Seminar  Program

24th Annual Consumer Financial Services Institute


Select a Location:

Why You Should Attend

2019 will mark the 24th year of this exceptional program, which is considered the premier consumer financial services CLE program in the country.

The leadership of the, BCFP, FTC, DOJ, FCC, OCC and federal banking agencies has changed under the Trump Administration.  While the priorities of those agencies have also changed, all of them are still very active in enforcing consumer financial services laws.  At the same time, state regulators and attorneys general have increased their enforcement activity to fill any void created by the decline in activity at the federal level.  The volume of private litigation, particularly under the TCPA and FCRA, has remained high.  We will bring you up to speed on what the regulators and enforcement agencies are focusing on now and the areas in which the risk of private litigation, including class actions, remains high.

We will also focus on regulatory and compliance issues that are implicated by new products and new methods of advertising, originating and servicing consumer financial products and services.  The improved economy, the deregulatory atmosphere at the Federal level, and the increase in technological innovation (including artificial intelligence, data aggregation and Blockchain) has resulted in new entrants into the consumer financial services industry and the offering of new products by existing players in the industry.  We will focus on how the panoply of federal and state laws applies to the broad range of consumer financial services, including mortgages; auto finance; credit, debit and prepaid cards; student loans; marketplace lending and fintech; payday, auto title and installment lending; and deposit accounts.  Join us and our esteemed faculty for an insightful review of the intersection between new technologies and new products and existing regulatory frameworks.

What You Will Learn

  • The new priorities at the BCFP, FTC, DOJ, FCC and OCC
  • The regulatory and enforcement initiatives of the state regulators and attorneys general
  • The latest wave of private litigation, including class actions, against banks and other consumer financial services companies
  • Regulatory and litigation priorities of consumer advocates next year
  • Continuing focus on debt collection, privacy and data security
  • Ethical issues that practitioners face in the consumer financial services industry

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.

 

Program Level: Overview

Intended Audience:   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.

Prerequisites: None.

Advanced Preparation: None.


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: 8:30 a.m. - 5:00 p.m.

8:30 Networking Breakfast (Networking Breakfast only available at NY live program)

9:00 Opening Remarks

9:15 Federal Regulators Speak (Part I)
  • General
    • Significance of leadership changes at BCFP, FTC, OCC and FDIC
    • Interactions among the federal agencies and with the state agencies
    • Constitutional challenges to the BCFP
    • Agency efforts to promote innovation
    • Handling of consumer complaints
  • Regulatory Developments
    • Final BCFP small-dollar lending rule and prepaid account rule
    • Proposed BCFP third-party debt collection rule
    • Proposed BCFP HMDA rule
    • BCFP Trial Disclosure Policy proposal
    • OCC FinTech charter and related developments at the FDIC
    • OCC proposal to revise Community Reinvestment Act regs
    • OCC small-dollar lending guidance and related FDIC developments
    • Update on Madden and “true lender” issues
    • Status of BCFP RFIs
  • Enforcement Developments
    • Important consent orders and enforcement litigation during the last year and priorities going forward
  • Supervisory Developments
    • Focus of examinations
    • Supervisory highlights
    • The thin line between consumer protection and safety and soundness

Speakers: Keith A. Noreika (Co-Moderator), Kelly T. Cochran (Invited), Kristen Donoghue (Invited), Stuart Feldstein, Travis J. Hill (Invited), Malini Mithal, Peggy L. Twohig



10:15 Networking Break

10:30 Federal Regulators Speak (Part II)
  • General
    • Significance of leadership changes at BCFP, FTC, OCC and FDIC
    • Interactions among the federal agencies and with the state agencies
    • Constitutional challenges to the BCFP
    • Agency efforts to promote innovation
    • Handling of consumer complaints
  • Regulatory Developments
    • Final BCFP small-dollar lending rule and prepaid account rule
    • Proposed BCFP third-party debt collection rule
    • Proposed BCFP HMDA rule
    • BCFP Trial Disclosure Policy proposal
    • OCC FinTech charter and related developments at the FDIC
    • OCC proposal to revise Community Reinvestment Act regs
    • OCC small-dollar lending guidance and related FDIC developments
    • Update on Madden and “true lender” issues
    • Status of BCFP RFIs
  • Enforcement Developments
    • Important consent orders and enforcement litigation during the last year and priorities going forward
  • Supervisory Developments
    • Focus of examinations
    • Supervisory highlights
    • The thin line between consumer protection and safety and soundness

Speakers: Keith A. Noreika (Co-Moderator), Kelly T. Cochran (Invited), Kristen Donoghue (Invited), Stuart Feldstein, Travis J. Hill (Invited), Malini Mithal, Peggy L. Twohig



11:45 Lunch

12:45 State Regulatory Activism Update
  • Increased coordination through multistate investigation/actions
  • Privacy issues
  • Automobile sales and finance
  • Student lending and servicing
  • Mortgage lending and servicing
  • Debt collection 

Speakers: Jane M. Azia, Shennan A. Kavanagh



1:45 Data Security and Privacy Issues
  • Equifax MDL update and other data breach trends 
  • Privacy policies – how are Google, Apple, and other “market makers” responding to the current landscape?
  • Smart TVs and smart home devices – do their data collection methods give rise to liability?
  • State and federal legislative and regulatory update
(IAPP Privacy credit for Privacy Professionals)

Speakers: Katherine E. McCarron, Andre M. Mura



2:45 Networking Break

3:00 Fair Credit Reporting Act/ Debt Collection Issues
  • Has the BCFP abandoned these fields?
  • Mortgage servicers debt collection/foreclosure practices
  • Discriminatory lending practices unleashed?
  • Explosion of the “IRS” collection calls targeting senior citizens
  • Cross-Pollination: what does the mountain of overdue and defaulted student debt do to the credit scores and fortunes of our kids?
  • FCRA’s new federal right for consumers to implement a security freeze

Speakers: Christopher J. Willis, Chi Chi Wu



4:00 The Rapidly Evolving Landscape for FinTech
  • The legal challenges facing users of aggregated data and providers of data
  • The use of Artificial Intelligence (AI)
  • The use of Blockchain, including virtual currency
  • The impact of privacy and data security laws
  • The legal challenges facing marketplace lenders
  • Treasury’s FinTech report
  • BCFP’s Office of Innovation and other sandboxes in the US

Speakers: Duncan B. Douglass, Deborah Hoffman



5:00 Adjourn

Day Two: 8:30 a.m. - 3:30 p.m.

8:30 Networking Breakfast (Networking Breakfast only available at NY live program)

9:00 What’s Trending Now:  Cutting Edge Consumer Financial Services Updates
  • Important consumer issues on the Supreme Court’s spring 2019 agenda
  • TCPA update: Litigation and regulatory trends
  • Developments in personal jurisdiction jurisprudence
  • Trump appointed judges and the enforcement of consumer laws
  • Best practices throughout the life cycle of consumer financial services products and services

Speakers: Jennifer Bennett, Blythe Chandler, Joy Feigenbaum, Arjun P. Rao



10:45 Consumer Advocates Speak
  • Preemption as a threat to state regulation of the consumer finance industry
  • Tribal lending – cracks in the armor?
  • Arbitration update
  • Student lending: DOE rules that restrict the “borrower defense” that a school closed or acted illegally

Speakers: Jennifer Bennett, Deepak Gupta, Andre M. Mura



11:45 Lunch

1:00 Class Actions and Litigation Update
  • Changes to class action standards through jurisprudence and legislation, including the impact of Rule 23 amendments
  • Updates on trending class certification issues
  • CAFA update, including update as to removal of class action counterclaims
  • Important settlement notice and administration considerations
  • Renewed attention to California’s Unfair Competition Law for “public” claims

Speakers: Elizabeth J. Cabraser, Patrick J. Ivie, Elizabeth L. McKeen



2:15 Networking Break

2:30 Ethical Issues Unique to the Consumer Space
  • Who is the client? Investors? Borrowers? Insurance? The larger public?
  • Do the courts have any ethical duties to cultivate non-ideological jurisprudence?
  • Professional responsibilities faced when “excessive risk of default” is present
  • Cybersecurity policies: Understanding the ethical obligations for in-house counsel
  • FDCPA reform efforts and other ethical conundrums on the horizon

Speakers: Linda E. Fisher, Christopher L. Peterson



3:30 Adjourn

Chairperson(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)
Jane M. Azia ~ Bureau Chief, Bureau of Consumer Frauds and Protection , Office of the New York State Attorney General
Jennifer Bennett ~ Staff Attorney, Public Justice
Elizabeth J. Cabraser ~ Lieff Cabraser Heimann & Bernstein, LLP
Blythe Chandler ~ Terrell Marshall Law Group
Kelly T. Cochran (Invited) ~ Assistant Director, Office of Regulations, Bureau of Consumer Financial Protection (BCFP)
Kristen Donoghue (Invited) ~ Deputy Enforcement Director, Office of Enforcement , Bureau of Consumer Financial Protection (BCFP)
Duncan B. Douglass ~ Alston & Bird LLP
Joy Feigenbaum ~ Senior Vice President & Deputy General Counsel, Santander US
Stuart Feldstein ~ Director for Legislative and Regulatory Activities, Office of the Comptroller of the Currency (OCC)
Linda E. Fisher ~ Professor of Law, James B. Boskey Research Scholar, Seton Hall University School of Law
Deepak Gupta ~ Gupta Wessler PLLC
Travis J. Hill (Invited) ~ Senior Advisor to the Chairman, Federal Deposit Insurance Corporation (FDIC)
Deborah Hoffman ~ CEO & Founder, Symmetry Blockchain Advisors, Inc.
Patrick J. Ivie ~ Senior Executive Vice President, KCC LLC
Shennan A. Kavanagh ~ Deputy Chief of the Consumer Protection Division, Office of the Attorney General of Massachusetts
Katherine E. McCarron ~ Attorney, Bureau of Consumer Protection Division of Privacy and Identity Protection, Federal Trade Commission
Elizabeth L. McKeen ~ O'Melveny & Myers LLP
Malini Mithal ~ Acting Associate Director, Division of Financial Practices, Federal Trade Commission
Andre M. Mura ~ Gibbs Law Group LLP
Keith A. Noreika ~ Simpson Thacher & Bartlett LLP
Christopher L. Peterson ~ Director of Financial Services, Consumer Federation of America (Washington, DC), John J. Flynn Endowed Professor of Law, S.J. Quinney College of Law, University of Utah
Arjun P. Rao ~ Stroock & Stroock & Lavan LLP
Peggy L. Twohig ~ Assistant Director for Supervision Policy, Bureau of Consumer Financial Protection (BCFP)
Christopher J. Willis ~ Ballard Spahr LLP
Chi Chi Wu ~ Staff Attorney, National Consumer Law Center
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:  All PLI products can fulfill Puerto Rico’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

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

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.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Dubai (CLPD-DUBAI):  PLI’s live seminars may fulfill CLPD credit requirements.

