers in a Trump World: Plaintiffs’ Perspective
•     Challenging arbitration clauses after repeal of the CFPB rule
•     Tribal payday lending litigation update
•     Student lending: regulatory and litigation update
•     State court litigation trends in light of Spokeo and BMS
Speakers: F. Paul Bland, Jr., Christopher L. Peterson, Matthew Wessler

12:00 Lunch

1:15 What’s Trending Now: Cutting Edge Consumer Financial Services Updates
•     Supreme Court decisions and trends
•     Choosing where to sue or settle in the wake of Bristol Myers Squibb
•     Using injunctive relief to create change; the impact of Davidson v. Kimberly-Clark
•     Litigation and settlement trends in data breach and TCPA litigation
(CFE Field of Study: Fraud)

Speakers: Andre M. Mura, Christopher L. Peterson, Matthew Wessler

2:15 Networking Break

2:30 The Rapidly Changing Landscape for Marketplace Lending and FinTech
• Status of the OCC’s proposed FinTech charter, including litigation challenging the charter - CSBS v. 
   OCC
and New York Dep’t of Fin. Svcs. v. OCC
• Bank partnership issues, including “true lender” and Madden v. Midland Funding and Colorado's 
   litigation against Avant Inc. and Marlette Funding LLC d/b/a Best Egg
• Increasing scrutiny of small business finance
• Balancing innovation with consumer protection
(CFE Field of Study: Fraud)

Speakers: Frank R. Borchert, Cornelius K. Hurley, Robert S. Lavet

3:30 Ethical Issues Unique to the Consumer Space
• The impact of In re Payment Card Interchange Fee on litigating and settling class actions
• Ethical issues in joint defense agreements
• Ethical issues in the use of social media by lawyers and/or clients
• Ethical pitfalls in the settlement context; a mediator’s perspective
Speakers: John W. Barrett, Joshua P. Davis, Jennifer Smith Finnegan, Bruce A. Friedman

4:30 Adjourn

Co-Chair(s)
Alan S. Kaplinsky ~ Ballard Spahr LLP
John J. Roddy ~ Bailey & Glasser LLP
Julia B. Strickland ~ Stroock & Stroock & Lavan LLP
Beth E. Terrell ~ Terrell Marshall Law Group
Speaker(s)
David N. Anthony ~ Troutman Sanders LLP
Jane M. Azia ~ Bureau Chief, Consumer Frauds and Protection Bureau, Office of the Attorney General of New York
John W. Barrett ~ Bailey & Glasser LLP
Leonard Bennett ~ Consumer Litigation Associates, P.C.
F. Paul Bland, Jr. ~ Executive Director, Public Justice
Frank R. Borchert ~ General Counsel & Secretary, Marlette Funding, LLC
Elizabeth J. Cabraser ~ Partner, Lieff Cabraser Heimann & Bernstein, LLP
Joshua P. Davis ~ Professor, Director of the Center for Law and Ethics, and Dean’s Circle Scholar , University of San Francisco Law School
Jennifer Smith Finnegan ~ Herrick, Feinstein LLP
Bruce A. Friedman ~ Mediator and Abitrator, JAMS
Richard K. Hayes ~ Deputy Chief, Civil Division, Department of Justice (DOJ)
Cornelius K. Hurley ~ Director, Boston University Center for Finance, Law & Policy, Senior Provost Fellow , Boston University School of Law
Serge Jorgensen ~ Founding Partner & CTO, Sylint Group, Inc.
Shennan A. Kavanagh ~ Deputy Chief of the Consumer Protection Division, Office of the Attorney General of Massachusetts
Robert S. Lavet ~ General Counsel, Social Finance, Inc.
Katherine E. McCarron ~ Attorney, Division of Privacy and Identity Protection , Bureau of Consumer Protection,Federal Trade Commission
Matthew H. Meade ~ Buchanan Ingersoll & Rooney PC
Malini Mithal ~ Acting Associate Director, Division of Financial Practices, Federal Trade Commission
Eric J. Mogilnicki ~ Covington & Burling LLP
Andre M. Mura ~ Gibbs Law Group LLP
Hon. Rebecca R. Pallmeyer ~ U.S. District Judge, U.S. District Court, Northern District of Illinois
Christopher L. Peterson ~ John J. Flynn Endowed Professor of Law, S.J. Quinney College of Law,University of Utah
Alan Schoenfeld ~ Wilmer Cutler Pickering Hale & Dorr LLP
John Soumilas ~ Francis & Mailman, P.C.
Quyen T. Truong ~ Stroock & Stroock & Lavan LLP
Matthew Wessler ~ Gupta Wessler PLLC
Christopher J. Willis ~ Ballard Spahr LLP
Program Attorney(s)
Danielle B. Cohen ~ Senior Program Attorney, Practising Law Institute

New York City Seminar Location

PLI New York Center
, 1177 Avenue of the Americas, (2nd floor), entrance on 45th Street, New York, New York 10036. (800) 260-4754.

New York City Hotel Accommodations

Crowne Plaza Times Square Manhattan, 1605 Broadway (48th Street), New York, NY 10019 (212) 977-4000. When calling, mention Practising Law Institute. You can also make reservations online to access PLI's rates.

The Muse, 130 West 46th Street, New York, NY 10036. Please call reservations at 1-800-546-7866. When calling, please mention Practising Law Institute and Corporate Rate ID 786839408. In addition, you can book online at PLI Muse Hotel

Millennium Broadway Hotel, 145 West 44th Street, New York, NY 10036. Please call reservations at 1-800-622-5569. When calling, please mention Practising Law Institute. In addition, you can book online at PLI Millennium Hotel .

 Hyatt Times Square, 135 W. 45th Street, New York, NY 10036. For reservations, please call (646) 364-1234. When calling mention rate code CR56218 or Practising Law Institute.

General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.


U.S. MCLE States

Alabama: PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live seminars qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

California:  PLI’s live seminars qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Illinois: All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Iowa:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Kansas:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live programs.

Kentucky:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Louisiana:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Maine:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Minnesota:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Mississippi:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Missouri:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Montana:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Nebraska:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Nevada:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

New Mexico:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live seminars can be used to fulfill the requirements for newly admitted attorneys. All credit categories may be earned via transitional live seminars.

North Carolina:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars

North Dakota:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Ohio:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Oklahoma:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania: PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Puerto Rico:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Rhode Island:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

South Carolina:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Tennessee:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Vermont:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live seminars qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

West Virginia:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Wisconsin:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Wyoming:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live seminars qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live seminars qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC): PLI’s live seminars can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live seminars qualify as “live” credit. There is no limit to the number of points an attorney can earn via live seminars.

United Kingdom (CPD-UK):  PLI’s live seminars can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live seminars qualify as “live” credit in all Australian jurisdictions. There is no limit to the number of credits an attorney can earn via live seminars.

Other Credit Types

CPE Credit (NASBA): PLI’s live seminars qualify as “Group-Live delivery” credit.

IRS Continuing Education (IRS-CE): PLI’s live seminars may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live seminars may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live seminars may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live seminars may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live seminars qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live seminars qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live programs.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live seminars may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live seminars may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live seminars may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live seminars may fulfill CFP credit requirements.

 

Why You Should Attend

The Consumer Financial Protection Bureau (CFPB) recently celebrated its sixth anniversary and the consumer financial services industry is working to keep pace with the CFPB’s extraordinary number of regulatory and enforcement initiatives. At the same time, other federal and state regulators and attorneys general are ramping up their activity and threatening to fill any void if the successor to CFPB Director Cordray is less aggressive in pursuing enforcement. Also, the volume of private litigation, including class actions, remains high.

2018 will mark the 23rd year of this exceptional program. This year, we will focus on a broad array of recent regulatory, enforcement and litigation issues relating to mortgages; auto finance; credit, debit and prepaid cards; marketplace lending and Fintech; deposit accounts; student loans; and other products and services. We will also focus on new developments pertaining to fair lending, and the TCPA, FDCPA, FCRA, Military Lending Act and SCRA. Join us and our esteemed faculty for an insightful review of this dynamic area of legal practice.

What You Will Learn

 • Developments at the CFPB during the past year and its agenda for the next year under new leadership

• Recent regulatory and enforcement initiatives of other federal and state regulators and attorneys general

• The latest wave of litigation against banks and other consumer financial services companies

• Regulatory and litigation priorities of consumer advocates in the next year

• The increased focus on privacy and data security and how that impacts products being offered over the Internet and through smartphones

• Ethical issues unique to the consumer financial services space

Who Should Attend

All professionals involved in consumer financial services, including lawyers, legal and compliance professionals, bankers, lenders, debt collectors, credit bureaus, consumer advocates and professors, will gain many practical takeaways from this program.


PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

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

9:00 Opening Remarks

Speakers: Alan S. Kaplinsky, John J. Roddy, Julia B. Strickland, Beth E. Terrell

9:15 The CFPB Speaks
General
•     Meeting the new CFPB leadership
•     Constitutional challenges to the CFPB
•     Legislative reform
Regulatory Developments
•     CRA disapproval of final arbitration rule and next steps
•     Final small dollar lending rule
•     Final prepaid account rule and proposed amendments
•     Status of other rules involving debt collection, overdraft practices, and small business lending data 
       collection
•     Implementation of new mortgage rules and status of amendments to TILA-RESPA integrated 
      disclosure rule
•     Priorities going forward
Supervisory Developments
•     Status of future "larger participant" rules, including for installment and auto title lenders
•     Status of registration system for nonbank lenders
•     Priorities going forward
Enforcement Developments
•     Important consent order and enforcement litigation during the past year
•     Ongoing litigation under the new CFPB leadership
•     Use of UDAAP authority for “abusive” acts or practices
•     Priorities going forward
Speakers: Eric J. Mogilnicki , Christopher J. Willis

11:00 Networking Break

11:15 Federal Regulators Speak: Priorities & Coordination
•     Regulatory compliance for new products and platforms, including FinTech and the use of online and 
      mobile platforms for marketing, origination and servicing
•     Fair Lending hot issues (redlining, reverse redlining, lending and servicing issues related to race and 
      national origin, limited English proficiency, disability, pregnancy and maternity leave status)
•    Fraud and misrepresentation focus
•    Privacy and data security considerations
•    Transition and priorities for 2018 and beyond
(IAPP Privacy credit for Privacy Professionals)
(CFE Field of Study: Fraud)

Speakers: Richard K. Hayes, Malini Mithal, Quyen T. Truong

12:30 Lunch

1:45 State Regulatory Activism Update and Recent Developments
•     U.S. v. Dish – prototype for coordinated enforcement actions?
•     Pursuing law firm debt collection mills
•     Equity stripping home repair frauds
•     Continuing relief for students of for-profit colleges
•     Auto finance and credit insurance scams
•     Regional multistate actions by collaborating Attorneys General
(CFE Field of Study: Fraud)

Speakers: Jane M. Azia, Shennan A. Kavanagh

2:45 Networking Break

3:00 Data Security and Privacy Issues
•     Cutting edge compliance issues and best practices
•     Is your confidential client information safe from hackers?
•     How the Equifax debacle could alter credit reporting
•     Responding to regulatory subpoenas without compromising sensitive data
•     State and federal legislative and regulatory update
(IAPP Privacy credit for Privacy Professionals)
(CFE Field of Study: Fraud)

Speakers: Serge Jorgensen, Katherine E. McCarron, Matthew H. Meade

4:00 Fair Credit Reporting Act/ Debt Collection Issues
•     Pedro v.Equifax and reporting on authorized user accounts:  What does it mean for
      defining “accuracy”?  For determining what is a “willful” violation?
•     Are standalone disclosure claims still viable after Groshek v. Time Warner and Dreher v. Experian?
•     The dangers of class trials on statutory damages claims:  Ramirez v. TransUnion
•     What does the Equifax data security breach mean for FCRA litigation?
•     Increasing public and private litigation directed at debt collection mills
(IAPP Privacy credit for Privacy Professionals)
(CFE Field of Study: Fraud)

Speakers: David N. Anthony, Leonard Bennett, John Soumilas

Day Two: 9:00 a.m. - 4:30 p.m.

9:00 Class Actions and Litigation Update
•     Changes to class action standards through legislation and Rule 23 amendments and their impact
•     Update on class certification jurisprudence, including ascertainability
•     What do changes on the Supreme Court suggest for class actions?
•     Spokeo and its progeny—the continuing evolution of standing requirements
•     Class action settlement developments, including the widening Circuit split as exemplified in Facebook 
       and Subway
Speakers: Elizabeth J. Cabraser, Hon. Rebecca R. Pallmeyer, Alan Schoenfeld

10:15 Networking Break

10:30 Representing Consumers in a Trump World: Plaintiffs’ Perspective
•     Challenging arbitration clauses after repeal of the CFPB rule
•     Tribal payday lending litigation update
•     Student lending: regulatory and litigation update
•     State court litigation trends in light of Spokeo and BMS
Speakers: F. Paul Bland, Jr., Christopher L. Peterson, Matthew Wessler

12:00 Lunch

1:15 What’s Trending Now: Cutting Edge Consumer Financial Services Updates
•     Supreme Court decisions and trends
•     Choosing where to sue or settle in the wake of Bristol Myers Squibb
•     Using injunctive relief to create change; the impact of Davidson v. Kimberly-Clark
•     Litigation and settlement trends in data breach and TCPA litigation
(CFE Field of Study: Fraud)

Speakers: Andre M. Mura, Christopher L. Peterson, Matthew Wessler

2:15 Networking Break

2:30 The Rapidly Changing Landscape for Marketplace Lending and FinTech
• Status of the OCC’s proposed FinTech charter, including litigation challenging the charter - CSBS v. 
   OCC
and New York Dep’t of Fin. Svcs. v. OCC
• Bank partnership issues, including “true lender” and Madden v. Midland Funding and Colorado's 
   litigation against Avant Inc. and Marlette Funding LLC d/b/a Best Egg
• Increasing scrutiny of small business finance
• Balancing innovation with consumer protection
(CFE Field of Study: Fraud)

Speakers: Frank R. Borchert, Cornelius K. Hurley, Robert S. Lavet

3:30 Ethical Issues Unique to the Consumer Space
• The impact of In re Payment Card Interchange Fee on litigating and settling class actions
• Ethical issues in joint defense agreements
• Ethical issues in the use of social media by lawyers and/or clients
• Ethical pitfalls in the settlement context; a mediator’s perspective
Speakers: John W. Barrett, Joshua P. Davis, Jennifer Smith Finnegan, Bruce A. Friedman

4:30 Adjourn

Co-Chair(s)
Alan S. Kaplinsky ~ Ballard Spahr LLP
John J. Roddy ~ Bailey & Glasser LLP
Julia B. Strickland ~ Stroock & Stroock & Lavan LLP
Beth E. Terrell ~ Terrell Marshall Law Group
Speaker(s)
David N. Anthony ~ Troutman Sanders LLP
Jane M. Azia ~ Bureau Chief, Consumer Frauds and Protection Bureau, Office of the Attorney General of New York
John W. Barrett ~ Bailey & Glasser LLP
Leonard Bennett ~ Consumer Litigation Associates, P.C.
F. Paul Bland, Jr. ~ Executive Director, Public Justice
Frank R. Borchert ~ General Counsel & Secretary, Marlette Funding, LLC
Elizabeth J. Cabraser ~ Partner, Lieff Cabraser Heimann & Bernstein, LLP
Joshua P. Davis ~ Professor, Director of the Center for Law and Ethics, and Dean’s Circle Scholar , University of San Francisco Law School
Jennifer Smith Finnegan ~ Herrick, Feinstein LLP
Bruce A. Friedman ~ Mediator and Abitrator, JAMS
Richard K. Hayes ~ Deputy Chief, Civil Division, Department of Justice (DOJ)
Cornelius K. Hurley ~ Director, Boston University Center for Finance, Law & Policy, Senior Provost Fellow , Boston University School of Law
Serge Jorgensen ~ Founding Partner & CTO, Sylint Group, Inc.
Shennan A. Kavanagh ~ Deputy Chief of the Consumer Protection Division, Office of the Attorney General of Massachusetts
Robert S. Lavet ~ General Counsel, Social Finance, Inc.
Katherine E. McCarron ~ Attorney, Division of Privacy and Identity Protection , Bureau of Consumer Protection,Federal Trade Commission
Matthew H. Meade ~ Buchanan Ingersoll & Rooney PC
Malini Mithal ~ Acting Associate Director, Division of Financial Practices, Federal Trade Commission
Eric J. Mogilnicki ~ Covington & Burling LLP
Andre M. Mura ~ Gibbs Law Group LLP
Hon. Rebecca R. Pallmeyer ~ U.S. District Judge, U.S. District Court, Northern District of Illinois
Christopher L. Peterson ~ John J. Flynn Endowed Professor of Law, S.J. Quinney College of Law,University of Utah
Alan Schoenfeld ~ Wilmer Cutler Pickering Hale & Dorr LLP
John Soumilas ~ Francis & Mailman, P.C.
Quyen T. Truong ~ Stroock & Stroock & Lavan LLP
Matthew Wessler ~ Gupta Wessler PLLC
Christopher J. Willis ~ Ballard Spahr LLP
Program Attorney(s)
Danielle B. Cohen ~ Senior Program Attorney, Practising Law Institute
General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.

PLI’s live and on-demand webcasts are single-user license products intended for an individual registrant only. Credit will be issued only to the individual registered. If two or more individuals wish to participate in a webcast and receive credit, PLI would be happy to provide a Groupcast – group viewing of a webcast. To schedule a Groupcast, please contact PLI at groupcasts@pli.edu.


U.S. MCLE States

Alabama:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live webcasts qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

California:  PLI’s live webcasts qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live webcasts qualify as “eCLE” credit. Attorneys are limited to 12 credits of eCLE per reporting period.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live webcasts qualify as “in-house” credit. Attorneys are limited to 6 in-house credits per reporting period.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live webcasts qualify as “distance education” credit. Attorneys are limited to 9 credits of distance education per reporting period.

Iowa:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Kansas:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Kentucky:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Louisiana:  PLI’s live webcasts qualify as “self-study” credit. Attorneys are limited to 4 credits of self-study per reporting period.

Maine:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Minnesota:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Mississippi:  PLI’s live webcasts qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Montana:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Nebraska:  PLI’s live webcasts qualify as “computer-based learning” credit. Attorneys are limited to 5 credits of computer-based learning per reporting period.

