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Spring 2012 Educational Sessions

NARCA 2012 Spring Collection Conference

Educational Sessions

Wednesday, May 16, 2012
   
8:00 AM - 11:00 AM NARCA Board of Directors Meeting
(Open to all NARCA members)
2:00 PM - 11:00 PM Registration Desk Open
9:00 PM - 11:00 PM Welcome Reception
Sponsored by The Defense Bar
   
Thursday, May 17, 2012 Client Day
   
7:00 AM - 8:00 PM Registration Desk Open
7:30 AM - 6:00 PM NARCA Client Day Schedule

NARCA is pleased to provide meeting space to "clients" of NARCA members.  These meetings bring the client's attorneys together for the purpose of information sharing and education.  Some meetings are open to all attendees, but most of the meetings are by invitation only.  NARCA Spring (Full) Collection Conference registration is required for entrance to all meetings. The schedule below will be updated as meetings are scheduled.

8:10 AM - 8:40 AM Discover Card (closed meeting)
8:50 AM - 9:20 AM NCO (closed meeting)
9:30 AM - 10:00 AM CAPPS (closed meeting)

10:00 AM - 11:00 AM

To Record or Not to Record: The Benefits, The Laws, Compliance Issues and Defense Strategies

Approximately 14 states have recording/monitoring act statutes which require dual consent in order to allow one party to record a call of another party.  Litigation regarding recording act claims is in vogue.  The consumer's bar is constantly looking for claims and causes of action independent of the FDCPA against the debt collection industry.  Recording act claims against debt collectors have been filed as individual and class actions.  Damages under the relevant statutes vary, and in some instances, can be catastrophic.  Many collection agencies throughout the United States use recording equipment to record calls between the collection agency and the called party.  Confusion regarding recording exists and is exacerbated by the fact that states that have recording statutes have different laws regarding consent, notice (timing and type) and compliance.

Speakers:
David Kaminski, Carlson & Messer LLP
June Coleman, Kronick Moskovitz Tiedemann & Girard

10:00 AM - 11:00 AM YGC User Meeting
10:10 AM - 10:40 AM Harvest Strategy (closed meeting)
10:50 AM - 11:20 AM Capital One (closed meeting)
11:30 AM - 12:00 PM Portfolio Recovery Associates, LLC (Closed Meeting)
12:10 PM - 12:50 PM ARSI (closed meeting)
1:00 PM - 1:30 PM Asset Acceptance (closed meeting)
1:40 PM - 2:10 PM TrakAmerica (closed meeting)

2:00 PM - 3:00 PM

When Debtors Attack: Special Issues on Handling Counter-Claims, 3rd Party Claims and Ancillary Claims

The filing of a debt collection complaint can lead to novel, but potentially dangerous claims for both debt collection attorneys and their clients. The West Virginia Consumer Credit Protection Act can provide for statutory damages in excess of $4,000, per violation. In Pennsylvania, collection lawsuits are being met with claims under the Dragonetti Act, seeking actual and punitive damages from both the client and counsel, arising from litigation activity. In Illinois, suits reduced to judgment years ago are forming the basis for new claims under LVNV Funding v. Trice. And, claims are being made that a collection lawsuit or an affidavit used in it are a violation of state law or the FDCPA. This panel will explore these trends and how they are being addressed, including those issues which can cause conflicts between the attorney and client when defending these claims.

Speakers:
Jay Arceneaux, Lewis, Glasser, Casey & Rollins, PLLC
John Bedard, The Bedard Law Group, P.C.
Don Maurice, Maurice & Needleman, P.C.
David Schultz, Hinshaw & Culbertson LLP

2:20 PM - 2:50 PM Credigy  (closed meeting)
3:00 PM - 3:30 PM Cavalry Portfolio Services (closed meeting)
3:40 PM - 4:10 PM Midland Credit Management(closed meeting)
4:20 PM - 4:50 PM Resurgent Capital Services(closed meeting)
5:00 PM - 5:30 PM American Alliance of Creditor Attorneys (AACA) (closed meeting)
5:00 PM - 6:30 PM JST User Meeting
5:30 PM - 6:30 PM HubNet Users Meeting
6:00 PM - 7:00 PM Professional Women in the Collection Industry (PWCI) Reception
6:30 PM - 7:00 PM Conference First Time Attendee and New NARCA Member Session

Attending any conference for the first time can be intimidating for some, so this session is designed to introduce you to the NARCA organization, NARCA leadership, and other first time attendees.

