Pre-Conference Workshops

The annual Pre-Conference Workshops will be held prior to the start of the Annual Conference on Wednesday, February 5, 2014. There will be three educational tracks – a Certification track, a Debt Buyers track and an Attorney’s track. The Certification track will feature the Introductory Survey Course on Debt Buying which is required for debt buyer certification.

NOTE: Pre-Conference Workshop registration is separate from Annual Conference registration and does not include Tuesday evening’s opening reception.

Who Should Attend?

Attendees can earn credits toward DBA certification by attending the Pre-Conference sessions AND many of the programs during the main conference. The Introductory Survey Course on Debt Buying will focus on providing education for those seeking DBA certification or those interested in learning more about the industry, and is required for DBA certification.

Debt Buying Track
For those new to the industry, the speakers and sessions offered in this afternoon class will be critical to your success. For less-experienced executives seeking professional development, these sessions are a must!

* Attendees taking the full day Debt Buying Track have the option to attend the Certification Track - Introductory
  Survey Course in the morning and attend the Debt Buying Track afternoon sessions at the Full Day Debt
  Buying Track rate of $395.00.

Attorney Track
DBA will again be offering educational courses specifically for attorneys. Whether you serve as an in-house counsel, operate a collection law firm, or are an outside defense firm, you are invited to register for this track.

Pre-Conference Agenda

Wednesday, February 5, 2014

 7:00 – 8:00 am

 Pre-Conference Registration/Continental Breakfast
 (for Pre-Conference attendees only)

 8:00 – 10:25 am  Introductory Survey Course on Debt Buying (Required for DBA  certification)
 The course will cover the history of the industry, the life cycle of a debt, regulations,
 and collection issues and responsibilities including state licensing and consumer
 communications. It is designed to be a general overview of the industry to establish
 a base for best practices in debt buying.
 10:25 – 10:40 am  Refreshment Break
 10:40 am – 12:00 pm  Introductory Survey Course on Debt Buying (continued)
 12:00 – 1:00 pm  Pre-Conference Lunch

  Debt Buying Track Attorney Track
 8:00 – 9:00 am  Pre-Conference Registration/Continental Breakfast (cont.)
 9:00 – 11:00 am

Current Topics Program – The Debt Collection Drill Live
Speakers: John Rossman, Mike Poncin and Michael Bahner

The Debt Collection Drill podcast series is one of the most popular sources for information in the debt industry with thousands of downloads and an audience that spans the globe. Now being presented live for the very first time, this fast-paced and interactive session will feature Resurgent's in-house litigation counsel Michael Bahner as a special guest joining national defense attorneys John Rossman and Mike Poncin as they provide sage tips regarding calculation of interest on purchased accounts, out of statute paper, phone messages and often overlooked techniques for avoiding TCPA liability. Also, for the first time ever, DBA International will solicit your input before the convention for input on topics to be included. Let us know the topic you want this team to tackle. You will not want to miss this event!

 11:00 am –
 12:00 pm

It Seemed Like a Good Idea at the Time: Design of Compliance Processes and Law of Unintended Consequences.
Manny Newburger and Don Maurice

Every compliance “fix” carries with it the risk of creating new, unintended compliance defects. As banks push out compliance requirements to debt buyers, who in turn push out compliance requirements to their vendors, the risk of such unintended consequences increases dramatically. The presentation will address ways to minimize that risk and provide examples of the problem and suggested solutions.

Debt Collection Litigation:
Top 10 Ways to Lose a Trial.
Howard Weber and Ron Canter

This presentation will focus on the most common procedural and substantive defenses that can lead to a creditor’s failure to prove its debt at trial. The seminar will feature practical tips and strategies to avoid pitfalls in pursuing debt collection suits from the viewpoint of two experienced creditor rights attorneys who have a combined 60 plus years’ experience in representing creditors. The focus of this presentation will go through a step-by-step analysis of preparing a claim for suit, examination of the documentations supporting the claim, and the steps required for effective communications with the client in preparation for trial.