Nevada:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live webcasts qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live webcasts can be used to fulfill the requirements for New York newly admitted attorneys. Ethics credit, professional practice credit, and law practice management credit may be earned via transitional live webcasts. Skills credits may not be earned via live webcasts.

North Carolina:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

North Dakota:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Ohio:  PLI’s live webcasts qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Oklahoma:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s live webcasts qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Puerto Rico:  PLI’s live webcasts qualify as “non-traditional” credit. Attorneys are limited to 8 credits of non-traditional programs per reporting period.

Rhode Island:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

South Carolina:  PLI’s live webcasts qualify as “alternatively delivered” credit. Attorneys are limited to 6 credits of alternatively delivered programs per reporting period.

Tennessee:  PLI’s live webcasts qualify as “distance learning” credit. Attorneys are limited to 8 credits of distance learning per reporting period.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live webcasts qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live webcasts qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

West Virginia:  PLI’s live webcasts qualify as “online” credit. Attorneys are limited to 12 credits of online instruction per reporting period.

Wisconsin:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Wyoming:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live webcasts qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live webcasts qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC):  PLI’s live webcasts can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live webcasts qualify as “distance learning” credit. Attorneys are limited to 15 points of distance learning programs per reporting period.

United Kingdom (CPD-UK):  PLI’s live webcasts can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live webcasts may fulfill Australia’s CPD requirements. Credit limits for live webcasts vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.

Other Credit Types

CPE Credit (NASBA):  PLI’s live webcasts qualify as “Group-Internet-Based” (GIB) credit.

IRS Continuing Education (IRS-CE):  PLI’s live webcasts may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live webcasts may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live webcasts may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live webcasts may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live webcasts qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live webcasts qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live programs.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live webcasts may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live webcasts may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live webcasts may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live webcasts may fulfill CFP credit requirements.

 

Why You Should Attend

The Consumer Financial Protection Bureau (CFPB) recently celebrated its sixth anniversary and the consumer financial services industry is working to keep pace with the CFPB’s extraordinary number of regulatory and enforcement initiatives. At the same time, other federal and state regulators and attorneys general are ramping up their activity and threatening to fill any void if the successor to CFPB Director Cordray is less aggressive in pursuing enforcement. Also, the volume of private litigation, including class actions, remains high.

2018 will mark the 23rd year of this exceptional program. This year, we will focus on a broad array of recent regulatory, enforcement and litigation issues relating to mortgages; auto finance; credit, debit and prepaid cards; marketplace lending and Fintech; deposit accounts; student loans; and other products and services. We will also focus on new developments pertaining to fair lending, and the TCPA, FDCPA, FCRA, Military Lending Act and SCRA. Join us and our esteemed faculty for an insightful review of this dynamic area of legal practice.

What You Will Learn

 • Developments at the CFPB during the past year and its agenda for the next year under new leadership

• Recent regulatory and enforcement initiatives of other federal and state regulators and attorneys general

• The latest wave of litigation against banks and other consumer financial services companies

• Regulatory and litigation priorities of consumer advocates in the next year

• The increased focus on privacy and data security and how that impacts products being offered over the Internet and through smartphones

• Ethical issues unique to the consumer financial services space

Who Should Attend

All professionals involved in consumer financial services, including lawyers, legal and compliance professionals, bankers, lenders, debt collectors, credit bureaus, consumer advocates and professors, will gain many practical takeaways from this program.


PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

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

9:00 Opening Remarks

Speakers: Alan S. Kaplinsky, John J. Roddy, Julia B. Strickland, Beth E. Terrell

9:15 The CFPB Speaks
General
•     Meeting the new CFPB leadership
•     Constitutional challenges to the CFPB
•     Legislative reform
Regulatory Developments
•     CRA disapproval of final arbitration rule and next steps
•     Final small dollar lending rule
•     Final prepaid account rule and proposed amendments
•     Status of other rules involving debt collection, overdraft practices, and small business lending data 
       collection
•     Implementation of new mortgage rules and status of amendments to TILA-RESPA integrated 
      disclosure rule
•     Priorities going forward
Supervisory Developments
•     Status of future "larger participant" rules, including for installment and auto title lenders
•     Status of registration system for nonbank lenders
•     Priorities going forward
Enforcement Developments
•     Important consent order and enforcement litigation during the past year
•     Ongoing litigation under the new CFPB leadership
•     Use of UDAAP authority for “abusive” acts or practices
•     Priorities going forward
Speakers: Eric J. Mogilnicki , Christopher J. Willis

11:00 Networking Break

11:15 Federal Regulators Speak: Priorities & Coordination
•     Regulatory compliance for new products and platforms, including FinTech and the use of online and 
      mobile platforms for marketing, origination and servicing
•     Fair Lending hot issues (redlining, reverse redlining, lending and servicing issues related to race and 
      national origin, limited English proficiency, disability, pregnancy and maternity leave status)
•    Fraud and misrepresentation focus
•    Privacy and data security considerations
•    Transition and priorities for 2018 and beyond
(IAPP Privacy credit for Privacy Professionals)
(CFE Field of Study: Fraud)

Speakers: Richard K. Hayes, Malini Mithal, Quyen T. Truong

12:30 Lunch

1:45 State Regulatory Activism Update and Recent Developments
•     U.S. v. Dish – prototype for coordinated enforcement actions?
•     Pursuing law firm debt collection mills
•     Equity stripping home repair frauds
•     Continuing relief for students of for-profit colleges
•     Auto finance and credit insurance scams
•     Regional multistate actions by collaborating Attorneys General
(CFE Field of Study: Fraud)

Speakers: Jane M. Azia, Shennan A. Kavanagh

2:45 Networking Break

3:00 Data Security and Privacy Issues
•     Cutting edge compliance issues and best practices
•     Is your confidential client information safe from hackers?
•     How the Equifax debacle could alter credit reporting
•     Responding to regulatory subpoenas without compromising sensitive data
•     State and federal legislative and regulatory update
(IAPP Privacy credit for Privacy Professionals)
(CFE Field of Study: Fraud)

Speakers: Serge Jorgensen, Katherine E. McCarron, Matthew H. Meade

4:00 Fair Credit Reporting Act/ Debt Collection Issues
•     Pedro v.Equifax and reporting on authorized user accounts:  What does it mean for
      defining “accuracy”?  For determining what is a “willful” violation?
•     Are standalone disclosure claims still viable after Groshek v. Time Warner and Dreher v. Experian?
•     The dangers of class trials on statutory damages claims:  Ramirez v. TransUnion
•     What does the Equifax data security breach mean for FCRA litigation?
•     Increasing public and private litigation directed at debt collection mills
(IAPP Privacy credit for Privacy Professionals)
(CFE Field of Study: Fraud)

Speakers: David N. Anthony, Leonard Bennett, John Soumilas

Day Two: 9:00 a.m. - 4:30 p.m.

9:00 Class Actions and Litigation Update
•     Changes to class action standards through legislation and Rule 23 amendments and their impact
•     Update on class certification jurisprudence, including ascertainability
•     What do changes on the Supreme Court suggest for class actions?
•     Spokeo and its progeny—the continuing evolution of standing requirements
•     Class action settlement developments, including the widening Circuit split as exemplified in Facebook 
       and Subway
Speakers: Elizabeth J. Cabraser, Hon. Rebecca R. Pallmeyer, Alan Schoenfeld

10:15 Networking Break

10:30 Representing Consumers in a Trump World: Plaintiffs’ Perspective
•     Challenging arbitration clauses after repeal of the CFPB rule
•     Tribal payday lending litigation update
•     Student lending: regulatory and litigation update
•     State court litigation trends in light of Spokeo and BMS
Speakers: F. Paul Bland, Jr., Christopher L. Peterson, Matthew Wessler

12:00 Lunch

1:15 What’s Trending Now: Cutting Edge Consumer Financial Services Updates
•     Supreme Court decisions and trends
•     Choosing where to sue or settle in the wake of Bristol Myers Squibb
•     Using injunctive relief to create change; the impact of Davidson v. Kimberly-Clark
•     Litigation and settlement trends in data breach and TCPA litigation
(CFE Field of Study: Fraud)

Speakers: Andre M. Mura, Christopher L. Peterson, Matthew Wessler

2:15 Networking Break

2:30 The Rapidly Changing Landscape for Marketplace Lending and FinTech
• Status of the OCC’s proposed FinTech charter, including litigation challenging the charter - CSBS v. 
   OCC
and New York Dep’t of Fin. Svcs. v. OCC
• Bank partnership issues, including “true lender” and Madden v. Midland Funding and Colorado's 
   litigation against Avant Inc. and Marlette Funding LLC d/b/a Best Egg
• Increasing scrutiny of small business finance
• Balancing innovation with consumer protection
(CFE Field of Study: Fraud)

Speakers: Frank R. Borchert, Cornelius K. Hurley, Robert S. Lavet

3:30 Ethical Issues Unique to the Consumer Space
• The impact of In re Payment Card Interchange Fee on litigating and settling class actions
• Ethical issues in joint defense agreements
• Ethical issues in the use of social media by lawyers and/or clients
• Ethical pitfalls in the settlement context; a mediator’s perspective
Speakers: John W. Barrett, Joshua P. Davis, Jennifer Smith Finnegan, Bruce A. Friedman