Other Credit Types

CPE Credit (NASBA): PLI’s live seminars qualify as the “Group-Live” delivery method. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

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

2019 will mark the 24th year of this exceptional program, which is considered the premier consumer financial services CLE program in the country.

The leadership of the, BCFP, FTC, DOJ, FCC, OCC and federal banking agencies has changed under the Trump Administration.  While the priorities of those agencies have also changed, all of them are still very active in enforcing consumer financial services laws.  At the same time, state regulators and attorneys general have increased their enforcement activity to fill any void created by the decline in activity at the federal level.  The volume of private litigation, particularly under the TCPA and FCRA, has remained high.  We will bring you up to speed on what the regulators and enforcement agencies are focusing on now and the areas in which the risk of private litigation, including class actions, remains high.

We will also focus on regulatory and compliance issues that are implicated by new products and new methods of advertising, originating and servicing consumer financial products and services.  The improved economy, the deregulatory atmosphere at the Federal level, and the increase in technological innovation (including artificial intelligence, data aggregation and Blockchain) has resulted in new entrants into the consumer financial services industry and the offering of new products by existing players in the industry.  We will focus on how the panoply of federal and state laws applies to the broad range of consumer financial services, including mortgages; auto finance; credit, debit and prepaid cards; student loans; marketplace lending and fintech; payday, auto title and installment lending; and deposit accounts.  Join us and our esteemed faculty for an insightful review of the intersection between new technologies and new products and existing regulatory frameworks.

What You Will Learn

  • The new priorities at the BCFP, FTC, DOJ, FCC and OCC
  • The regulatory and enforcement initiatives of the state regulators and attorneys general
  • The latest wave of private litigation, including class actions, against banks and other consumer financial services companies
  • Regulatory and litigation priorities of consumer advocates next year
  • Continuing focus on debt collection, privacy and data security
  • Ethical issues that practitioners face in the consumer financial services industry

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.

 

Program Level: Overview

Intended Audience:   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.

Prerequisites: None.

Advanced Preparation: None.


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: 8:30 a.m. - 5:00 p.m.

8:30 Networking Breakfast (Networking Breakfast only available at NY live program)

9:00 Opening Remarks

9:15 Federal Regulators Speak (Part I)
  • General
    • Significance of leadership changes at BCFP, FTC, OCC and FDIC
    • Interactions among the federal agencies and with the state agencies
    • Constitutional challenges to the BCFP
    • Agency efforts to promote innovation
    • Handling of consumer complaints
  • Regulatory Developments
    • Final BCFP small-dollar lending rule and prepaid account rule
    • Proposed BCFP third-party debt collection rule
    • Proposed BCFP HMDA rule
    • BCFP Trial Disclosure Policy proposal
    • OCC FinTech charter and related developments at the FDIC
    • OCC proposal to revise Community Reinvestment Act regs
    • OCC small-dollar lending guidance and related FDIC developments
    • Update on Madden and “true lender” issues
    • Status of BCFP RFIs
  • Enforcement Developments
    • Important consent orders and enforcement litigation during the last year and priorities going forward
  • Supervisory Developments
    • Focus of examinations
    • Supervisory highlights
    • The thin line between consumer protection and safety and soundness

Speakers: Keith A. Noreika (Co-Moderator), Kelly T. Cochran (Invited), Kristen Donoghue (Invited), Stuart Feldstein, Travis J. Hill (Invited), Malini Mithal, Peggy L. Twohig



10:15 Networking Break

10:30 Federal Regulators Speak (Part II)
  • General
    • Significance of leadership changes at BCFP, FTC, OCC and FDIC
    • Interactions among the federal agencies and with the state agencies
    • Constitutional challenges to the BCFP
    • Agency efforts to promote innovation
    • Handling of consumer complaints
  • Regulatory Developments
    • Final BCFP small-dollar lending rule and prepaid account rule
    • Proposed BCFP third-party debt collection rule
    • Proposed BCFP HMDA rule
    • BCFP Trial Disclosure Policy proposal
    • OCC FinTech charter and related developments at the FDIC
    • OCC proposal to revise Community Reinvestment Act regs
    • OCC small-dollar lending guidance and related FDIC developments
    • Update on Madden and “true lender” issues
    • Status of BCFP RFIs
  • Enforcement Developments
    • Important consent orders and enforcement litigation during the last year and priorities going forward
  • Supervisory Developments
    • Focus of examinations
    • Supervisory highlights
    • The thin line between consumer protection and safety and soundness

Speakers: Keith A. Noreika (Co-Moderator), Kelly T. Cochran (Invited), Kristen Donoghue (Invited), Stuart Feldstein, Travis J. Hill (Invited), Malini Mithal, Peggy L. Twohig



11:45 Lunch

12:45 State Regulatory Activism Update
  • Increased coordination through multistate investigation/actions
  • Privacy issues
  • Automobile sales and finance
  • Student lending and servicing
  • Mortgage lending and servicing
  • Debt collection 

Speakers: Jane M. Azia, Shennan A. Kavanagh



1:45 Data Security and Privacy Issues
  • Equifax MDL update and other data breach trends 
  • Privacy policies – how are Google, Apple, and other “market makers” responding to the current landscape?
  • Smart TVs and smart home devices – do their data collection methods give rise to liability?
  • State and federal legislative and regulatory update
(IAPP Privacy credit for Privacy Professionals)

Speakers: Katherine E. McCarron, Andre M. Mura



2:45 Networking Break

3:00 Fair Credit Reporting Act/ Debt Collection Issues
  • Has the BCFP abandoned these fields?
  • Mortgage servicers debt collection/foreclosure practices
  • Discriminatory lending practices unleashed?
  • Explosion of the “IRS” collection calls targeting senior citizens
  • Cross-Pollination: what does the mountain of overdue and defaulted student debt do to the credit scores and fortunes of our kids?
  • FCRA’s new federal right for consumers to implement a security freeze

Speakers: Christopher J. Willis, Chi Chi Wu



4:00 The Rapidly Evolving Landscape for FinTech
  • The legal challenges facing users of aggregated data and providers of data
  • The use of Artificial Intelligence (AI)
  • The use of Blockchain, including virtual currency
  • The impact of privacy and data security laws
  • The legal challenges facing marketplace lenders
  • Treasury’s FinTech report
  • BCFP’s Office of Innovation and other sandboxes in the US

Speakers: Duncan B. Douglass, Deborah Hoffman



5:00 Adjourn

Day Two: 8:30 a.m. - 3:30 p.m.

8:30 Networking Breakfast (Networking Breakfast only available at NY live program)

9:00 What’s Trending Now:  Cutting Edge Consumer Financial Services Updates
  • Important consumer issues on the Supreme Court’s spring 2019 agenda
  • TCPA update: Litigation and regulatory trends
  • Developments in personal jurisdiction jurisprudence
  • Trump appointed judges and the enforcement of consumer laws
  • Best practices throughout the life cycle of consumer financial services products and services

Speakers: Jennifer Bennett, Blythe Chandler, Joy Feigenbaum, Arjun P. Rao



10:45 Consumer Advocates Speak
  • Preemption as a threat to state regulation of the consumer finance industry
  • Tribal lending – cracks in the armor?
  • Arbitration update
  • Student lending: DOE rules that restrict the “borrower defense” that a school closed or acted illegally

Speakers: Jennifer Bennett, Deepak Gupta, Andre M. Mura



11:45 Lunch

1:00 Class Actions and Litigation Update
  • Changes to class action standards through jurisprudence and legislation, including the impact of Rule 23 amendments
  • Updates on trending class certification issues
  • CAFA update, including update as to removal of class action counterclaims
  • Important settlement notice and administration considerations
  • Renewed attention to California’s Unfair Competition Law for “public” claims

Speakers: Elizabeth J. Cabraser, Patrick J. Ivie, Elizabeth L. McKeen



2:15 Networking Break

2:30 Ethical Issues Unique to the Consumer Space
  • Who is the client? Investors? Borrowers? Insurance? The larger public?
  • Do the courts have any ethical duties to cultivate non-ideological jurisprudence?
  • Professional responsibilities faced when “excessive risk of default” is present
  • Cybersecurity policies: Understanding the ethical obligations for in-house counsel
  • FDCPA reform efforts and other ethical conundrums on the horizon

Speakers: Linda E. Fisher, Christopher L. Peterson



3:30 Adjourn

Chairperson(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)
Jane M. Azia ~ Bureau Chief, Bureau of Consumer Frauds and Protection , Office of the New York State Attorney General
Jennifer Bennett ~ Staff Attorney, Public Justice
Elizabeth J. Cabraser ~ Lieff Cabraser Heimann & Bernstein, LLP
Blythe Chandler ~ Terrell Marshall Law Group
Kelly T. Cochran (Invited) ~ Assistant Director, Office of Regulations, Bureau of Consumer Financial Protection (BCFP)
Kristen Donoghue (Invited) ~ Deputy Enforcement Director, Office of Enforcement , Bureau of Consumer Financial Protection (BCFP)
Duncan B. Douglass ~ Alston & Bird LLP
Joy Feigenbaum ~ Senior Vice President & Deputy General Counsel, Santander US
Stuart Feldstein ~ Director for Legislative and Regulatory Activities, Office of the Comptroller of the Currency (OCC)
Linda E. Fisher ~ Professor of Law, James B. Boskey Research Scholar, Seton Hall University School of Law
Deepak Gupta ~ Gupta Wessler PLLC
Travis J. Hill (Invited) ~ Senior Advisor to the Chairman, Federal Deposit Insurance Corporation (FDIC)
Deborah Hoffman ~ CEO & Founder, Symmetry Blockchain Advisors, Inc.
Patrick J. Ivie ~ Senior Executive Vice President, KCC LLC
Shennan A. Kavanagh ~ Deputy Chief of the Consumer Protection Division, Office of the Attorney General of Massachusetts
Katherine E. McCarron ~ Attorney, Bureau of Consumer Protection Division of Privacy and Identity Protection, Federal Trade Commission
Elizabeth L. McKeen ~ O'Melveny & Myers LLP
Malini Mithal ~ Acting Associate Director, Division of Financial Practices, Federal Trade Commission
Andre M. Mura ~ Gibbs Law Group LLP
Keith A. Noreika ~ Simpson Thacher & Bartlett LLP
Christopher L. Peterson ~ Director of Financial Services, Consumer Federation of America (Washington, DC), John J. Flynn Endowed Professor of Law, S.J. Quinney College of Law, University of Utah
Arjun P. Rao ~ Stroock & Stroock & Lavan LLP
Peggy L. Twohig ~ Assistant Director for Supervision Policy, Bureau of Consumer Financial Protection (BCFP)
Christopher J. Willis ~ Ballard Spahr LLP
Chi Chi Wu ~ Staff Attorney, National Consumer Law Center
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. Effective January 1, 2019, the limit of distance education per reporting period will increase from 9 to 18 credits.

