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Third Annual National Institute on Consumer Financial Services Basics

October 8-9, 2012American UniversityWashington, DC

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Third Annual National Institute on Consumer Financial Services Basics

Visit www.ambar.org/2012consumer to register.

Earn up to 12.75 CLE Credits

Presented byBusiness Law Section Committee on Consumer Financial ServicesAmerican University, Washington, DC

ABA CLE National Institutes bring you face-to-face with nationally recognized experts on substantive topics — often while fulfilling most of your annual CLE requirements.

October 8-9, 2012American UniversityWashington, DC

Facing the most comprehensive revision of federal consumer financial services (CFS) law in 75 years, even experienced consumer finance lawyers might feel it is time to get back in the classroom. This live meeting is designed to expose practitioners to key areas of consumer financial services law, whether you need a primer or a refresher.

It is time to take a step back and think through some of these complex issues with a faculty that combines decades of practical experience with law school analysis. The classroom approach is used to review the background, assess the current policy factors, step into the shoes of regulators, and develop an approach that can be used to interpret and evaluate the scores of laws and regulations that affect your clients.

Program Focus This program will explain each of the major sources of regulation of consumer financial products in the context of the regulatory techniques and policies that are the common threads in a complex pattern, including:

Who Should Attend The learning curve for private practitioners, in-house lawyers and government attorneys to understand the basics and changes to CFS law is very steep. This program is a great way to jump up that curve for:

• Price regulation and federal preemption of state price limitations

• Truth in lending and disclosure requirements• Marketing, advertising and unfair or

deceptive conduct• Account servicing and collections• Regulating the “fairness” of financial

institution conduct

• Data security, fraud prevention and identity protection

• Consumer reporting: FCRA & FACT Act• Fair lending and fair access to

financial services• Remedies: regulators and private plaintiffs• Regulatory and legislative priorities for 2012

and beyond

• Private practitioners with 1-10 years of experience who focus on CFS products or providers

• In-house counsel at financial institutions and non-bank lenders

• Government attorneys in financial practices regulatory agencies

• Compliance officers (who may be, but need not be, attorneys)

Richard P. HackettAssistant Director, Liquidity and Installment MarketsConsumer Financial Protection BureauWashington, DC

Donald C. LampePartnerDykema Gossett, PLLCCharlotte, NC

Ken MarkisonAssociate Vice President and Regulatory CounselMortgage Bankers AssociationWashington, DC

Maneesha MithalAssociate Director, Privacy and Identity ProtectionFederal Trade CommissionWashington, DC

Jeffrey NaimonPartnerBuckleySandler LLPWashington, DC

Laurence E. PlattPartnerK&L Gates LLPWashington, DC

Tony RodriguezAttorney, Privacy and Identity ProtectionFederal Trade CommissionWashington, DC

Ralph RohnerProfessor of LawColumbus School of Law of The Catholic University of AmericaWashington, DC

Lynne B. BarrPartnerGoodwin Procter LLPBoston, MA

James L. BrownProfessor EmeritusUniversity of Wisconsin-MilwaukeeMilwaukee, WI

Leonard N. ChaninMorrison & Foerster LLP Washington, DC

Katrina ChristakisPartnerGrady Pilgrim Christakis Bell LLPChicago, IL

Patrice Ficklin (invited)Assistant Director, Fair LendingConsumer Financial Protection BureauWashington, DC

L. Richard FischerPartnerMorrison & Foerster LLPWashington, DC

Therese G. FranzenPartnerFranzen & SalzanoNorcross, GA

Michael GoodmanPartnerHudson Cook, LLPWashington, DC

* Planning Committee Faculty subject to change without notice.

Agnes Bundy ScanlanSenior AdvisorTreliant Risk AdvisorsWashington, DC

Nina SimonDirector of LitigationCenter for Responsible LendingWashington, DC

Andrew M. SmithPartnerMorrison & Foerster LLPWashington, DC

Peggy TwohigAssistant Director, Non-Bank SupervisionConsumer Financial Protection BureauWashington, DC

David Vladeck Director, Bureau of Consumer ProtectionFederal Trade Commission Washington, DC

Joel WinstonPartnerHudson Cook, LLPWashington, DC

Bethany ZorcCounselU.S. Senate Committee on Banking, Housing, and Urban AffairsWashington, DC

Rates and Faculty

Register Now and Save!

Fees do not include travel or lodging.