4:30 Adjourn

Co-Chair(s)
Alan S. Kaplinsky ~ Ballard Spahr LLP
John J. Roddy ~ Bailey & Glasser LLP
Julia B. Strickland ~ Stroock & Stroock & Lavan LLP
Beth E. Terrell ~ Terrell Marshall Law Group
Speaker(s)
David N. Anthony ~ Troutman Sanders LLP
Jane M. Azia ~ Bureau Chief, Consumer Frauds and Protection Bureau, Office of the Attorney General of New York
John W. Barrett ~ Bailey & Glasser LLP
Leonard Bennett ~ Consumer Litigation Associates, P.C.
F. Paul Bland, Jr. ~ Executive Director, Public Justice
Frank R. Borchert ~ General Counsel & Secretary, Marlette Funding, LLC
Elizabeth J. Cabraser ~ Partner, Lieff Cabraser Heimann & Bernstein, LLP
Joshua P. Davis ~ Professor, Director of the Center for Law and Ethics, and Dean’s Circle Scholar , University of San Francisco Law School
Jennifer Smith Finnegan ~ Herrick, Feinstein LLP
Bruce A. Friedman ~ Mediator and Abitrator, JAMS
Richard K. Hayes ~ Deputy Chief, Civil Division, Department of Justice (DOJ)
Cornelius K. Hurley ~ Director, Boston University Center for Finance, Law & Policy, Senior Provost Fellow , Boston University School of Law
Serge Jorgensen ~ Founding Partner & CTO, Sylint Group, Inc.
Shennan A. Kavanagh ~ Deputy Chief of the Consumer Protection Division, Office of the Attorney General of Massachusetts
Robert S. Lavet ~ General Counsel, Social Finance, Inc.
Katherine E. McCarron ~ Attorney, Division of Privacy and Identity Protection , Bureau of Consumer Protection,Federal Trade Commission
Matthew H. Meade ~ Buchanan Ingersoll & Rooney PC
Malini Mithal ~ Acting Associate Director, Division of Financial Practices, Federal Trade Commission
Eric J. Mogilnicki ~ Covington & Burling LLP
Andre M. Mura ~ Gibbs Law Group LLP
Hon. Rebecca R. Pallmeyer ~ U.S. District Judge, U.S. District Court, Northern District of Illinois
Christopher L. Peterson ~ John J. Flynn Endowed Professor of Law, S.J. Quinney College of Law,University of Utah
Alan Schoenfeld ~ Wilmer Cutler Pickering Hale & Dorr LLP
John Soumilas ~ Francis & Mailman, P.C.
Quyen T. Truong ~ Stroock & Stroock & Lavan LLP
Matthew Wessler ~ Gupta Wessler PLLC
Christopher J. Willis ~ Ballard Spahr LLP
Program Attorney(s)
Danielle B. Cohen ~ Senior Program Attorney, Practising Law Institute
Atlanta Groupcast Location

Atlanta Bar Association, 400 International Tower, 229 Peachtree Street, NE, Atlanta, GA 30303-1601. (404) 521-0781.

General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.


U.S. MCLE States

Alabama:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

California:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Iowa:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Kansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live programs.

Kentucky:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Louisiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Maine:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Minnesota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Mississippi:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Montana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nebraska:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nevada:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can be used to fulfill the requirements for New York newly admitted attorneys. Ethics credit, professional practice credit, and law practice management credit may be earned via transitional live groupcasts. Skills credits may not be earned via live groupcasts.

North Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

North Dakota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Ohio:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oklahoma:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Puerto Rico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Rhode Island:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

South Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Tennessee:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

West Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wisconsin:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wyoming:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.


CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of points an attorney can earn via live groupcasts.

United Kingdom (CPD-UK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Australia’s CPD requirements. Credit limits for live groupcasts vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.


Other Credit Types

CPE Credit (NASBA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “Group-Live delivery” credit.

IRS Continuing Education (IRS-CE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live groupcasts.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CFP credit requirements.

 

Why You Should Attend

The Consumer Financial Protection Bureau (CFPB) recently celebrated its sixth anniversary and the consumer financial services industry is working to keep pace with the CFPB’s extraordinary number of regulatory and enforcement initiatives. At the same time, other federal and state regulators and attorneys general are ramping up their activity and threatening to fill any void if the successor to CFPB Director Cordray is less aggressive in pursuing enforcement. Also, the volume of private litigation, including class actions, remains high.

2018 will mark the 23rd year of this exceptional program. This year, we will focus on a broad array of recent regulatory, enforcement and litigation issues relating to mortgages; auto finance; credit, debit and prepaid cards; marketplace lending and Fintech; deposit accounts; student loans; and other products and services. We will also focus on new developments pertaining to fair lending, and the TCPA, FDCPA, FCRA, Military Lending Act and SCRA. Join us and our esteemed faculty for an insightful review of this dynamic area of legal practice.

What You Will Learn

 • Developments at the CFPB during the past year and its agenda for the next year under new leadership

• Recent regulatory and enforcement initiatives of other federal and state regulators and attorneys general

• The latest wave of litigation against banks and other consumer financial services companies

• Regulatory and litigation priorities of consumer advocates in the next year

• The increased focus on privacy and data security and how that impacts products being offered over the Internet and through smartphones

• Ethical issues unique to the consumer financial services space

Who Should Attend

All professionals involved in consumer financial services, including lawyers, legal and compliance professionals, bankers, lenders, debt collectors, credit bureaus, consumer advocates and professors, will gain many practical takeaways from this program.


PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

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

9:00 Opening Remarks

Speakers: Alan S. Kaplinsky, John J. Roddy, Julia B. Strickland, Beth E. Terrell

9:15 The CFPB Speaks
General
•     Meeting the new CFPB leadership
•     Constitutional challenges to the CFPB
•     Legislative reform
Regulatory Developments
•     CRA disapproval of final arbitration rule and next steps
•     Final small dollar lending rule
•     Final prepaid account rule and proposed amendments
•     Status of other rules involving debt collection, overdraft practices, and small business lending data 
       collection
•     Implementation of new mortgage rules and status of amendments to TILA-RESPA integrated 
      disclosure rule
•     Priorities going forward
Supervisory Developments
•     Status of future "larger participant" rules, including for installment and auto title lenders
•     Status of registration system for nonbank lenders
•     Priorities going forward
Enforcement Developments
•     Important consent order and enforcement litigation during the past year
•     Ongoing litigation under the new CFPB leadership
•     Use of UDAAP authority for “abusive” acts or practices
•     Priorities going forward
Speakers: Eric J. Mogilnicki , Christopher J. Willis

11:00 Networking Break

11:15 Federal Regulators Speak: Priorities & Coordination
•     Regulatory compliance for new products and platforms, including FinTech and the use of online and 
      mobile platforms for marketing, origination and servicing
•     Fair Lending hot issues (redlining, reverse redlining, lending and servicing issues related to race and 
      national origin, limited English proficiency, disability, pregnancy and maternity leave status)
•    Fraud and misrepresentation focus
•    Privacy and data security considerations
•    Transition and priorities for 2018 and beyond
(IAPP Privacy credit for Privacy Professionals)
(CFE Field of Study: Fraud)

Speakers: Richard K. Hayes, Malini Mithal, Quyen T. Truong

12:30 Lunch

1:45 State Regulatory Activism Update and Recent Developments
•     U.S. v. Dish – prototype for coordinated enforcement actions?
•     Pursuing law firm debt collection mills
•     Equity stripping home repair frauds
•     Continuing relief for students of for-profit colleges
•     Auto finance and credit insurance scams
•     Regional multistate actions by collaborating Attorneys General
(CFE Field of Study: Fraud)

Speakers: Jane M. Azia, Shennan A. Kavanagh

2:45 Networking Break

3:00 Data Security and Privacy Issues
•     Cutting edge compliance issues and best practices
•     Is your confidential client information safe from hackers?
•     How the Equifax debacle could alter credit reporting
•     Responding to regulatory subpoenas without compromising sensitive data
•     State and federal legislative and regulatory update
(IAPP Privacy credit for Privacy Professionals)
(CFE Field of Study: Fraud)

Speakers: Serge Jorgensen, Katherine E. McCarron, Matthew H. Meade

4:00 Fair Credit Reporting Act/ Debt Collection Issues
•     Pedro v.Equifax and reporting on authorized user accounts:  What does it mean for
      defining “accuracy”?  For determining what is a “willful” violation?
•     Are standalone disclosure claims still viable after Groshek v. Time Warner and Dreher v. Experian?
•     The dangers of class trials on statutory damages claims:  Ramirez v. TransUnion
•     What does the Equifax data security breach mean for FCRA litigation?
•     Increasing public and private litigation directed at debt collection mills
(IAPP Privacy credit for Privacy Professionals)
(CFE Field of Study: Fraud)

Speakers: David N. Anthony, Leonard Bennett, John Soumilas

Day Two: 9:00 a.m. - 4:30 p.m.