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

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

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.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Dubai (CLPD-DUBAI):  PLI’s live webcasts may fulfill CLPD credit requirements.

Other Credit Types

CPE Credit (NASBA):  PLI’s live webcasts qualify as the “Group-Internet-Based” (GIB) delivery method. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

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

2019 will mark the 24th year of this exceptional program, which is considered the premier consumer financial services CLE program in the country.

The leadership of the, BCFP, FTC, DOJ, FCC, OCC and federal banking agencies has changed under the Trump Administration.  While the priorities of those agencies have also changed, all of them are still very active in enforcing consumer financial services laws.  At the same time, state regulators and attorneys general have increased their enforcement activity to fill any void created by the decline in activity at the federal level.  The volume of private litigation, particularly under the TCPA and FCRA, has remained high.  We will bring you up to speed on what the regulators and enforcement agencies are focusing on now and the areas in which the risk of private litigation, including class actions, remains high.

We will also focus on regulatory and compliance issues that are implicated by new products and new methods of advertising, originating and servicing consumer financial products and services.  The improved economy, the deregulatory atmosphere at the Federal level, and the increase in technological innovation (including artificial intelligence, data aggregation and Blockchain) has resulted in new entrants into the consumer financial services industry and the offering of new products by existing players in the industry.  We will focus on how the panoply of federal and state laws applies to the broad range of consumer financial services, including mortgages; auto finance; credit, debit and prepaid cards; student loans; marketplace lending and fintech; payday, auto title and installment lending; and deposit accounts.  Join us and our esteemed faculty for an insightful review of the intersection between new technologies and new products and existing regulatory frameworks.

What You Will Learn

  • The new priorities at the BCFP, FTC, DOJ, FCC and OCC
  • The regulatory and enforcement initiatives of the state regulators and attorneys general
  • The latest wave of private litigation, including class actions, against banks and other consumer financial services companies
  • Regulatory and litigation priorities of consumer advocates next year
  • Continuing focus on debt collection, privacy and data security
  • Ethical issues that practitioners face in the consumer financial services industry

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.

 

Program Level: Overview

Intended Audience:   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.

Prerequisites: None.

Advanced Preparation: None.


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: 8:30 a.m. - 5:00 p.m.

8:30 Networking Breakfast (Networking Breakfast only available at NY live program)

9:00 Opening Remarks

9:15 Federal Regulators Speak (Part I)
  • General
    • Significance of leadership changes at BCFP, FTC, OCC and FDIC
    • Interactions among the federal agencies and with the state agencies
    • Constitutional challenges to the BCFP
    • Agency efforts to promote innovation
    • Handling of consumer complaints
  • Regulatory Developments
    • Final BCFP small-dollar lending rule and prepaid account rule
    • Proposed BCFP third-party debt collection rule
    • Proposed BCFP HMDA rule
    • BCFP Trial Disclosure Policy proposal
    • OCC FinTech charter and related developments at the FDIC
    • OCC proposal to revise Community Reinvestment Act regs
    • OCC small-dollar lending guidance and related FDIC developments
    • Update on Madden and “true lender” issues
    • Status of BCFP RFIs
  • Enforcement Developments
    • Important consent orders and enforcement litigation during the last year and priorities going forward
  • Supervisory Developments
    • Focus of examinations
    • Supervisory highlights
    • The thin line between consumer protection and safety and soundness

Speakers: Keith A. Noreika (Co-Moderator), Kelly T. Cochran (Invited), Kristen Donoghue (Invited), Stuart Feldstein, Travis J. Hill (Invited), Malini Mithal, Peggy L. Twohig



10:15 Networking Break

10:30 Federal Regulators Speak (Part II)
  • General
    • Significance of leadership changes at BCFP, FTC, OCC and FDIC
    • Interactions among the federal agencies and with the state agencies
    • Constitutional challenges to the BCFP
    • Agency efforts to promote innovation
    • Handling of consumer complaints
  • Regulatory Developments
    • Final BCFP small-dollar lending rule and prepaid account rule
    • Proposed BCFP third-party debt collection rule
    • Proposed BCFP HMDA rule
    • BCFP Trial Disclosure Policy proposal
    • OCC FinTech charter and related developments at the FDIC
    • OCC proposal to revise Community Reinvestment Act regs
    • OCC small-dollar lending guidance and related FDIC developments
    • Update on Madden and “true lender” issues
    • Status of BCFP RFIs
  • Enforcement Developments
    • Important consent orders and enforcement litigation during the last year and priorities going forward
  • Supervisory Developments
    • Focus of examinations
    • Supervisory highlights
    • The thin line between consumer protection and safety and soundness

Speakers: Keith A. Noreika (Co-Moderator), Kelly T. Cochran (Invited), Kristen Donoghue (Invited), Stuart Feldstein, Travis J. Hill (Invited), Malini Mithal, Peggy L. Twohig



11:45 Lunch

12:45 State Regulatory Activism Update
  • Increased coordination through multistate investigation/actions
  • Privacy issues
  • Automobile sales and finance
  • Student lending and servicing
  • Mortgage lending and servicing
  • Debt collection 

Speakers: Jane M. Azia, Shennan A. Kavanagh



1:45 Data Security and Privacy Issues
  • Equifax MDL update and other data breach trends 
  • Privacy policies – how are Google, Apple, and other “market makers” responding to the current landscape?
  • Smart TVs and smart home devices – do their data collection methods give rise to liability?
  • State and federal legislative and regulatory update
(IAPP Privacy credit for Privacy Professionals)

Speakers: Katherine E. McCarron, Andre M. Mura



2:45 Networking Break

3:00 Fair Credit Reporting Act/ Debt Collection Issues
  • Has the BCFP abandoned these fields?
  • Mortgage servicers debt collection/foreclosure practices
  • Discriminatory lending practices unleashed?
  • Explosion of the “IRS” collection calls targeting senior citizens
  • Cross-Pollination: what does the mountain of overdue and defaulted student debt do to the credit scores and fortunes of our kids?
  • FCRA’s new federal right for consumers to implement a security freeze

Speakers: Christopher J. Willis, Chi Chi Wu



4:00 The Rapidly Evolving Landscape for FinTech
  • The legal challenges facing users of aggregated data and providers of data
  • The use of Artificial Intelligence (AI)
  • The use of Blockchain, including virtual currency
  • The impact of privacy and data security laws
  • The legal challenges facing marketplace lenders
  • Treasury’s FinTech report
  • BCFP’s Office of Innovation and other sandboxes in the US

Speakers: Duncan B. Douglass, Deborah Hoffman



5:00 Adjourn

Day Two: 8:30 a.m. - 3:30 p.m.

8:30 Networking Breakfast (Networking Breakfast only available at NY live program)

9:00 What’s Trending Now:  Cutting Edge Consumer Financial Services Updates
  • Important consumer issues on the Supreme Court’s spring 2019 agenda
  • TCPA update: Litigation and regulatory trends
  • Developments in personal jurisdiction jurisprudence
  • Trump appointed judges and the enforcement of consumer laws
  • Best practices throughout the life cycle of consumer financial services products and services

Speakers: Jennifer Bennett, Blythe Chandler, Joy Feigenbaum, Arjun P. Rao



10:45 Consumer Advocates Speak
  • Preemption as a threat to state regulation of the consumer finance industry
  • Tribal lending – cracks in the armor?
  • Arbitration update
  • Student lending: DOE rules that restrict the “borrower defense” that a school closed or acted illegally

Speakers: Jennifer Bennett, Deepak Gupta, Andre M. Mura



11:45 Lunch

1:00 Class Actions and Litigation Update
  • Changes to class action standards through jurisprudence and legislation, including the impact of Rule 23 amendments
  • Updates on trending class certification issues
  • CAFA update, including update as to removal of class action counterclaims
  • Important settlement notice and administration considerations
  • Renewed attention to California’s Unfair Competition Law for “public” claims

Speakers: Elizabeth J. Cabraser, Patrick J. Ivie, Elizabeth L. McKeen



2:15 Networking Break

2:30 Ethical Issues Unique to the Consumer Space
  • Who is the client? Investors? Borrowers? Insurance? The larger public?
  • Do the courts have any ethical duties to cultivate non-ideological jurisprudence?
  • Professional responsibilities faced when “excessive risk of default” is present
  • Cybersecurity policies: Understanding the ethical obligations for in-house counsel
  • FDCPA reform efforts and other ethical conundrums on the horizon