Save up to $180 when you register before 8/13

$1,395

$1,295

$1,095

$945

Advance Rate Effective Aug. 13

Standard Rate Effective Sept. 10

$1,495

$1,395

$1,195

$995

Early Bird Rate

$1,295

$1,195

$995

$895

General Public

ABA Members

Business Law Section Members

Government Lawyers/Employees

Our faculty will include representatives of the Consumer Financial Protection Bureau, Federal Trade Commission, consumer advocacy organizations, and academia as well as prominent industry lawyers:

Agenda subject to change without notice.

Agenda – Day One: October 8, 2012

7:00a.m. Registration

8:00a.m. Introduction Presented by: Jim Brown, University of Wisconsin, Milwaukee, WI Andrew Smith, Morrison & Foerster LLP, Washington, DC

Welcome Presented by: Dean Claudio M. Grossman, American University, Washington College of Law, Washington DC

8:15a.m. – 9:30a.m. History and Development of Federal and State Consumer Financial Services Regulatory Framework

Presented by: Jim Brown, University of Wisconsin, Milwaukee, WI Ralph Rohner, Columbus School of Law of The Catholic University of America, Washington, DC Presenters will discuss the evolution of consumer financial service law, the purpose of regulation, the major

statutes, regulators, products, and resources available.

9:30a.m. – 10:30a.m. Data Security, Fraud Prevention and Identity Protection Presented by: L. Richard Fischer, Morrison & Foerster LLP, Washington, DC Maneesha Mithal, Federal Trade Commission, Washington, DC Presenters will discuss federal and state laws requiring financial institutions to safeguard consumer information;

laws and rules designed to prevent, detect and mitigate identity theft and other types of fraud; and the impact of data security breaches on the financial services industry.

10:30a.m. – 10:45a.m. Break

10:45a.m – 11:45a.m. Financial Privacy and Credit Reporting Presented by: Tony Rodriguez, Federal Trade Commission, Washington, DC Andrew Smith, Morrison & Foerster LLP, Washington, DC Presenters will address key restrictions on the use and disclosure of consumer financial information, including the

Gramm-Leach-Bliley Act’s privacy provisions, the California Financial Information Privacy Act, and the Affiliate Marketing Rule. They also will discuss the basis and purpose of the Fair Credit Report Act and the regulation of consumer reporting agencies, users of consumer report information, and furnishers of consumer report information.

11:45a.m. – 1:15p.m. Luncheon with Faculty and Guest Speaker Speaker: David Vladeck, Director, Bureau of Consumer Protection, Federal Trade Commission, Washington, DC

1:15p.m. – 2:45p.m. Truth-In-Lending Presented by: Leonard Chanin, Morrison & Foerster LLP, Washington, DC Laurence E. Platt, K&L Gates LLP, Washington, DC Presenters will address primary consumer financial services statutes and regulations intended to increase

consumer knowledge through disclosure, the features of these disclosure regimes, and the future of disclosure as a regulatory technique.

2:45p.m. – 3:00p.m. Break

3:00p.m. – 4:00p.m. Advertising, Marketing & Sales Practices: TSR, TCPA, CAN-SPAM, UDAAP Presented by: Michael Goodman, Hudson Cook, LLP, Washington, DC Joel Winston, Hudson Cook, LLP, Washington, DC Presenters will address key restrictions on telephone and email marketing, as well as general prohibitions on

unfair and deceptive conduct, and how these regulations affect companies that offer financial products and services. Presenters also will discuss the new “abusive conduct” standard, and how that might be implemented by financial regulators to regulate marketing and sales in the future.

4:00p.m. – 4:15p.m. Break

4:15p.m. – 5:30p.m. Servicing and Collections: FDCPA, SCRA, Mortgage Issues, More UDAAP Presented by: Katrina Christakis, Grady Pilgrim Christakis Bell LLP, Chicago, IL Donald C. Lampe, Dykema Gossett PLLC, Charlotte, NC Presenters will discuss the regulation of account servicing, including the service members civil relief act and

servicing practices that have been found to be “unfair,” with a special focus on the issues presented by mortgage servicing. Presenters also will discuss the federal and state regulation of third-party debt collectors, and the potential future regulation of “abusive” servicing and collections practices.

5:30p.m. Reception

8:00a.m. – 9:00a.m. State Regulation of Financial Institutions and Preemption of State Laws Presented by: Richard P. Hackett, Deputy Assistant Director, Consumer Financial Protection Bureau, Washington, DC Presenter will review federal preemption doctrines, the preemption policy debate in favor of and against a

national standard, the pre-CFPB rules governing preemption, and Dodd-Frank substantive and procedural rules on preemption.