9:00 Class Actions and Litigation Update
•     Changes to class action standards through legislation and Rule 23 amendments and their impact
•     Update on class certification jurisprudence, including ascertainability
•     What do changes on the Supreme Court suggest for class actions?
•     Spokeo and its progeny—the continuing evolution of standing requirements
•     Class action settlement developments, including the widening Circuit split as exemplified in Facebook 
       and Subway
Speakers: Elizabeth J. Cabraser, Hon. Rebecca R. Pallmeyer, Alan Schoenfeld

10:15 Networking Break

10:30 Representing Consumers in a Trump World: Plaintiffs’ Perspective
•     Challenging arbitration clauses after repeal of the CFPB rule
•     Tribal payday lending litigation update
•     Student lending: regulatory and litigation update
•     State court litigation trends in light of Spokeo and BMS
Speakers: F. Paul Bland, Jr., Christopher L. Peterson, Matthew Wessler

12:00 Lunch

1:15 What’s Trending Now: Cutting Edge Consumer Financial Services Updates
•     Supreme Court decisions and trends
•     Choosing where to sue or settle in the wake of Bristol Myers Squibb
•     Using injunctive relief to create change; the impact of Davidson v. Kimberly-Clark
•     Litigation and settlement trends in data breach and TCPA litigation
(CFE Field of Study: Fraud)

Speakers: Andre M. Mura, Christopher L. Peterson, Matthew Wessler

2:15 Networking Break

2:30 The Rapidly Changing Landscape for Marketplace Lending and FinTech
• Status of the OCC’s proposed FinTech charter, including litigation challenging the charter - CSBS v. 
   OCC
and New York Dep’t of Fin. Svcs. v. OCC
• Bank partnership issues, including “true lender” and Madden v. Midland Funding and Colorado's 
   litigation against Avant Inc. and Marlette Funding LLC d/b/a Best Egg
• Increasing scrutiny of small business finance
• Balancing innovation with consumer protection
(CFE Field of Study: Fraud)

Speakers: Frank R. Borchert, Cornelius K. Hurley, Robert S. Lavet

3:30 Ethical Issues Unique to the Consumer Space
• The impact of In re Payment Card Interchange Fee on litigating and settling class actions
• Ethical issues in joint defense agreements
• Ethical issues in the use of social media by lawyers and/or clients
• Ethical pitfalls in the settlement context; a mediator’s perspective
Speakers: John W. Barrett, Joshua P. Davis, Jennifer Smith Finnegan, Bruce A. Friedman

4:30 Adjourn

Co-Chair(s)
Alan S. Kaplinsky ~ Ballard Spahr LLP
John J. Roddy ~ Bailey & Glasser LLP
Julia B. Strickland ~ Stroock & Stroock & Lavan LLP
Beth E. Terrell ~ Terrell Marshall Law Group
Speaker(s)
David N. Anthony ~ Troutman Sanders LLP
Jane M. Azia ~ Bureau Chief, Consumer Frauds and Protection Bureau, Office of the Attorney General of New York
John W. Barrett ~ Bailey & Glasser LLP
Leonard Bennett ~ Consumer Litigation Associates, P.C.
F. Paul Bland, Jr. ~ Executive Director, Public Justice
Frank R. Borchert ~ General Counsel & Secretary, Marlette Funding, LLC
Elizabeth J. Cabraser ~ Partner, Lieff Cabraser Heimann & Bernstein, LLP
Joshua P. Davis ~ Professor, Director of the Center for Law and Ethics, and Dean’s Circle Scholar , University of San Francisco Law School
Jennifer Smith Finnegan ~ Herrick, Feinstein LLP
Bruce A. Friedman ~ Mediator and Abitrator, JAMS
Richard K. Hayes ~ Deputy Chief, Civil Division, Department of Justice (DOJ)
Cornelius K. Hurley ~ Director, Boston University Center for Finance, Law & Policy, Senior Provost Fellow , Boston University School of Law
Serge Jorgensen ~ Founding Partner & CTO, Sylint Group, Inc.
Shennan A. Kavanagh ~ Deputy Chief of the Consumer Protection Division, Office of the Attorney General of Massachusetts
Robert S. Lavet ~ General Counsel, Social Finance, Inc.
Katherine E. McCarron ~ Attorney, Division of Privacy and Identity Protection , Bureau of Consumer Protection,Federal Trade Commission
Matthew H. Meade ~ Buchanan Ingersoll & Rooney PC
Malini Mithal ~ Acting Associate Director, Division of Financial Practices, Federal Trade Commission
Eric J. Mogilnicki ~ Covington & Burling LLP
Andre M. Mura ~ Gibbs Law Group LLP
Hon. Rebecca R. Pallmeyer ~ U.S. District Judge, U.S. District Court, Northern District of Illinois
Christopher L. Peterson ~ John J. Flynn Endowed Professor of Law, S.J. Quinney College of Law,University of Utah
Alan Schoenfeld ~ Wilmer Cutler Pickering Hale & Dorr LLP
John Soumilas ~ Francis & Mailman, P.C.
Quyen T. Truong ~ Stroock & Stroock & Lavan LLP
Matthew Wessler ~ Gupta Wessler PLLC
Christopher J. Willis ~ Ballard Spahr LLP
Program Attorney(s)
Danielle B. Cohen ~ Senior Program Attorney, Practising Law Institute
Cleveland Groupcast Location

The Cleveland Metropolitan Bar Association, 1375 E. 9th Street – Floor 2, Cleveland, Ohio 44114. 216-696-2404.

General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.


U.S. MCLE States

Alabama:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

California:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Iowa:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Kansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live programs.

Kentucky:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Louisiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Maine:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Minnesota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Mississippi:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Montana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nebraska:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nevada:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can be used to fulfill the requirements for New York newly admitted attorneys. Ethics credit, professional practice credit, and law practice management credit may be earned via transitional live groupcasts. Skills credits may not be earned via live groupcasts.

North Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

North Dakota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Ohio:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oklahoma:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Puerto Rico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Rhode Island:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

South Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Tennessee:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

West Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wisconsin:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wyoming:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.


CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of points an attorney can earn via live groupcasts.

United Kingdom (CPD-UK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Australia’s CPD requirements. Credit limits for live groupcasts vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.


Other Credit Types

CPE Credit (NASBA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “Group-Live delivery” credit.

IRS Continuing Education (IRS-CE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live groupcasts.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CFP credit requirements.

 

Why You Should Attend

The Consumer Financial Protection Bureau (CFPB) recently celebrated its sixth anniversary and the consumer financial services industry is working to keep pace with the CFPB’s extraordinary number of regulatory and enforcement initiatives. At the same time, other federal and state regulators and attorneys general are ramping up their activity and threatening to fill any void if the successor to CFPB Director Cordray is less aggressive in pursuing enforcement. Also, the volume of private litigation, including class actions, remains high.

2018 will mark the 23rd year of this exceptional program. This year, we will focus on a broad array of recent regulatory, enforcement and litigation issues relating to mortgages; auto finance; credit, debit and prepaid cards; marketplace lending and Fintech; deposit accounts; student loans; and other products and services. We will also focus on new developments pertaining to fair lending, and the TCPA, FDCPA, FCRA, Military Lending Act and SCRA. Join us and our esteemed faculty for an insightful review of this dynamic area of legal practice.

What You Will Learn

 • Developments at the CFPB during the past year and its agenda for the next year under new leadership

• Recent regulatory and enforcement initiatives of other federal and state regulators and attorneys general

• The latest wave of litigation against banks and other consumer financial services companies

• Regulatory and litigation priorities of consumer advocates in the next year

• The increased focus on privacy and data security and how that impacts products being offered over the Internet and through smartphones

• Ethical issues unique to the consumer financial services space

Who Should Attend

All professionals involved in consumer financial services, including lawyers, legal and compliance professionals, bankers, lenders, debt collectors, credit bureaus, consumer advocates and professors, will gain many practical takeaways from this program.


PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

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

9:00 Opening Remarks

Speakers: Alan S. Kaplinsky, John J. Roddy, Julia B. Strickland, Beth E. Terrell

9:15 The CFPB Speaks
General
•     Meeting the new CFPB leadership
•     Constitutional challenges to the CFPB
•     Legislative reform
Regulatory Developments
•     CRA disapproval of final arbitration rule and next steps
•     Final small dollar lending rule
•     Final prepaid account rule and proposed amendments
•     Status of other rules involving debt collection, overdraft practices, and small business lending data 
       collection
•     Implementation of new mortgage rules and status of amendments to TILA-RESPA integrated 
      disclosure rule
•     Priorities going forward
Supervisory Developments
•     Status of future "larger participant" rules, including for installment and auto title lenders
•     Status of registration system for nonbank lenders
•     Priorities going forward
Enforcement Developments
•     Important consent order and enforcement litigation during the past year
•     Ongoing litigation under the new CFPB leadership
•     Use of UDAAP authority for “abusive” acts or practices
•     Priorities going forward
Speakers: Eric J. Mogilnicki , Christopher J. Willis

11:00 Networking Break

11:15 Federal Regulators Speak: Priorities & Coordination
•     Regulatory compliance for new products and platforms, including FinTech and the use of online and 
      mobile platforms for marketing, origination and servicing
•     Fair Lending hot issues (redlining, reverse redlining, lending and servicing issues related to race and 
      national origin, limited English proficiency, disability, pregnancy and maternity leave status)
•    Fraud and misrepresentation focus
•    Privacy and data security considerations
•    Transition and priorities for 2018 and beyond
(IAPP Privacy credit for Privacy Professionals)
(CFE Field of Study: Fraud)