Speakers: Linda E. Fisher, Christopher L. Peterson



3:30 Adjourn

Chairperson(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)
Jane M. Azia ~ Bureau Chief, Bureau of Consumer Frauds and Protection , Office of the New York State Attorney General
Jennifer Bennett ~ Staff Attorney, Public Justice
Elizabeth J. Cabraser ~ Lieff Cabraser Heimann & Bernstein, LLP
Blythe Chandler ~ Terrell Marshall Law Group
Kelly T. Cochran (Invited) ~ Assistant Director, Office of Regulations, Bureau of Consumer Financial Protection (BCFP)
Kristen Donoghue (Invited) ~ Deputy Enforcement Director, Office of Enforcement , Bureau of Consumer Financial Protection (BCFP)
Duncan B. Douglass ~ Alston & Bird LLP
Joy Feigenbaum ~ Senior Vice President & Deputy General Counsel, Santander US
Stuart Feldstein ~ Director for Legislative and Regulatory Activities, Office of the Comptroller of the Currency (OCC)
Linda E. Fisher ~ Professor of Law, James B. Boskey Research Scholar, Seton Hall University School of Law
Deepak Gupta ~ Gupta Wessler PLLC
Travis J. Hill (Invited) ~ Senior Advisor to the Chairman, Federal Deposit Insurance Corporation (FDIC)
Deborah Hoffman ~ CEO & Founder, Symmetry Blockchain Advisors, Inc.
Patrick J. Ivie ~ Senior Executive Vice President, KCC LLC
Shennan A. Kavanagh ~ Deputy Chief of the Consumer Protection Division, Office of the Attorney General of Massachusetts
Katherine E. McCarron ~ Attorney, Bureau of Consumer Protection Division of Privacy and Identity Protection, Federal Trade Commission
Elizabeth L. McKeen ~ O'Melveny & Myers LLP
Malini Mithal ~ Acting Associate Director, Division of Financial Practices, Federal Trade Commission
Andre M. Mura ~ Gibbs Law Group LLP
Keith A. Noreika ~ Simpson Thacher & Bartlett LLP
Christopher L. Peterson ~ Director of Financial Services, Consumer Federation of America (Washington, DC), John J. Flynn Endowed Professor of Law, S.J. Quinney College of Law, University of Utah
Arjun P. Rao ~ Stroock & Stroock & Lavan LLP
Peggy L. Twohig ~ Assistant Director for Supervision Policy, Bureau of Consumer Financial Protection (BCFP)
Christopher J. Willis ~ Ballard Spahr LLP
Chi Chi Wu ~ Staff Attorney, National Consumer Law Center
Program Attorney(s)
Danielle B. Cohen ~ Senior Program Attorney, Practising Law Institute

Philadelphia Groupcast Location

Pennsylvania Bar Institute, The CLE Conference Center, Wanamaker Building, 10th floor, Suite 1010, Center City Philadelphia (Juniper St. entrance, between 13th & Broad Sts., opposite City Hall). (800) 932-4637. Click here for directions.

Philadelphia Groupcast Hotel Accommodations

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

Marriott Residence Inn

Ritz Carlton

Loews Philadelphia

Philadelphia Marriott Downtown

Hilton Garden Inn

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

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

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.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

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


Other Credit Types

CPE Credit (NASBA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as the “Group-Live” delivery method. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

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

2019 will mark the 24th year of this exceptional program, which is considered the premier consumer financial services CLE program in the country.

The leadership of the, BCFP, FTC, DOJ, FCC, OCC and federal banking agencies has changed under the Trump Administration.  While the priorities of those agencies have also changed, all of them are still very active in enforcing consumer financial services laws.  At the same time, state regulators and attorneys general have increased their enforcement activity to fill any void created by the decline in activity at the federal level.  The volume of private litigation, particularly under the TCPA and FCRA, has remained high.  We will bring you up to speed on what the regulators and enforcement agencies are focusing on now and the areas in which the risk of private litigation, including class actions, remains high.

We will also focus on regulatory and compliance issues that are implicated by new products and new methods of advertising, originating and servicing consumer financial products and services.  The improved economy, the deregulatory atmosphere at the Federal level, and the increase in technological innovation (including artificial intelligence, data aggregation and Blockchain) has resulted in new entrants into the consumer financial services industry and the offering of new products by existing players in the industry.  We will focus on how the panoply of federal and state laws applies to the broad range of consumer financial services, including mortgages; auto finance; credit, debit and prepaid cards; student loans; marketplace lending and fintech; payday, auto title and installment lending; and deposit accounts.  Join us and our esteemed faculty for an insightful review of the intersection between new technologies and new products and existing regulatory frameworks.

What You Will Learn

  • The new priorities at the BCFP, FTC, DOJ, FCC and OCC
  • The regulatory and enforcement initiatives of the state regulators and attorneys general
  • The latest wave of private litigation, including class actions, against banks and other consumer financial services companies
  • Regulatory and litigation priorities of consumer advocates next year
  • Continuing focus on debt collection, privacy and data security
  • Ethical issues that practitioners face in the consumer financial services industry

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.

 

Program Level: Overview

Intended Audience:   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.

Prerequisites: None.

Advanced Preparation: None.


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: 8:30 a.m. - 5:00 p.m.

8:30 Networking Breakfast (Networking Breakfast only available at NY live program)

9:00 Opening Remarks

9:15 Federal Regulators Speak (Part I)
  • General
    • Significance of leadership changes at BCFP, FTC, OCC and FDIC
    • Interactions among the federal agencies and with the state agencies
    • Constitutional challenges to the BCFP
    • Agency efforts to promote innovation
    • Handling of consumer complaints
  • Regulatory Developments
    • Final BCFP small-dollar lending rule and prepaid account rule
    • Proposed BCFP third-party debt collection rule
    • Proposed BCFP HMDA rule
    • BCFP Trial Disclosure Policy proposal
    • OCC FinTech charter and related developments at the FDIC
    • OCC proposal to revise Community Reinvestment Act regs
    • OCC small-dollar lending guidance and related FDIC developments
    • Update on Madden and “true lender” issues
    • Status of BCFP RFIs
  • Enforcement Developments
    • Important consent orders and enforcement litigation during the last year and priorities going forward
  • Supervisory Developments
    • Focus of examinations
    • Supervisory highlights
    • The thin line between consumer protection and safety and soundness

Speakers: Keith A. Noreika (Co-Moderator), Kelly T. Cochran (Invited), Kristen Donoghue (Invited), Stuart Feldstein, Travis J. Hill (Invited), Malini Mithal, Peggy L. Twohig



10:15 Networking Break

10:30 Federal Regulators Speak (Part II)
  • General
    • Significance of leadership changes at BCFP, FTC, OCC and FDIC
    • Interactions among the federal agencies and with the state agencies
    • Constitutional challenges to the BCFP
    • Agency efforts to promote innovation
    • Handling of consumer complaints
  • Regulatory Developments
    • Final BCFP small-dollar lending rule and prepaid account rule
    • Proposed BCFP third-party debt collection rule
    • Proposed BCFP HMDA rule
    • BCFP Trial Disclosure Policy proposal
    • OCC FinTech charter and related developments at the FDIC
    • OCC proposal to revise Community Reinvestment Act regs
    • OCC small-dollar lending guidance and related FDIC developments
    • Update on Madden and “true lender” issues
    • Status of BCFP RFIs
  • Enforcement Developments
    • Important consent orders and enforcement litigation during the last year and priorities going forward
  • Supervisory Developments
    • Focus of examinations
    • Supervisory highlights
    • The thin line between consumer protection and safety and soundness

Speakers: Keith A. Noreika (Co-Moderator), Kelly T. Cochran (Invited), Kristen Donoghue (Invited), Stuart Feldstein, Travis J. Hill (Invited), Malini Mithal, Peggy L. Twohig



11:45 Lunch

12:45 State Regulatory Activism Update
  • Increased coordination through multistate investigation/actions
  • Privacy issues
  • Automobile sales and finance
  • Student lending and servicing
  • Mortgage lending and servicing
  • Debt collection 

Speakers: Jane M. Azia, Shennan A. Kavanagh



1:45 Data Security and Privacy Issues
  • Equifax MDL update and other data breach trends 
  • Privacy policies – how are Google, Apple, and other “market makers” responding to the current landscape?
  • Smart TVs and smart home devices – do their data collection methods give rise to liability?
  • State and federal legislative and regulatory update
(IAPP Privacy credit for Privacy Professionals)

Speakers: Katherine E. McCarron, Andre M. Mura



2:45 Networking Break

3:00 Fair Credit Reporting Act/ Debt Collection Issues
  • Has the BCFP abandoned these fields?
  • Mortgage servicers debt collection/foreclosure practices
  • Discriminatory lending practices unleashed?
  • Explosion of the “IRS” collection calls targeting senior citizens
  • Cross-Pollination: what does the mountain of overdue and defaulted student debt do to the credit scores and fortunes of our kids?
  • FCRA’s new federal right for consumers to implement a security freeze

Speakers: Christopher J. Willis, Chi Chi Wu



4:00 The Rapidly Evolving Landscape for FinTech
  • The legal challenges facing users of aggregated data and providers of data
  • The use of Artificial Intelligence (AI)
  • The use of Blockchain, including virtual currency
  • The impact of privacy and data security laws
  • The legal challenges facing marketplace lenders
  • Treasury’s FinTech report
  • BCFP’s Office of Innovation and other sandboxes in the US

Speakers: Duncan B. Douglass, Deborah Hoffman



5:00 Adjourn

Day Two: 8:30 a.m. - 3:30 p.m.

8:30 Networking Breakfast (Networking Breakfast only available at NY live program)

9:00 What’s Trending Now:  Cutting Edge Consumer Financial Services Updates
  • Important consumer issues on the Supreme Court’s spring 2019 agenda
  • TCPA update: Litigation and regulatory trends
  • Developments in personal jurisdiction jurisprudence
  • Trump appointed judges and the enforcement of consumer laws
  • Best practices throughout the life cycle of consumer financial services products and services

Speakers: Jennifer Bennett, Blythe Chandler, Joy Feigenbaum, Arjun P. Rao



10:45 Consumer Advocates Speak
  • Preemption as a threat to state regulation of the consumer finance industry
  • Tribal lending – cracks in the armor?
  • Arbitration update
  • Student lending: DOE rules that restrict the “borrower defense” that a school closed or acted illegally

Speakers: Jennifer Bennett, Deepak Gupta, Andre M. Mura



11:45 Lunch

1:00 Class Actions and Litigation Update
  • Changes to class action standards through jurisprudence and legislation, including the impact of Rule 23 amendments
  • Updates on trending class certification issues
  • CAFA update, including update as to removal of class action counterclaims
  • Important settlement notice and administration considerations
  • Renewed attention to California’s Unfair Competition Law for “public” claims

Speakers: Elizabeth J. Cabraser, Patrick J. Ivie, Elizabeth L. McKeen



2:15 Networking Break

2:30 Ethical Issues Unique to the Consumer Space
  • Who is the client? Investors? Borrowers? Insurance? The larger public?
  • Do the courts have any ethical duties to cultivate non-ideological jurisprudence?
  • Professional responsibilities faced when “excessive risk of default” is present
  • Cybersecurity policies: Understanding the ethical obligations for in-house counsel
  • FDCPA reform efforts and other ethical conundrums on the horizon