 12:00 – 1:00 pm Pre-Conference Lunch
 1:00 – 2:00 pm The Certification Audit Process … What to Expect During an On-Site Assessment.
Mike Cushing, Joseph Kirkpatrick, Anthony D'Elia and Patti Dunn

Now that your application has been approved as a certified Debt Buyer, what is required of you to get the third-party audit completed? In this session, we’ll join a few of the recently approved certification auditors in discussing what is going to be expected of your organization by the auditor in completion of your review. In addition, you will learn what information and documentation will need to be gathered prior to the auditor’s visit and what is to be expected while onsite. We will also discuss how you can to mitigate your audit costs by being well-prepared along with having the auditors available for your questions.

Vicarious Liability: Are Attorneys Finally Leading When Dancing the Client Two Step with Plaintiff’s Bar?
Keith Wier, June Coleman, and John McNamara

More and more, Plaintiff’s attorneys are pursing creditors and debt buyers for the actions of their collections attorneys. Several recent court decisions have held that creditors and/or debt buyers can be held vicariously liable for the actions of those attorneys. The theory for finding this indirect liability against creditors or debt byers is that these entities did not exercise the necessary control over the actions of their attorneys or that they somehow ratified or consented to inappropriate contact by the attorneys. However, some courts have held that even creditors can be held liable under the Fair Debt Collection Practices Act as a matter of course. This session will provide up to date information regarding the state of the law as to vicarious liability and discuss anticipated trends given CFPB standards.

 2:00 – 3:00 pm Controlling and Closing Consumer Complaints in the New Age of the CFPB.
Rozanne Andersen, April Lindauer, David Cotter, and Robert Engilman

In July 2013 the CFPB launched its consumer complaint web portal and consumers have responded. Knowing how to manage complaints and remediate noncompliant behaviors is critical to your organization’s success. Attend this session and learn how local, regional, and national debt buyers have successfully implemented complaint management systems that improve performance, ensure compliant behavior, and foster positive relationships with consumers. Key topics covered include: year-to-date report on the number and nature of CFPB-generated complaints; practical, scalable, tried and tested complaint management models; importance of connecting complaints to collector compensation; tips to improve the quality of your responses and lessons learned – mistakes to avoid.

An In-House Perspective on Litigation Trends.
Tomio Narita, Chris Lagow, Penny Shemtob, Joann Needleman, and Trudy Weiss-Craig

Consumer lawsuits against debt buyers have continued to mushroom, and consumer attorneys are moving beyond the FDCPA and are bringing more cases under the TCPA and other federal and state consumer protection laws. This panel of experienced in house counsel from major debt buyers will share their observations on litigation trends and strategies they have used to navigate the minefields of consumer litigation. The panelists are joined by defense attorneys who regularly handle litigation filed against debt buyers.

 3:00 – 4:00 pm Policies & Procedures –
Establishing Written Baseline Standards for Your Company.

Speaker: Mark Naiman, Gary Baker and Glenn Vician

An evaluation of some common Policies & Procedures templates that can be utilized and updated for specific debt buyer company implementation. Examples of baseline policies include, Clean Desk Policy, Premises Security, Password Policies, Document / Equipment Destruction policies, DR/BDR policy. Further discussion will focus on “How” these policies can be easily created for many of the daily activities at the respective companies, with discussion revolving around overcoming obstacles commonly faced when creating these policies.

Ethics and Debt Buying.
Speakers: Don Maurice and Stacey Schacter

This presentation will explore professional ethics issues unique to collection attorneys such as responding to Consumer Financial Protection Bureau CIDs, conflicts of interest and the supervision of non-attorneys and appearance attorneys. The presentation will also discuss developments in the ABA’s Model Rules of Professional Conduct impacting technology, confidentiality, electronic information, the use of technology in a collection practice and supervision of providers of outsourced services.

 4:00 – 4:30 pm Closing Comments

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