Speakers: Richard K. Hayes, Malini Mithal, Quyen T. Truong

12:30 Lunch

1:45 State Regulatory Activism Update and Recent Developments
•     U.S. v. Dish – prototype for coordinated enforcement actions?
•     Pursuing law firm debt collection mills
•     Equity stripping home repair frauds
•     Continuing relief for students of for-profit colleges
•     Auto finance and credit insurance scams
•     Regional multistate actions by collaborating Attorneys General
(CFE Field of Study: Fraud)

Speakers: Jane M. Azia, Shennan A. Kavanagh

2:45 Networking Break

3:00 Data Security and Privacy Issues
•     Cutting edge compliance issues and best practices
•     Is your confidential client information safe from hackers?
•     How the Equifax debacle could alter credit reporting
•     Responding to regulatory subpoenas without compromising sensitive data
•     State and federal legislative and regulatory update
(IAPP Privacy credit for Privacy Professionals)
(CFE Field of Study: Fraud)

Speakers: Serge Jorgensen, Katherine E. McCarron, Matthew H. Meade

4:00 Fair Credit Reporting Act/ Debt Collection Issues
•     Pedro v.Equifax and reporting on authorized user accounts:  What does it mean for
      defining “accuracy”?  For determining what is a “willful” violation?
•     Are standalone disclosure claims still viable after Groshek v. Time Warner and Dreher v. Experian?
•     The dangers of class trials on statutory damages claims:  Ramirez v. TransUnion
•     What does the Equifax data security breach mean for FCRA litigation?
•     Increasing public and private litigation directed at debt collection mills
(IAPP Privacy credit for Privacy Professionals)
(CFE Field of Study: Fraud)

Speakers: David N. Anthony, Leonard Bennett, John Soumilas

Day Two: 9:00 a.m. - 4:30 p.m.

9:00 Class Actions and Litigation Update
•     Changes to class action standards through legislation and Rule 23 amendments and their impact
•     Update on class certification jurisprudence, including ascertainability
•     What do changes on the Supreme Court suggest for class actions?
•     Spokeo and its progeny—the continuing evolution of standing requirements
•     Class action settlement developments, including the widening Circuit split as exemplified in Facebook 
       and Subway
Speakers: Elizabeth J. Cabraser, Hon. Rebecca R. Pallmeyer, Alan Schoenfeld

10:15 Networking Break

10:30 Representing Consumers in a Trump World: Plaintiffs’ Perspective
•     Challenging arbitration clauses after repeal of the CFPB rule
•     Tribal payday lending litigation update
•     Student lending: regulatory and litigation update
•     State court litigation trends in light of Spokeo and BMS
Speakers: F. Paul Bland, Jr., Christopher L. Peterson, Matthew Wessler

12:00 Lunch

1:15 What’s Trending Now: Cutting Edge Consumer Financial Services Updates
•     Supreme Court decisions and trends
•     Choosing where to sue or settle in the wake of Bristol Myers Squibb
•     Using injunctive relief to create change; the impact of Davidson v. Kimberly-Clark
•     Litigation and settlement trends in data breach and TCPA litigation
(CFE Field of Study: Fraud)

Speakers: Andre M. Mura, Christopher L. Peterson, Matthew Wessler

2:15 Networking Break

2:30 The Rapidly Changing Landscape for Marketplace Lending and FinTech
• Status of the OCC’s proposed FinTech charter, including litigation challenging the charter - CSBS v. 
   OCC
and New York Dep’t of Fin. Svcs. v. OCC
• Bank partnership issues, including “true lender” and Madden v. Midland Funding and Colorado's 
   litigation against Avant Inc. and Marlette Funding LLC d/b/a Best Egg
• Increasing scrutiny of small business finance
• Balancing innovation with consumer protection
(CFE Field of Study: Fraud)

Speakers: Frank R. Borchert, Cornelius K. Hurley, Robert S. Lavet

3:30 Ethical Issues Unique to the Consumer Space
• The impact of In re Payment Card Interchange Fee on litigating and settling class actions
• Ethical issues in joint defense agreements
• Ethical issues in the use of social media by lawyers and/or clients
• Ethical pitfalls in the settlement context; a mediator’s perspective
Speakers: John W. Barrett, Joshua P. Davis, Jennifer Smith Finnegan, Bruce A. Friedman

4:30 Adjourn

Co-Chair(s)
Alan S. Kaplinsky ~ Ballard Spahr LLP
John J. Roddy ~ Bailey & Glasser LLP
Julia B. Strickland ~ Stroock & Stroock & Lavan LLP
Beth E. Terrell ~ Terrell Marshall Law Group
Speaker(s)
David N. Anthony ~ Troutman Sanders LLP
Jane M. Azia ~ Bureau Chief, Consumer Frauds and Protection Bureau, Office of the Attorney General of New York
John W. Barrett ~ Bailey & Glasser LLP
Leonard Bennett ~ Consumer Litigation Associates, P.C.
F. Paul Bland, Jr. ~ Executive Director, Public Justice
Frank R. Borchert ~ General Counsel & Secretary, Marlette Funding, LLC
Elizabeth J. Cabraser ~ Partner, Lieff Cabraser Heimann & Bernstein, LLP
Joshua P. Davis ~ Professor, Director of the Center for Law and Ethics, and Dean’s Circle Scholar , University of San Francisco Law School
Jennifer Smith Finnegan ~ Herrick, Feinstein LLP
Bruce A. Friedman ~ Mediator and Abitrator, JAMS
Richard K. Hayes ~ Deputy Chief, Civil Division, Department of Justice (DOJ)
Cornelius K. Hurley ~ Director, Boston University Center for Finance, Law & Policy, Senior Provost Fellow , Boston University School of Law
Serge Jorgensen ~ Founding Partner & CTO, Sylint Group, Inc.
Shennan A. Kavanagh ~ Deputy Chief of the Consumer Protection Division, Office of the Attorney General of Massachusetts
Robert S. Lavet ~ General Counsel, Social Finance, Inc.
Katherine E. McCarron ~ Attorney, Division of Privacy and Identity Protection , Bureau of Consumer Protection,Federal Trade Commission
Matthew H. Meade ~ Buchanan Ingersoll & Rooney PC
Malini Mithal ~ Acting Associate Director, Division of Financial Practices, Federal Trade Commission
Eric J. Mogilnicki ~ Covington & Burling LLP
Andre M. Mura ~ Gibbs Law Group LLP
Hon. Rebecca R. Pallmeyer ~ U.S. District Judge, U.S. District Court, Northern District of Illinois
Christopher L. Peterson ~ John J. Flynn Endowed Professor of Law, S.J. Quinney College of Law,University of Utah
Alan Schoenfeld ~ Wilmer Cutler Pickering Hale & Dorr LLP
John Soumilas ~ Francis & Mailman, P.C.
Quyen T. Truong ~ Stroock & Stroock & Lavan LLP
Matthew Wessler ~ Gupta Wessler PLLC
Christopher J. Willis ~ Ballard Spahr LLP
Program Attorney(s)
Danielle B. Cohen ~ Senior Program Attorney, Practising Law Institute

Mechanicsburg Groupcast Location

Pennsylvania Bar Institute, 5080 Ritter Rd., Mechanicsburg PA 17055, (800) 932-4637. Click here for directions.

Mechanicsburg Groupcast Hotel Accommodations

Below is a list of hotel accommodations suggested by the Pennsylvania Bar Institute:

Hampton Inn Harrisburg-West, 4950 Ritter Road, Mechanicsburg, Pennsylvania, USA 17055. Tel: 717-691-1300. Fax: 717-691-9692.

Homewood Suites by Hilton® Harrisburg-West Hershey Area, 5001 Ritter Road, Mechanicsburg, Pennsylvania, United States 17055. Tel: 1-717-697-4900. Fax: 1-717-697-9101.

General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.


U.S. MCLE States

Alabama:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

California:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Iowa:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Kansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live programs.

Kentucky:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Louisiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Maine:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Minnesota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Mississippi:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Montana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nebraska:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nevada:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can be used to fulfill the requirements for New York newly admitted attorneys. Ethics credit, professional practice credit, and law practice management credit may be earned via transitional live groupcasts. Skills credits may not be earned via live groupcasts.

North Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

North Dakota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Ohio:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oklahoma:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Puerto Rico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Rhode Island:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

South Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Tennessee:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

West Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wisconsin:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wyoming:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.


CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of points an attorney can earn via live groupcasts.

United Kingdom (CPD-UK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Australia’s CPD requirements. Credit limits for live groupcasts vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.


Other Credit Types

CPE Credit (NASBA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “Group-Live delivery” credit.

IRS Continuing Education (IRS-CE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live groupcasts.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CFP credit requirements.

 

Why You Should Attend

The Consumer Financial Protection Bureau (CFPB) recently celebrated its sixth anniversary and the consumer financial services industry is working to keep pace with the CFPB’s extraordinary number of regulatory and enforcement initiatives. At the same time, other federal and state regulators and attorneys general are ramping up their activity and threatening to fill any void if the successor to CFPB Director Cordray is less aggressive in pursuing enforcement. Also, the volume of private litigation, including class actions, remains high.