Speakers: Linda E. Fisher, Christopher L. Peterson



3:30 Adjourn

Chairperson(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)
Jane M. Azia ~ Bureau Chief, Bureau of Consumer Frauds and Protection , Office of the New York State Attorney General
Jennifer Bennett ~ Staff Attorney, Public Justice
Elizabeth J. Cabraser ~ Lieff Cabraser Heimann & Bernstein, LLP
Blythe Chandler ~ Terrell Marshall Law Group
Kelly T. Cochran (Invited) ~ Assistant Director, Office of Regulations, Bureau of Consumer Financial Protection (BCFP)
Kristen Donoghue (Invited) ~ Deputy Enforcement Director, Office of Enforcement , Bureau of Consumer Financial Protection (BCFP)
Duncan B. Douglass ~ Alston & Bird LLP
Joy Feigenbaum ~ Senior Vice President & Deputy General Counsel, Santander US
Stuart Feldstein ~ Director for Legislative and Regulatory Activities, Office of the Comptroller of the Currency (OCC)
Linda E. Fisher ~ Professor of Law, James B. Boskey Research Scholar, Seton Hall University School of Law
Deepak Gupta ~ Gupta Wessler PLLC
Travis J. Hill (Invited) ~ Senior Advisor to the Chairman, Federal Deposit Insurance Corporation (FDIC)
Deborah Hoffman ~ CEO & Founder, Symmetry Blockchain Advisors, Inc.
Patrick J. Ivie ~ Senior Executive Vice President, KCC LLC
Shennan A. Kavanagh ~ Deputy Chief of the Consumer Protection Division, Office of the Attorney General of Massachusetts
Katherine E. McCarron ~ Attorney, Bureau of Consumer Protection Division of Privacy and Identity Protection, Federal Trade Commission
Elizabeth L. McKeen ~ O'Melveny & Myers LLP
Malini Mithal ~ Acting Associate Director, Division of Financial Practices, Federal Trade Commission
Andre M. Mura ~ Gibbs Law Group LLP
Keith A. Noreika ~ Simpson Thacher & Bartlett LLP
Christopher L. Peterson ~ Director of Financial Services, Consumer Federation of America (Washington, DC), John J. Flynn Endowed Professor of Law, S.J. Quinney College of Law, University of Utah
Arjun P. Rao ~ Stroock & Stroock & Lavan LLP
Peggy L. Twohig ~ Assistant Director for Supervision Policy, Bureau of Consumer Financial Protection (BCFP)
Christopher J. Willis ~ Ballard Spahr LLP
Chi Chi Wu ~ Staff Attorney, National Consumer Law Center
Program Attorney(s)
Danielle B. Cohen ~ Senior Program Attorney, Practising Law Institute
New Jersey Groupcast Location

New Jersey Institute for Continuing Legal Education, One Constitution Square, New Brunswick, NJ 08901-1520. 732-249-5100.

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

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

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.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

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


Other Credit Types

CPE Credit (NASBA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as the “Group-Live” delivery method. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

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

2019 will mark the 24th year of this exceptional program, which is considered the premier consumer financial services CLE program in the country.

The leadership of the, BCFP, FTC, DOJ, FCC, OCC and federal banking agencies has changed under the Trump Administration.  While the priorities of those agencies have also changed, all of them are still very active in enforcing consumer financial services laws.  At the same time, state regulators and attorneys general have increased their enforcement activity to fill any void created by the decline in activity at the federal level.  The volume of private litigation, particularly under the TCPA and FCRA, has remained high.  We will bring you up to speed on what the regulators and enforcement agencies are focusing on now and the areas in which the risk of private litigation, including class actions, remains high.

We will also focus on regulatory and compliance issues that are implicated by new products and new methods of advertising, originating and servicing consumer financial products and services.  The improved economy, the deregulatory atmosphere at the Federal level, and the increase in technological innovation (including artificial intelligence, data aggregation and Blockchain) has resulted in new entrants into the consumer financial services industry and the offering of new products by existing players in the industry.  We will focus on how the panoply of federal and state laws applies to the broad range of consumer financial services, including mortgages; auto finance; credit, debit and prepaid cards; student loans; marketplace lending and fintech; payday, auto title and installment lending; and deposit accounts.  Join us and our esteemed faculty for an insightful review of the intersection between new technologies and new products and existing regulatory frameworks.

What You Will Learn

  • The new priorities at the BCFP, FTC, DOJ, FCC and OCC
  • The regulatory and enforcement initiatives of the state regulators and attorneys general
  • The latest wave of private litigation, including class actions, against banks and other consumer financial services companies
  • Regulatory and litigation priorities of consumer advocates next year
  • Continuing focus on debt collection, privacy and data security
  • Ethical issues that practitioners face in the consumer financial services industry

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.

 

Program Level: Overview

Intended Audience:   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.

Prerequisites: None.

Advanced Preparation: None.


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: 8:30 a.m. - 5:00 p.m.

8:30 Networking Breakfast (Networking Breakfast only available at NY live program)

9:00 Opening Remarks

9:15 Federal Regulators Speak (Part I)
  • General
    • Significance of leadership changes at BCFP, FTC, OCC and FDIC
    • Interactions among the federal agencies and with the state agencies
    • Constitutional challenges to the BCFP
    • Agency efforts to promote innovation
    • Handling of consumer complaints
  • Regulatory Developments
    • Final BCFP small-dollar lending rule and prepaid account rule
    • Proposed BCFP third-party debt collection rule
    • Proposed BCFP HMDA rule
    • BCFP Trial Disclosure Policy proposal
    • OCC FinTech charter and related developments at the FDIC
    • OCC proposal to revise Community Reinvestment Act regs
    • OCC small-dollar lending guidance and related FDIC developments
    • Update on Madden and “true lender” issues
    • Status of BCFP RFIs
  • Enforcement Developments
    • Important consent orders and enforcement litigation during the last year and priorities going forward
  • Supervisory Developments
    • Focus of examinations
    • Supervisory highlights
    • The thin line between consumer protection and safety and soundness

Speakers: Keith A. Noreika (Co-Moderator), Kelly T. Cochran (Invited), Kristen Donoghue (Invited), Stuart Feldstein, Travis J. Hill (Invited), Malini Mithal, Peggy L. Twohig



10:15 Networking Break

10:30 Federal Regulators Speak (Part II)
  • General
    • Significance of leadership changes at BCFP, FTC, OCC and FDIC
    • Interactions among the federal agencies and with the state agencies
    • Constitutional challenges to the BCFP
    • Agency efforts to promote innovation
    • Handling of consumer complaints
  • Regulatory Developments
    • Final BCFP small-dollar lending rule and prepaid account rule
    • Proposed BCFP third-party debt collection rule
    • Proposed BCFP HMDA rule
    • BCFP Trial Disclosure Policy proposal
    • OCC FinTech charter and related developments at the FDIC
    • OCC proposal to revise Community Reinvestment Act regs
    • OCC small-dollar lending guidance and related FDIC developments
    • Update on Madden and “true lender” issues
    • Status of BCFP RFIs
  • Enforcement Developments
    • Important consent orders and enforcement litigation during the last year and priorities going forward
  • Supervisory Developments
    • Focus of examinations
    • Supervisory highlights
    • The thin line between consumer protection and safety and soundness

Speakers: Keith A. Noreika (Co-Moderator), Kelly T. Cochran (Invited), Kristen Donoghue (Invited), Stuart Feldstein, Travis J. Hill (Invited), Malini Mithal, Peggy L. Twohig



11:45 Lunch

12:45 State Regulatory Activism Update
  • Increased coordination through multistate investigation/actions
  • Privacy issues
  • Automobile sales and finance
  • Student lending and servicing
  • Mortgage lending and servicing
  • Debt collection 

Speakers: Jane M. Azia, Shennan A. Kavanagh



1:45 Data Security and Privacy Issues
  • Equifax MDL update and other data breach trends 
  • Privacy policies – how are Google, Apple, and other “market makers” responding to the current landscape?
  • Smart TVs and smart home devices – do their data collection methods give rise to liability?
  • State and federal legislative and regulatory update
(IAPP Privacy credit for Privacy Professionals)

Speakers: Katherine E. McCarron, Andre M. Mura



2:45 Networking Break

3:00 Fair Credit Reporting Act/ Debt Collection Issues
  • Has the BCFP abandoned these fields?
  • Mortgage servicers debt collection/foreclosure practices
  • Discriminatory lending practices unleashed?
  • Explosion of the “IRS” collection calls targeting senior citizens
  • Cross-Pollination: what does the mountain of overdue and defaulted student debt do to the credit scores and fortunes of our kids?
  • FCRA’s new federal right for consumers to implement a security freeze

Speakers: Christopher J. Willis, Chi Chi Wu



4:00 The Rapidly Evolving Landscape for FinTech
  • The legal challenges facing users of aggregated data and providers of data
  • The use of Artificial Intelligence (AI)
  • The use of Blockchain, including virtual currency
  • The impact of privacy and data security laws
  • The legal challenges facing marketplace lenders
  • Treasury’s FinTech report
  • BCFP’s Office of Innovation and other sandboxes in the US

Speakers: Duncan B. Douglass, Deborah Hoffman



5:00 Adjourn

Day Two: 8:30 a.m. - 3:30 p.m.