9:00a.m. – 10:15a.m. Fair Lending Presented by: Patrice Ficklin, Consumer Financial Protection Bureau, Washington, DC Jeffrey Naimon, Buckley Sandler LLP, Washington, DC Presenters will discuss credit discrimination, reviewing the Equal Credit Opportunity Act, Fair Housing Act,

Community Reinvestment, and the Home Mortgage Disclosure Act. As part of this discussion, presenters will address credit evaluations systems, and the costs and benefits of regulating access to credit.

10:15a.m. – 10:30a.m. Break

10:30a.m. – 11:30a.m. Asset Accounts: Payments, Regulation E, Prepaid Cards Presented by: Lynne Barr, Goodwin Procter LLP, Boston, MA Agnes Bundy Scanlan, Treliant Risk Advisors, Washington, DC Presenters will discuss payment systems and deposit products, including electronic payments, funds availability

and stored value. Presenters will address new developments and possible future regulation of general purpose reloadable prepaid cards.

11:30a.m. – 1:00p.m. Lunch

1:00p.m. – 2:15p.m. Remedies and Consumer Financial Services Litigation: Administrative, Private and ADR Presented by: Therese G. Franzen, Franzen & Salzano, Norcross, GA Nina Simon, Director of Litigation, Center for Responsible Lending, Washington, DC Presenters will review consumer financial services litigation remedies, dispute resolution systems, and

enforcement actions under federal and state law, exploring recent trends in individual and class actions.

2:15p.m. – 3:30p.m. What to Expect: Regulatory Priorities, Congressional Priorities Presented by: Ken Markison, Mortgage Bankers Association, Washington, DC Peggy Twohig, Consumer Financial Protection Bureau, Washington, DC Bethany Zorc, Senate Banking Committee, Washington, DC Presenters will review possible future priorities of financial regulators and Congress, including mortgage

origination and servicing reforms, credit cards, prepaid cards, and overdraft protection. Presenters also will discuss supervision, rulemaking and enforcement policy, and the manner in which financial regulators are likely to operate in the future.

3:30p.m. Adjourn

Agenda subject to change without notice.

Agenda – Day Two: October 9, 2012

Step 1: Rates and Course Materials

$1,395

$1,295

$1,095

$945

Advance Rate Effective Aug. 13

Standard Rate Effective Sept. 10

$1,495

$1,395

$1,195

$995

Early Bird Rate

$1,295

$1,195

$995

$895

q I qualify for a $50/person group discount. Enter your $50 discount on line 2B. To qualify for a group discount, three or more people must register together. Please call us to register your group or send all registrations in the same envelope. Not applicable to government rate.

Section Membership q Enroll me in the Business Law Section for $60. Enter your $60 enrollment on line 2C.

Course Materials * Electronic course materials are provided on-site as part of your registration. Printed course materials are available on-site for an additional fee. q Please provide printed course materials on-site for $50. Enter your $50 fee on line 2D.

Step 2: Your Total Due Amount

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Three or More People Registering (from Step 1) 2B $ _________________ ($50/person discount. Applicants must register together to receive discount)

ABA Business Law Section Membership Enrollment (from Step 1) 2C $ _________________

Printed Course Materials (from Step 1) 2D $ _________________

Total $ _________________

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* If you cannot attend, but would like to order the Course Materials, please visit us at www.ambar.org/2012consumer or call (800) 285-2221 for pricing and availability. Course materials will be shipped after the event.

General Public

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MCLEABA programs ordinarily receive CLE credit in AK, AL, AR, AZ, CA, CO, DE, FL, GA, GU, HI, IA, ID, IL, IN, KS, KY, LA, ME, MN, MS, MO, MT, NH, NM, NV, NY, NC, ND, OH, OK, OR, PA, RI, SC, TN, TX, UT, VT, VA, VI, WA, WI, WV, and WY. These states sometimes do not approve a program for credit before the program occurs. This course is expected to qualify for 12.75 CLE credit hours in 60-minute-hour states, and 15.3 credit hours in 50-minute-hour states. This transitional program is approved for both newly admitted and experienced attorneys in NY and is expected to qualify for 14.0 CLE credit hours in NY. For more information about CLE accreditation in your state, visit www.ambar.org/2012consumer.

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AttireBusiness casual attire is appropriate for all activities.

CancellationsCancellations received five business days or more before the program will receive a full refund, less a $50 cancellation fee. No refunds will be provided for cancellations after that date; however, substitute registrants are welcome at any time. To cancel your registration or substitute another individual, please call the ABA at (800) 285-2221 or fax your request to (312) 988-5850. Registrants who do not cancel within the allotted time period and who do not attend the program will receive a copy of the program course materials after program completion.

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