2018 will mark the 23rd year of this exceptional program. This year, we will focus on a broad array of recent regulatory, enforcement and litigation issues relating to mortgages; auto finance; credit, debit and prepaid cards; marketplace lending and Fintech; deposit accounts; student loans; and other products and services. We will also focus on new developments pertaining to fair lending, and the TCPA, FDCPA, FCRA, Military Lending Act and SCRA. Join us and our esteemed faculty for an insightful review of this dynamic area of legal practice.

What You Will Learn

 • Developments at the CFPB during the past year and its agenda for the next year under new leadership

• Recent regulatory and enforcement initiatives of other federal and state regulators and attorneys general

• The latest wave of litigation against banks and other consumer financial services companies

• Regulatory and litigation priorities of consumer advocates in the next year

• The increased focus on privacy and data security and how that impacts products being offered over the Internet and through smartphones

• Ethical issues unique to the consumer financial services space

Who Should Attend

All professionals involved in consumer financial services, including lawyers, legal and compliance professionals, bankers, lenders, debt collectors, credit bureaus, consumer advocates and professors, will gain many practical takeaways from this program.


PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

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

9:00 Opening Remarks

Speakers: Alan S. Kaplinsky, John J. Roddy, Julia B. Strickland, Beth E. Terrell

9:15 The CFPB Speaks
General
•     Meeting the new CFPB leadership
•     Constitutional challenges to the CFPB
•     Legislative reform
Regulatory Developments
•     CRA disapproval of final arbitration rule and next steps
•     Final small dollar lending rule
•     Final prepaid account rule and proposed amendments
•     Status of other rules involving debt collection, overdraft practices, and small business lending data 
       collection
•     Implementation of new mortgage rules and status of amendments to TILA-RESPA integrated 
      disclosure rule
•     Priorities going forward
Supervisory Developments
•     Status of future "larger participant" rules, including for installment and auto title lenders
•     Status of registration system for nonbank lenders
•     Priorities going forward
Enforcement Developments
•     Important consent order and enforcement litigation during the past year
•     Ongoing litigation under the new CFPB leadership
•     Use of UDAAP authority for “abusive” acts or practices
•     Priorities going forward
Speakers: Eric J. Mogilnicki , Christopher J. Willis

11:00 Networking Break

11:15 Federal Regulators Speak: Priorities & Coordination
•     Regulatory compliance for new products and platforms, including FinTech and the use of online and 
      mobile platforms for marketing, origination and servicing
•     Fair Lending hot issues (redlining, reverse redlining, lending and servicing issues related to race and 
      national origin, limited English proficiency, disability, pregnancy and maternity leave status)
•    Fraud and misrepresentation focus
•    Privacy and data security considerations
•    Transition and priorities for 2018 and beyond
(IAPP Privacy credit for Privacy Professionals)
(CFE Field of Study: Fraud)

Speakers: Richard K. Hayes, Malini Mithal, Quyen T. Truong

12:30 Lunch

1:45 State Regulatory Activism Update and Recent Developments
•     U.S. v. Dish – prototype for coordinated enforcement actions?
•     Pursuing law firm debt collection mills
•     Equity stripping home repair frauds
•     Continuing relief for students of for-profit colleges
•     Auto finance and credit insurance scams
•     Regional multistate actions by collaborating Attorneys General
(CFE Field of Study: Fraud)

Speakers: Jane M. Azia, Shennan A. Kavanagh

2:45 Networking Break

3:00 Data Security and Privacy Issues
•     Cutting edge compliance issues and best practices
•     Is your confidential client information safe from hackers?
•     How the Equifax debacle could alter credit reporting
•     Responding to regulatory subpoenas without compromising sensitive data
•     State and federal legislative and regulatory update
(IAPP Privacy credit for Privacy Professionals)
(CFE Field of Study: Fraud)

Speakers: Serge Jorgensen, Katherine E. McCarron, Matthew H. Meade

4:00 Fair Credit Reporting Act/ Debt Collection Issues
•     Pedro v.Equifax and reporting on authorized user accounts:  What does it mean for
      defining “accuracy”?  For determining what is a “willful” violation?
•     Are standalone disclosure claims still viable after Groshek v. Time Warner and Dreher v. Experian?
•     The dangers of class trials on statutory damages claims:  Ramirez v. TransUnion
•     What does the Equifax data security breach mean for FCRA litigation?
•     Increasing public and private litigation directed at debt collection mills
(IAPP Privacy credit for Privacy Professionals)
(CFE Field of Study: Fraud)

Speakers: David N. Anthony, Leonard Bennett, John Soumilas

Day Two: 9:00 a.m. - 4:30 p.m.

9:00 Class Actions and Litigation Update
•     Changes to class action standards through legislation and Rule 23 amendments and their impact
•     Update on class certification jurisprudence, including ascertainability
•     What do changes on the Supreme Court suggest for class actions?
•     Spokeo and its progeny—the continuing evolution of standing requirements
•     Class action settlement developments, including the widening Circuit split as exemplified in Facebook 
       and Subway
Speakers: Elizabeth J. Cabraser, Hon. Rebecca R. Pallmeyer, Alan Schoenfeld

10:15 Networking Break

10:30 Representing Consumers in a Trump World: Plaintiffs’ Perspective
•     Challenging arbitration clauses after repeal of the CFPB rule
•     Tribal payday lending litigation update
•     Student lending: regulatory and litigation update
•     State court litigation trends in light of Spokeo and BMS
Speakers: F. Paul Bland, Jr., Christopher L. Peterson, Matthew Wessler

12:00 Lunch

1:15 What’s Trending Now: Cutting Edge Consumer Financial Services Updates
•     Supreme Court decisions and trends
•     Choosing where to sue or settle in the wake of Bristol Myers Squibb
•     Using injunctive relief to create change; the impact of Davidson v. Kimberly-Clark
•     Litigation and settlement trends in data breach and TCPA litigation
(CFE Field of Study: Fraud)

Speakers: Andre M. Mura, Christopher L. Peterson, Matthew Wessler

2:15 Networking Break

2:30 The Rapidly Changing Landscape for Marketplace Lending and FinTech
• Status of the OCC’s proposed FinTech charter, including litigation challenging the charter - CSBS v. 
   OCC
and New York Dep’t of Fin. Svcs. v. OCC
• Bank partnership issues, including “true lender” and Madden v. Midland Funding and Colorado's 
   litigation against Avant Inc. and Marlette Funding LLC d/b/a Best Egg
• Increasing scrutiny of small business finance
• Balancing innovation with consumer protection
(CFE Field of Study: Fraud)

Speakers: Frank R. Borchert, Cornelius K. Hurley, Robert S. Lavet

3:30 Ethical Issues Unique to the Consumer Space
• The impact of In re Payment Card Interchange Fee on litigating and settling class actions
• Ethical issues in joint defense agreements
• Ethical issues in the use of social media by lawyers and/or clients
• Ethical pitfalls in the settlement context; a mediator’s perspective
Speakers: John W. Barrett, Joshua P. Davis, Jennifer Smith Finnegan, Bruce A. Friedman

4:30 Adjourn

Co-Chair(s)
Alan S. Kaplinsky ~ Ballard Spahr LLP
John J. Roddy ~ Bailey & Glasser LLP
Julia B. Strickland ~ Stroock & Stroock & Lavan LLP
Beth E. Terrell ~ Terrell Marshall Law Group
Speaker(s)
David N. Anthony ~ Troutman Sanders LLP
Jane M. Azia ~ Bureau Chief, Consumer Frauds and Protection Bureau, Office of the Attorney General of New York
John W. Barrett ~ Bailey & Glasser LLP
Leonard Bennett ~ Consumer Litigation Associates, P.C.
F. Paul Bland, Jr. ~ Executive Director, Public Justice
Frank R. Borchert ~ General Counsel & Secretary, Marlette Funding, LLC
Elizabeth J. Cabraser ~ Partner, Lieff Cabraser Heimann & Bernstein, LLP
Joshua P. Davis ~ Professor, Director of the Center for Law and Ethics, and Dean’s Circle Scholar , University of San Francisco Law School
Jennifer Smith Finnegan ~ Herrick, Feinstein LLP
Bruce A. Friedman ~ Mediator and Abitrator, JAMS
Richard K. Hayes ~ Deputy Chief, Civil Division, Department of Justice (DOJ)
Cornelius K. Hurley ~ Director, Boston University Center for Finance, Law & Policy, Senior Provost Fellow , Boston University School of Law
Serge Jorgensen ~ Founding Partner & CTO, Sylint Group, Inc.
Shennan A. Kavanagh ~ Deputy Chief of the Consumer Protection Division, Office of the Attorney General of Massachusetts
Robert S. Lavet ~ General Counsel, Social Finance, Inc.
Katherine E. McCarron ~ Attorney, Division of Privacy and Identity Protection , Bureau of Consumer Protection,Federal Trade Commission
Matthew H. Meade ~ Buchanan Ingersoll & Rooney PC
Malini Mithal ~ Acting Associate Director, Division of Financial Practices, Federal Trade Commission
Eric J. Mogilnicki ~ Covington & Burling LLP
Andre M. Mura ~ Gibbs Law Group LLP
Hon. Rebecca R. Pallmeyer ~ U.S. District Judge, U.S. District Court, Northern District of Illinois
Christopher L. Peterson ~ John J. Flynn Endowed Professor of Law, S.J. Quinney College of Law,University of Utah
Alan Schoenfeld ~ Wilmer Cutler Pickering Hale & Dorr LLP
John Soumilas ~ Francis & Mailman, P.C.
Quyen T. Truong ~ Stroock & Stroock & Lavan LLP
Matthew Wessler ~ Gupta Wessler PLLC
Christopher J. Willis ~ Ballard Spahr LLP
Program Attorney(s)
Danielle B. Cohen ~ Senior Program Attorney, Practising Law Institute

Pittsburgh Groupcast Location

Pennsylvania Bar Institute, Professional Development Conference Center, 339 Sixth Avenue, Suite 760, Pittsburgh, Pennsylvania 15222-2517. (412) 802-2300. Click Here for Directions

General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.