8:30 Networking Breakfast (Networking Breakfast only available at NY live program)

9:00 What’s Trending Now:  Cutting Edge Consumer Financial Services Updates
  • Important consumer issues on the Supreme Court’s spring 2019 agenda
  • TCPA update: Litigation and regulatory trends
  • Developments in personal jurisdiction jurisprudence
  • Trump appointed judges and the enforcement of consumer laws
  • Best practices throughout the life cycle of consumer financial services products and services

Speakers: Jennifer Bennett, Blythe Chandler, Joy Feigenbaum, Arjun P. Rao



10:45 Consumer Advocates Speak
  • Preemption as a threat to state regulation of the consumer finance industry
  • Tribal lending – cracks in the armor?
  • Arbitration update
  • Student lending: DOE rules that restrict the “borrower defense” that a school closed or acted illegally

Speakers: Jennifer Bennett, Deepak Gupta, Andre M. Mura



11:45 Lunch

1:00 Class Actions and Litigation Update
  • Changes to class action standards through jurisprudence and legislation, including the impact of Rule 23 amendments
  • Updates on trending class certification issues
  • CAFA update, including update as to removal of class action counterclaims
  • Important settlement notice and administration considerations
  • Renewed attention to California’s Unfair Competition Law for “public” claims

Speakers: Elizabeth J. Cabraser, Patrick J. Ivie, Elizabeth L. McKeen



2:15 Networking Break

2:30 Ethical Issues Unique to the Consumer Space
  • Who is the client? Investors? Borrowers? Insurance? The larger public?
  • Do the courts have any ethical duties to cultivate non-ideological jurisprudence?
  • Professional responsibilities faced when “excessive risk of default” is present
  • Cybersecurity policies: Understanding the ethical obligations for in-house counsel
  • FDCPA reform efforts and other ethical conundrums on the horizon

Speakers: Linda E. Fisher, Christopher L. Peterson



3:30 Adjourn

Chairperson(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)
Jane M. Azia ~ Bureau Chief, Bureau of Consumer Frauds and Protection , Office of the New York State Attorney General
Jennifer Bennett ~ Staff Attorney, Public Justice
Elizabeth J. Cabraser ~ Lieff Cabraser Heimann & Bernstein, LLP
Blythe Chandler ~ Terrell Marshall Law Group
Kelly T. Cochran (Invited) ~ Assistant Director, Office of Regulations, Bureau of Consumer Financial Protection (BCFP)
Kristen Donoghue (Invited) ~ Deputy Enforcement Director, Office of Enforcement , Bureau of Consumer Financial Protection (BCFP)
Duncan B. Douglass ~ Alston & Bird LLP
Joy Feigenbaum ~ Senior Vice President & Deputy General Counsel, Santander US
Stuart Feldstein ~ Director for Legislative and Regulatory Activities, Office of the Comptroller of the Currency (OCC)
Linda E. Fisher ~ Professor of Law, James B. Boskey Research Scholar, Seton Hall University School of Law
Deepak Gupta ~ Gupta Wessler PLLC
Travis J. Hill (Invited) ~ Senior Advisor to the Chairman, Federal Deposit Insurance Corporation (FDIC)
Deborah Hoffman ~ CEO & Founder, Symmetry Blockchain Advisors, Inc.
Patrick J. Ivie ~ Senior Executive Vice President, KCC LLC
Shennan A. Kavanagh ~ Deputy Chief of the Consumer Protection Division, Office of the Attorney General of Massachusetts
Katherine E. McCarron ~ Attorney, Bureau of Consumer Protection Division of Privacy and Identity Protection, Federal Trade Commission
Elizabeth L. McKeen ~ O'Melveny & Myers LLP
Malini Mithal ~ Acting Associate Director, Division of Financial Practices, Federal Trade Commission
Andre M. Mura ~ Gibbs Law Group LLP
Keith A. Noreika ~ Simpson Thacher & Bartlett LLP
Christopher L. Peterson ~ Director of Financial Services, Consumer Federation of America (Washington, DC), John J. Flynn Endowed Professor of Law, S.J. Quinney College of Law, University of Utah
Arjun P. Rao ~ Stroock & Stroock & Lavan LLP
Peggy L. Twohig ~ Assistant Director for Supervision Policy, Bureau of Consumer Financial Protection (BCFP)
Christopher J. Willis ~ Ballard Spahr LLP
Chi Chi Wu ~ Staff Attorney, National Consumer Law Center
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:  All PLI products can fulfill Puerto Rico’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

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

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.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

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


Other Credit Types

CPE Credit (NASBA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as the “Group-Live” delivery method. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

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

2019 will mark the 24th year of this exceptional program, which is considered the premier consumer financial services CLE program in the country.

The leadership of the, BCFP, FTC, DOJ, FCC, OCC and federal banking agencies has changed under the Trump Administration.  While the priorities of those agencies have also changed, all of them are still very active in enforcing consumer financial services laws.  At the same time, state regulators and attorneys general have increased their enforcement activity to fill any void created by the decline in activity at the federal level.  The volume of private litigation, particularly under the TCPA and FCRA, has remained high.  We will bring you up to speed on what the regulators and enforcement agencies are focusing on now and the areas in which the risk of private litigation, including class actions, remains high.

We will also focus on regulatory and compliance issues that are implicated by new products and new methods of advertising, originating and servicing consumer financial products and services.  The improved economy, the deregulatory atmosphere at the Federal level, and the increase in technological innovation (including artificial intelligence, data aggregation and Blockchain) has resulted in new entrants into the consumer financial services industry and the offering of new products by existing players in the industry.  We will focus on how the panoply of federal and state laws applies to the broad range of consumer financial services, including mortgages; auto finance; credit, debit and prepaid cards; student loans; marketplace lending and fintech; payday, auto title and installment lending; and deposit accounts.  Join us and our esteemed faculty for an insightful review of the intersection between new technologies and new products and existing regulatory frameworks.

What You Will Learn

  • The new priorities at the BCFP, FTC, DOJ, FCC and OCC
  • The regulatory and enforcement initiatives of the state regulators and attorneys general
  • The latest wave of private litigation, including class actions, against banks and other consumer financial services companies
  • Regulatory and litigation priorities of consumer advocates next year
  • Continuing focus on debt collection, privacy and data security
  • Ethical issues that practitioners face in the consumer financial services industry

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.

 

Program Level: Overview

Intended Audience:   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.

Prerequisites: None.

Advanced Preparation: None.


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: 8:30 a.m. - 5:00 p.m.

8:30 Networking Breakfast (Networking Breakfast only available at NY live program)

9:00 Opening Remarks

9:15 Federal Regulators Speak (Part I)
  • General
    • Significance of leadership changes at BCFP, FTC, OCC and FDIC
    • Interactions among the federal agencies and with the state agencies
    • Constitutional challenges to the BCFP
    • Agency efforts to promote innovation
    • Handling of consumer complaints
  • Regulatory Developments
    • Final BCFP small-dollar lending rule and prepaid account rule
    • Proposed BCFP third-party debt collection rule
    • Proposed BCFP HMDA rule
    • BCFP Trial Disclosure Policy proposal
    • OCC FinTech charter and related developments at the FDIC
    • OCC proposal to revise Community Reinvestment Act regs
    • OCC small-dollar lending guidance and related FDIC developments
    • Update on Madden and “true lender” issues
    • Status of BCFP RFIs
  • Enforcement Developments
    • Important consent orders and enforcement litigation during the last year and priorities going forward
  • Supervisory Developments
    • Focus of examinations
    • Supervisory highlights
    • The thin line between consumer protection and safety and soundness

Speakers: Keith A. Noreika (Co-Moderator), Kelly T. Cochran (Invited), Kristen Donoghue (Invited), Stuart Feldstein, Travis J. Hill (Invited), Malini Mithal, Peggy L. Twohig



10:15 Networking Break

10:30 Federal Regulators Speak (Part II)
  • General
    • Significance of leadership changes at BCFP, FTC, OCC and FDIC
    • Interactions among the federal agencies and with the state agencies
    • Constitutional challenges to the BCFP
    • Agency efforts to promote innovation
    • Handling of consumer complaints
  • Regulatory Developments
    • Final BCFP small-dollar lending rule and prepaid account rule
    • Proposed BCFP third-party debt collection rule
    • Proposed BCFP HMDA rule
    • BCFP Trial Disclosure Policy proposal
    • OCC FinTech charter and related developments at the FDIC
    • OCC proposal to revise Community Reinvestment Act regs
    • OCC small-dollar lending guidance and related FDIC developments
    • Update on Madden and “true lender” issues
    • Status of BCFP RFIs
  • Enforcement Developments
    • Important consent orders and enforcement litigation during the last year and priorities going forward
  • Supervisory Developments
    • Focus of examinations
    • Supervisory highlights
    • The thin line between consumer protection and safety and soundness

Speakers: Keith A. Noreika (Co-Moderator), Kelly T. Cochran (Invited), Kristen Donoghue (Invited), Stuart Feldstein, Travis J. Hill (Invited), Malini Mithal, Peggy L. Twohig



11:45 Lunch

12:45 State Regulatory Activism Update
  • Increased coordination through multistate investigation/actions
  • Privacy issues
  • Automobile sales and finance
  • Student lending and servicing
  • Mortgage lending and servicing
  • Debt collection 

Speakers: Jane M. Azia, Shennan A. Kavanagh



1:45 Data Security and Privacy Issues
  • Equifax MDL update and other data breach trends 
  • Privacy policies – how are Google, Apple, and other “market makers” responding to the current landscape?
  • Smart TVs and smart home devices – do their data collection methods give rise to liability?
  • State and federal legislative and regulatory update
(IAPP Privacy credit for Privacy Professionals)

Speakers: Katherine E. McCarron, Andre M. Mura



2:45 Networking Break

3:00 Fair Credit Reporting Act/ Debt Collection Issues
  • Has the BCFP abandoned these fields?
  • Mortgage servicers debt collection/foreclosure practices
  • Discriminatory lending practices unleashed?
  • Explosion of the “IRS” collection calls targeting senior citizens
  • Cross-Pollination: what does the mountain of overdue and defaulted student debt do to the credit scores and fortunes of our kids?
  • FCRA’s new federal right for consumers to implement a security freeze

Speakers: Christopher J. Willis, Chi Chi Wu



4:00 The Rapidly Evolving Landscape for FinTech
  • The legal challenges facing users of aggregated data and providers of data
  • The use of Artificial Intelligence (AI)
  • The use of Blockchain, including virtual currency
  • The impact of privacy and data security laws
  • The legal challenges facing marketplace lenders
  • Treasury’s FinTech report
  • BCFP’s Office of Innovation and other sandboxes in the US

Speakers: Duncan B. Douglass, Deborah Hoffman



5:00 Adjourn

Day Two: 8:30 a.m. - 3:30 p.m.