U.S. MCLE States

Alabama:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

California:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Iowa:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Kansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live programs.

Kentucky:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Louisiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Maine:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Minnesota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Mississippi:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Montana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nebraska:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nevada:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can be used to fulfill the requirements for New York newly admitted attorneys. Ethics credit, professional practice credit, and law practice management credit may be earned via transitional live groupcasts. Skills credits may not be earned via live groupcasts.

North Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

North Dakota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Ohio:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oklahoma:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Puerto Rico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Rhode Island:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

South Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Tennessee:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

West Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wisconsin:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wyoming:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.


CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of points an attorney can earn via live groupcasts.

United Kingdom (CPD-UK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Australia’s CPD requirements. Credit limits for live groupcasts vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.


Other Credit Types

CPE Credit (NASBA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “Group-Live delivery” credit.

IRS Continuing Education (IRS-CE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live groupcasts.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CFP credit requirements.

 

Why You Should Attend

The Consumer Financial Protection Bureau (CFPB) recently celebrated its sixth anniversary and the consumer financial services industry is working to keep pace with the CFPB’s extraordinary number of regulatory and enforcement initiatives. At the same time, other federal and state regulators and attorneys general are ramping up their activity and threatening to fill any void if the successor to CFPB Director Cordray is less aggressive in pursuing enforcement. Also, the volume of private litigation, including class actions, remains high.

2018 will mark the 23rd year of this exceptional program. This year, we will focus on a broad array of recent regulatory, enforcement and litigation issues relating to mortgages; auto finance; credit, debit and prepaid cards; marketplace lending and Fintech; deposit accounts; student loans; and other products and services. We will also focus on new developments pertaining to fair lending, and the TCPA, FDCPA, FCRA, Military Lending Act and SCRA. Join us and our esteemed faculty for an insightful review of this dynamic area of legal practice.

What You Will Learn

 • Developments at the CFPB during the past year and its agenda for the next year under new leadership

• Recent regulatory and enforcement initiatives of other federal and state regulators and attorneys general

• The latest wave of litigation against banks and other consumer financial services companies

• Regulatory and litigation priorities of consumer advocates in the next year

• The increased focus on privacy and data security and how that impacts products being offered over the Internet and through smartphones

• Ethical issues unique to the consumer financial services space

Who Should Attend

All professionals involved in consumer financial services, including lawyers, legal and compliance professionals, bankers, lenders, debt collectors, credit bureaus, consumer advocates and professors, will gain many practical takeaways from this program.


PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

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

9:00 Opening Remarks

Speakers: Alan S. Kaplinsky, John J. Roddy, Julia B. Strickland, Beth E. Terrell

9:15 The CFPB Speaks
General
•     Meeting the new CFPB leadership
•     Constitutional challenges to the CFPB
•     Legislative reform
Regulatory Developments
•     CRA disapproval of final arbitration rule and next steps
•     Final small dollar lending rule
•     Final prepaid account rule and proposed amendments
•     Status of other rules involving debt collection, overdraft practices, and small business lending data 
       collection
•     Implementation of new mortgage rules and status of amendments to TILA-RESPA integrated 
      disclosure rule
•     Priorities going forward
Supervisory Developments
•     Status of future "larger participant" rules, including for installment and auto title lenders
•     Status of registration system for nonbank lenders
•     Priorities going forward
Enforcement Developments
•     Important consent order and enforcement litigation during the past year
•     Ongoing litigation under the new CFPB leadership
•     Use of UDAAP authority for “abusive” acts or practices
•     Priorities going forward
Speakers: Eric J. Mogilnicki , Christopher J. Willis

11:00 Networking Break

11:15 Federal Regulators Speak: Priorities & Coordination
•     Regulatory compliance for new products and platforms, including FinTech and the use of online and 
      mobile platforms for marketing, origination and servicing
•     Fair Lending hot issues (redlining, reverse redlining, lending and servicing issues related to race and 
      national origin, limited English proficiency, disability, pregnancy and maternity leave status)
•    Fraud and misrepresentation focus
•    Privacy and data security considerations
•    Transition and priorities for 2018 and beyond
(IAPP Privacy credit for Privacy Professionals)
(CFE Field of Study: Fraud)

Speakers: Richard K. Hayes, Malini Mithal, Quyen T. Truong

12:30 Lunch

1:45 State Regulatory Activism Update and Recent Developments
•     U.S. v. Dish – prototype for coordinated enforcement actions?
•     Pursuing law firm debt collection mills
•     Equity stripping home repair frauds
•     Continuing relief for students of for-profit colleges
•     Auto finance and credit insurance scams
•     Regional multistate actions by collaborating Attorneys General
(CFE Field of Study: Fraud)

Speakers: Jane M. Azia, Shennan A. Kavanagh

2:45 Networking Break

3:00 Data Security and Privacy Issues
•     Cutting edge compliance issues and best practices
•     Is your confidential client information safe from hackers?
•     How the Equifax debacle could alter credit reporting
•     Responding to regulatory subpoenas without compromising sensitive data
•     State and federal legislative and regulatory update
(IAPP Privacy credit for Privacy Professionals)
(CFE Field of Study: Fraud)

Speakers: Serge Jorgensen, Katherine E. McCarron, Matthew H. Meade

4:00 Fair Credit Reporting Act/ Debt Collection Issues
•     Pedro v.Equifax and reporting on authorized user accounts:  What does it mean for
      defining “accuracy”?  For determining what is a “willful” violation?
•     Are standalone disclosure claims still viable after Groshek v. Time Warner and Dreher v. Experian?
•     The dangers of class trials on statutory damages claims:  Ramirez v. TransUnion
•     What does the Equifax data security breach mean for FCRA litigation?
•     Increasing public and private litigation directed at debt collection mills
(IAPP Privacy credit for Privacy Professionals)
(CFE Field of Study: Fraud)

Speakers: David N. Anthony, Leonard Bennett, John Soumilas

Day Two: 9:00 a.m. - 4:30 p.m.

9:00 Class Actions and Litigation Update
•     Changes to class action standards through legislation and Rule 23 amendments and their impact
•     Update on class certification jurisprudence, including ascertainability
•     What do changes on the Supreme Court suggest for class actions?
•     Spokeo and its progeny—the continuing evolution of standing requirements
•     Class action settlement developments, including the widening Circuit split as exemplified in Facebook 
       and Subway
Speakers: Elizabeth J. Cabraser, Hon. Rebecca R. Pallmeyer, Alan Schoenfeld

10:15 Networking Break

10:30 Representing Consumers in a Trump World: Plaintiffs’ Perspective
•     Challenging arbitration clauses after repeal of the CFPB rule
•     Tribal payday lending litigation update
•     Student lending: regulatory and litigation update
•     State court litigation trends in light of Spokeo and BMS
Speakers: F. Paul Bland, Jr., Christopher L. Peterson, Matthew Wessler

12:00 Lunch

1:15 What’s Trending Now: Cutting Edge Consumer Financial Services Updates
•     Supreme Court decisions and trends
•     Choosing where to sue or settle in the wake of Bristol Myers Squibb
•     Using injunctive relief to create change; the impact of Davidson v. Kimberly-Clark
•     Litigation and settlement trends in data breach and TCPA litigation
(CFE Field of Study: Fraud)

Speakers: Andre M. Mura, Christopher L. Peterson, Matthew Wessler

2:15 Networking Break

2:30 The Rapidly Changing Landscape for Marketplace Lending and FinTech
• Status of the OCC’s proposed FinTech charter, including litigation challenging the charter - CSBS v. 
   OCC
and New York Dep’t of Fin. Svcs. v. OCC
• Bank partnership issues, including “true lender” and Madden v. Midland Funding and Colorado's 
   litigation against Avant Inc. and Marlette Funding LLC d/b/a Best Egg
• Increasing scrutiny of small business finance
• Balancing innovation with consumer protection
(CFE Field of Study: Fraud)

Speakers: Frank R. Borchert, Cornelius K. Hurley, Robert S. Lavet

3:30 Ethical Issues Unique to the Consumer Space
• The impact of In re Payment Card Interchange Fee on litigating and settling class actions
• Ethical issues in joint defense agreements
• Ethical issues in the use of social media by lawyers and/or clients
• Ethical pitfalls in the settlement context; a mediator’s perspective
Speakers: John W. Barrett, Joshua P. Davis, Jennifer Smith Finnegan, Bruce A. Friedman

4:30 Adjourn

Co-Chair(s)