8:30 Networking Breakfast (Networking Breakfast only available at NY live program)

9:00 What’s Trending Now:  Cutting Edge Consumer Financial Services Updates
  • Important consumer issues on the Supreme Court’s spring 2019 agenda
  • TCPA update: Litigation and regulatory trends
  • Developments in personal jurisdiction jurisprudence
  • Trump appointed judges and the enforcement of consumer laws
  • Best practices throughout the life cycle of consumer financial services products and services

Speakers: Jennifer Bennett, Blythe Chandler, Joy Feigenbaum, Arjun P. Rao



10:45 Consumer Advocates Speak
  • Preemption as a threat to state regulation of the consumer finance industry
  • Tribal lending – cracks in the armor?
  • Arbitration update
  • Student lending: DOE rules that restrict the “borrower defense” that a school closed or acted illegally

Speakers: Jennifer Bennett, Deepak Gupta, Andre M. Mura



11:45 Lunch

1:00 Class Actions and Litigation Update
  • Changes to class action standards through jurisprudence and legislation, including the impact of Rule 23 amendments
  • Updates on trending class certification issues
  • CAFA update, including update as to removal of class action counterclaims
  • Important settlement notice and administration considerations
  • Renewed attention to California’s Unfair Competition Law for “public” claims

Speakers: Elizabeth J. Cabraser, Patrick J. Ivie, Elizabeth L. McKeen



2:15 Networking Break

2:30 Ethical Issues Unique to the Consumer Space
  • Who is the client? Investors? Borrowers? Insurance? The larger public?
  • Do the courts have any ethical duties to cultivate non-ideological jurisprudence?
  • Professional responsibilities faced when “excessive risk of default” is present
  • Cybersecurity policies: Understanding the ethical obligations for in-house counsel
  • FDCPA reform efforts and other ethical conundrums on the horizon

Speakers: Linda E. Fisher, Christopher L. Peterson



3:30 Adjourn

Chairperson(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)
Jane M. Azia ~ Bureau Chief, Bureau of Consumer Frauds and Protection , Office of the New York State Attorney General
Jennifer Bennett ~ Staff Attorney, Public Justice
Elizabeth J. Cabraser ~ Lieff Cabraser Heimann & Bernstein, LLP
Blythe Chandler ~ Terrell Marshall Law Group
Kelly T. Cochran (Invited) ~ Assistant Director, Office of Regulations, Bureau of Consumer Financial Protection (BCFP)
Kristen Donoghue (Invited) ~ Deputy Enforcement Director, Office of Enforcement , Bureau of Consumer Financial Protection (BCFP)
Duncan B. Douglass ~ Alston & Bird LLP
Joy Feigenbaum ~ Senior Vice President & Deputy General Counsel, Santander US
Stuart Feldstein ~ Director for Legislative and Regulatory Activities, Office of the Comptroller of the Currency (OCC)
Linda E. Fisher ~ Professor of Law, James B. Boskey Research Scholar, Seton Hall University School of Law
Deepak Gupta ~ Gupta Wessler PLLC
Travis J. Hill (Invited) ~ Senior Advisor to the Chairman, Federal Deposit Insurance Corporation (FDIC)
Deborah Hoffman ~ CEO & Founder, Symmetry Blockchain Advisors, Inc.
Patrick J. Ivie ~ Senior Executive Vice President, KCC LLC
Shennan A. Kavanagh ~ Deputy Chief of the Consumer Protection Division, Office of the Attorney General of Massachusetts
Katherine E. McCarron ~ Attorney, Bureau of Consumer Protection Division of Privacy and Identity Protection, Federal Trade Commission
Elizabeth L. McKeen ~ O'Melveny & Myers LLP
Malini Mithal ~ Acting Associate Director, Division of Financial Practices, Federal Trade Commission
Andre M. Mura ~ Gibbs Law Group LLP
Keith A. Noreika ~ Simpson Thacher & Bartlett LLP
Christopher L. Peterson ~ Director of Financial Services, Consumer Federation of America (Washington, DC), John J. Flynn Endowed Professor of Law, S.J. Quinney College of Law, University of Utah
Arjun P. Rao ~ Stroock & Stroock & Lavan LLP
Peggy L. Twohig ~ Assistant Director for Supervision Policy, Bureau of Consumer Financial Protection (BCFP)
Christopher J. Willis ~ Ballard Spahr LLP
Chi Chi Wu ~ Staff Attorney, National Consumer Law Center
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:  All PLI products can fulfill Puerto Rico’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

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

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.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

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


Other Credit Types

CPE Credit (NASBA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as the “Group-Live” delivery method. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

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

2019 will mark the 24th year of this exceptional program, which is considered the premier consumer financial services CLE program in the country.

The leadership of the, BCFP, FTC, DOJ, FCC, OCC and federal banking agencies has changed under the Trump Administration.  While the priorities of those agencies have also changed, all of them are still very active in enforcing consumer financial services laws.  At the same time, state regulators and attorneys general have increased their enforcement activity to fill any void created by the decline in activity at the federal level.  The volume of private litigation, particularly under the TCPA and FCRA, has remained high.  We will bring you up to speed on what the regulators and enforcement agencies are focusing on now and the areas in which the risk of private litigation, including class actions, remains high.

We will also focus on regulatory and compliance issues that are implicated by new products and new methods of advertising, originating and servicing consumer financial products and services.  The improved economy, the deregulatory atmosphere at the Federal level, and the increase in technological innovation (including artificial intelligence, data aggregation and Blockchain) has resulted in new entrants into the consumer financial services industry and the offering of new products by existing players in the industry.  We will focus on how the panoply of federal and state laws applies to the broad range of consumer financial services, including mortgages; auto finance; credit, debit and prepaid cards; student loans; marketplace lending and fintech; payday, auto title and installment lending; and deposit accounts.  Join us and our esteemed faculty for an insightful review of the intersection between new technologies and new products and existing regulatory frameworks.

What You Will Learn

  • The new priorities at the BCFP, FTC, DOJ, FCC and OCC
  • The regulatory and enforcement initiatives of the state regulators and attorneys general
  • The latest wave of private litigation, including class actions, against banks and other consumer financial services companies
  • Regulatory and litigation priorities of consumer advocates next year
  • Continuing focus on debt collection, privacy and data security
  • Ethical issues that practitioners face in the consumer financial services industry

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.

 

Program Level: Overview

Intended Audience:   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.

Prerequisites: None.

Advanced Preparation: None.


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

9:15 Federal Regulators Speak (Part I)
  • General
    • Significance of leadership changes at BCFP, FTC, OCC and FDIC
    • Interactions among the federal agencies and with the state agencies
    • Constitutional challenges to the BCFP
    • Agency efforts to promote innovation
    • Handling of consumer complaints
  • Regulatory Developments
    • Final BCFP small-dollar lending rule and prepaid account rule
    • Proposed BCFP third-party debt collection rule
    • Proposed BCFP HMDA rule
    • BCFP Trial Disclosure Policy proposal
    • OCC FinTech charter and related developments at the FDIC
    • OCC proposal to revise Community Reinvestment Act regs
    • OCC small-dollar lending guidance and related FDIC developments
    • Update on Madden and “true lender” issues
    • Status of BCFP RFIs
  • Enforcement Developments
    • Important consent orders and enforcement litigation during the last year and priorities going forward
  • Supervisory Developments
    • Focus of examinations
    • Supervisory highlights
    • The thin line between consumer protection and safety and soundness

Speakers: Keith A. Noreika (Co-Moderator), Allison Brown, Kelly T. Cochran (Invited), Kristen Donoghue (Invited), Travis J. Hill (Invited), Malini Mithal



10:15 Networking Break

10:30 Federal Regulators Speak (Part II)
  • General
    • Significance of leadership changes at BCFP, FTC, OCC and FDIC
    • Interactions among the federal agencies and with the state agencies
    • Constitutional challenges to the BCFP
    • Agency efforts to promote innovation
    • Handling of consumer complaints
  • Regulatory Developments
    • Final BCFP small-dollar lending rule and prepaid account rule
    • Proposed BCFP third-party debt collection rule
    • Proposed BCFP HMDA rule
    • BCFP Trial Disclosure Policy proposal
    • OCC FinTech charter and related developments at the FDIC
    • OCC proposal to revise Community Reinvestment Act regs
    • OCC small-dollar lending guidance and related FDIC developments
    • Update on Madden and “true lender” issues
    • Status of BCFP RFIs
  • Enforcement Developments
    • Important consent orders and enforcement litigation during the last year and priorities going forward
  • Supervisory Developments
    • Focus of examinations
    • Supervisory highlights
    • The thin line between consumer protection and safety and soundness

Speakers: Keith A. Noreika (Co-Moderator), Allison Brown, Kelly T. Cochran (Invited), Kristen Donoghue (Invited), Travis J. Hill (Invited), Malini Mithal



11:45 Lunch

12:45 State Regulatory Activism Update
  • Increased coordination through multistate investigation/actions
  • Privacy issues
  • Automobile sales and finance
  • Student lending and servicing
  • Mortgage lending and servicing
  • Debt collection 

Speakers: Susan N. Ellis, Shennan A. Kavanagh, Shannon E. Smith



1:45 Data Security and Privacy Issues
  • Equifax MDL update and other data breach trends 
  • Privacy policies – how are Google, Apple, and other “market makers” responding to the current landscape?
  • Smart TVs and smart home devices – do their data collection methods give rise to liability?
  • State and federal legislative and regulatory update
(IAPP Privacy credit for Privacy Professionals)

Speakers: Jay Edelson, Katherine E. McCarron



2:45 Networking Break

3:00 Fair Credit Reporting Act/ Debt Collection Issues
  • Has the BCFP abandoned these fields?
  • Mortgage servicers debt collection/foreclosure practices
  • Discriminatory lending practices unleashed?
  • Explosion of the “IRS” collection calls targeting senior citizens
  • Cross-Pollination: what does the mountain of overdue and defaulted student debt do to the credit scores and fortunes of our kids?
  • FCRA’s new federal right for consumers to implement a security freeze

Speakers: E. Michelle Drake, David Seligman, Christopher J. Willis



4:00 The Rapidly Evolving Landscape for FinTech
  • The legal challenges facing users of aggregated data and providers of data
  • The use of Artificial Intelligence (AI)
  • The use of Blockchain, including virtual currency
  • The impact of privacy and data security laws
  • The legal challenges facing marketplace lenders
  • Treasury’s FinTech report
  • BCFP’s Office of Innovation and other sandboxes in the US

Speakers: Duncan B. Douglass, Joshua Ashley Klayman



5:00 Adjourn

Day Two: 9:00 a.m. - 3:30 p.m.

9:00 What’s Trending Now:  Cutting Edge Consumer Financial Services Updates
  • Important consumer issues on the Supreme Court’s spring 2019 agenda
  • TCPA update: Litigation and regulatory trends
  • Developments in personal jurisdiction jurisprudence
  • Trump appointed judges and the enforcement of consumer laws
  • Best practices throughout the life cycle of consumer financial services products and services

Speakers: Karla Gilbride, Amy E. Keller, Arjun P. Rao



10:45 Consumer Advocates Speak
  • Preemption as a threat to state regulation of the consumer finance industry
  • Tribal lending – cracks in the armor?
  • Arbitration update
  • Student lending: DOE rules that restrict the “borrower defense” that a school closed or acted illegally

Speakers: Stacy M. Bardo, Karla Gilbride, Matthew Wessler



11:45 Lunch

1:00 Class Actions and Litigation Update
  • Changes to class action standards through jurisprudence and legislation, including the impact of Rule 23 amendments
  • Updates on trending class certification issues
  • CAFA update, including update as to removal of class action counterclaims
  • Important settlement notice and administration considerations
  • Renewed attention to California’s Unfair Competition Law for “public” claims

Speakers: Elizabeth J. Cabraser, Patrick J. Ivie, Elizabeth L. McKeen



2:15 Networking Break

2:30 Ethical Issues Unique to the Consumer Space
  • Who is the client? Investors? Borrowers? Insurance? The larger public?
  • Do the courts have any ethical duties to cultivate non-ideological jurisprudence?
  • Professional responsibilities faced when “excessive risk of default” is present
  • Cybersecurity policies: Understanding the ethical obligations for in-house counsel
  • FDCPA reform efforts and other ethical conundrums on the horizon

Speakers: Anne P. Ray, Christopher L. Peterson 



3:30 Adjourn

Chairperson(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)
Stacy M. Bardo ~ Bardo Law P.C.
Allison Brown ~ Deputy Assistant Director for Servicing, Office of Supervision Policy, Bureau of Consumer Financial Protection (BCFP)
Elizabeth J. Cabraser ~ Lieff Cabraser Heimann & Bernstein, LLP
Kelly T. Cochran (Invited) ~ Assistant Director, Office of Regulations, Bureau of Consumer Financial Protection (BCFP)
Kristen Donoghue (Invited) ~ Deputy Enforcement Director, Office of Enforcement , Bureau of Consumer Financial Protection (BCFP)
Duncan B. Douglass ~ Alston & Bird LLP
E. Michelle Drake ~ Berger & Montague, P.C.
Jay Edelson ~ Edelson PC
Susan N. Ellis ~ Bureau Chief, Consumer Fraud Bureau, Illinois Attorney General
Karla Gilbride ~ Cartwright-Baron Staff Attorney, Public Justice
Travis J. Hill (Invited) ~ Senior Advisor to the Chairman, Federal Deposit Insurance Corporation (FDIC)
Patrick J. Ivie ~ Senior Executive Vice President, KCC LLC
Shennan A. Kavanagh ~ Deputy Chief of the Consumer Protection Division, Office of the Attorney General of Massachusetts
Amy E. Keller ~ DiCello Levitt & Casey LLC
Joshua Ashley Klayman ~ Klayman LLC
Katherine E. McCarron ~ Attorney, Bureau of Consumer Protection Division of Privacy and Identity Protection, Federal Trade Commission
Elizabeth L. McKeen ~ O'Melveny & Myers LLP
Malini Mithal ~ Acting Associate Director, Division of Financial Practices, Federal Trade Commission
Keith A. Noreika ~ Simpson Thacher & Bartlett LLP
Christopher L. Peterson ~ Director of Financial Services, Consumer Federation of America (Washington, DC), John J. Flynn Endowed Professor of Law, S.J. Quinney College of Law, University of Utah
Arjun P. Rao ~ Stroock & Stroock & Lavan LLP
Anne P. Ray ~ Senior Claims Examiner, Global Management Liability, Markel Corporation
David Seligman ~ Director, Towards Justice
Shannon E. Smith ~ Chief, Consumer Protection Division, Washington Attorney General's Office
Matthew Wessler ~ Gupta Wessler PLLC
Christopher J. Willis ~ Ballard Spahr LLP
Program Attorney(s)
Danielle B. Cohen ~ Senior Program Attorney, Practising Law Institute

Chicago Seminar Location and Hotel Accommodations

Hotel Allegro, 171 W. Randolph Street, Chicago, IL 60601. Hotel Direct: 312-236-0123.

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

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

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.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Dubai (CLPD-DUBAI):  PLI’s live seminars may fulfill CLPD credit requirements.

Other Credit Types

CPE Credit (NASBA): PLI’s live seminars qualify as the “Group-Live” delivery method. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

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

2019 will mark the 24th year of this exceptional program, which is considered the premier consumer financial services CLE program in the country.

The leadership of the, BCFP, FTC, DOJ, FCC, OCC and federal banking agencies has changed under the Trump Administration.  While the priorities of those agencies have also changed, all of them are still very active in enforcing consumer financial services laws.  At the same time, state regulators and attorneys general have increased their enforcement activity to fill any void created by the decline in activity at the federal level.  The volume of private litigation, particularly under the TCPA and FCRA, has remained high.  We will bring you up to speed on what the regulators and enforcement agencies are focusing on now and the areas in which the risk of private litigation, including class actions, remains high.

We will also focus on regulatory and compliance issues that are implicated by new products and new methods of advertising, originating and servicing consumer financial products and services.  The improved economy, the deregulatory atmosphere at the Federal level, and the increase in technological innovation (including artificial intelligence, data aggregation and Blockchain) has resulted in new entrants into the consumer financial services industry and the offering of new products by existing players in the industry.  We will focus on how the panoply of federal and state laws applies to the broad range of consumer financial services, including mortgages; auto finance; credit, debit and prepaid cards; student loans; marketplace lending and fintech; payday, auto title and installment lending; and deposit accounts.  Join us and our esteemed faculty for an insightful review of the intersection between new technologies and new products and existing regulatory frameworks.

What You Will Learn

  • The new priorities at the BCFP, FTC, DOJ, FCC and OCC
  • The regulatory and enforcement initiatives of the state regulators and attorneys general
  • The latest wave of private litigation, including class actions, against banks and other consumer financial services companies
  • Regulatory and litigation priorities of consumer advocates next year
  • Continuing focus on debt collection, privacy and data security
  • Ethical issues that practitioners face in the consumer financial services industry

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.

 

Program Level: Overview

Intended Audience:   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.

Prerequisites: None.

Advanced Preparation: None.


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.

Program Schedule To Come
Chairperson(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
Program Attorney(s)
Danielle B. Cohen ~ Senior Program Attorney, Practising Law Institute

San Francisco Seminar Location

PLI California Center, 685 Market Street, San Francisco, California 94105. (800) 260-4754.

San Francisco Hotel Accommodations

Park Central Hotel, 50 Third Street, San Francisco, CA 94103. 415-974-6400. When calling, please mention PLI and SET#287179. In addition, you may book online at Park Central Hotel PLI.

Omni Hotel San Francisco, 500 California Street, San Francisco, CA 94104. 415-677-9494.  When calling, please mention Practising Law Institute.  You may also book online at PLI Omni 2018.

Due to high demand we recommend reserving hotel rooms as early as possible.

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

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

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.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Dubai (CLPD-DUBAI):  PLI’s live seminars may fulfill CLPD credit requirements.

Other Credit Types

CPE Credit (NASBA): PLI’s live seminars qualify as the “Group-Live” delivery method. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

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

2019 will mark the 24th year of this exceptional program, which is considered the premier consumer financial services CLE program in the country.

The leadership of the, BCFP, FTC, DOJ, FCC, OCC and federal banking agencies has changed under the Trump Administration.  While the priorities of those agencies have also changed, all of them are still very active in enforcing consumer financial services laws.  At the same time, state regulators and attorneys general have increased their enforcement activity to fill any void created by the decline in activity at the federal level.  The volume of private litigation, particularly under the TCPA and FCRA, has remained high.  We will bring you up to speed on what the regulators and enforcement agencies are focusing on now and the areas in which the risk of private litigation, including class actions, remains high.

We will also focus on regulatory and compliance issues that are implicated by new products and new methods of advertising, originating and servicing consumer financial products and services.  The improved economy, the deregulatory atmosphere at the Federal level, and the increase in technological innovation (including artificial intelligence, data aggregation and Blockchain) has resulted in new entrants into the consumer financial services industry and the offering of new products by existing players in the industry.  We will focus on how the panoply of federal and state laws applies to the broad range of consumer financial services, including mortgages; auto finance; credit, debit and prepaid cards; student loans; marketplace lending and fintech; payday, auto title and installment lending; and deposit accounts.  Join us and our esteemed faculty for an insightful review of the intersection between new technologies and new products and existing regulatory frameworks.

What You Will Learn

  • The new priorities at the BCFP, FTC, DOJ, FCC and OCC
  • The regulatory and enforcement initiatives of the state regulators and attorneys general
  • The latest wave of private litigation, including class actions, against banks and other consumer financial services companies
  • Regulatory and litigation priorities of consumer advocates next year
  • Continuing focus on debt collection, privacy and data security
  • Ethical issues that practitioners face in the consumer financial services industry

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.

 

Program Level: Overview

Intended Audience:   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.

Prerequisites: None.

Advanced Preparation: None.


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.

Program Schedule To Come
Chairperson(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
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. Effective January 1, 2019, the limit of distance education per reporting period will increase from 9 to 18 credits.

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

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

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.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Dubai (CLPD-DUBAI):  PLI’s live webcasts may fulfill CLPD credit requirements.

Other Credit Types

CPE Credit (NASBA):  PLI’s live webcasts qualify as the “Group-Internet-Based” (GIB) delivery method. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

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.

 

Related Items

On-Demand  On-Demand Programs

23rd Annual Consumer Financial Services Institute Jul. 3, 2018
23rd Annual Consumer Financial Services Institute Apr. 2, 2018

Handbook  Course Handbook Archive

24th Annual Consumer Financial Services Institute  
23rd Annual Consumer Financial Services Institute Beth E. Terrell, Terrell Marshall Law Group
Alan S. Kaplinsky, Ballard Spahr LLP
John J. Roddy, Bailey & Glasser LLP
Julia B. Strickland, Stroock & Stroock & Lavan LLP
 
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