7:00 PM - 8:30 PM

Conference Opening Reception in the Exhibit Hall The NARCA exhibits are as much a part of the educational experience as the sessions.

This Opening Reception is in the exhibit hall as it provides the opportunity for everyone to get reacquainted and to visit with those who provide services and materials to the field of legal collections.

   
Friday, May 18, 2012 Education Day 1
   
7:00 AM - 8:30 PM Registration Desk Open
7:00 AM - 6:00 PM Exhibit Hall Open
7:00 AM - 8:00 AM Breakfast with the Exhibitors

Sponsored by JJL Process Corp.
The NARCA exhibits are as much a part of the educational experience as the sessions.  Take this time to visit with the exhibitors to learn of ways to be more efficient in your law practice.

8:00 AM - 8:45 AM NARCA Business Meeting
8:45 AM - 10:00 AM Keynote Session

Invited Speaker:
Richard Cordray, Director  Consumer Financial Protection Bureau

9:00 AM - 4:40 PM

Collection/Operations Manager Track

9:00 - 9:10 AM Opening Remarks
9:10 - 10:40 AM

Billion Dollar Decisions: Protecting your Client’s Brand

Compliance is the "hot" topic in the industry with a "new normal" being set by regulators, courts and creditors. This session will provide attendees with take away policies and procedures that enhance their ability to manage the heightened expectations of clients as it relates to compliance.

Speakers:
Kenneth Wake, Blatt, Hasenmiller, Leibsker & Moore, LLC
Donald Maurice, Maurice & Needleman, P.C.

10:40 - 11:00 AM Break
11:00 - 11:50 AM

Tactics to Implement White Glove Client Service

Client placement volume is shrinking and the legal collection industry has become more competitive than ever. "White Glove Customer Service" is vital to keeping your clients happy! In this session we will discuss hot topics like general inventory control, judgment portfolio sales from one client to another, managing processes by exception, working accounts with answers filed, fulfilling rush requests, PIF and SIF coding, and other account closure techniques.

Speaker:
Valerie Strawbridge, Machol & Johannes, LLC

12:00 - 1:00 PM Lunch
1:00 - 1:50 PM

No Rotten Apples: Rightful Terminations Made (Not Easy, But Possible)

You know them well: "marginal" employees - every company has them. They resist accountability. They drag down morale and reduce productivity. They require lots of administrative time. You should never have to "settle for less" than an employee who wants to do their best. Don't accept the substandard performance of marginal employees in a tough economy - or at any time. An experienced employment trial attorney and corporate advisor will discuss the tools to make the changes you need in this litigious environment. You'll learn how to: identify the true "marginal" employees; avoid key mistakes in discipline and termination; deal with process challenges presented by disability laws, workers compensation and discrimination laws; craft practical policies and understand what "at-will" really means. The change isn't always easy - but consider the "rotten apple" alternative.

Speaker:
Clint Robison, Hinshaw & Culbertson, LLP

1:50 - 2:40 PM

Become More Profitable Through Inventory Management

Learn the skills to improve workflow queue management and diary calendaring procedures; technology tools including barcoding, scanning, and basic scoring models; the benefits of departmentalizing and cross training staff to manage business cycle fluctuations, and insight into the benefit of an outsourcing model including 24 hour on-shore/off-shore operation, just-in-time delivery of legal documents, and focused account management with existing staff.

Speaker:
Tamara Girling, Roosen, Varchetti & Olivier, PLLC

2:40 - 2:55  PM Break
2:55 - 3:45 PM

Become a Data Junkie using Metrics and Reporting Tools

Attendees will learn how Excel can revolutionize their reports and metrics; what metrics truly measure the performance they want more of to be successful; how to tie metrics to performance; how to develop an internal SOP using the metrics from your clients (or your internal standards); how to build an audit schedule that is effective and useful; what best practices other firms use; and much more!

Speaker:
Jay Keckhafer, Gurstel Chargo, P.A.
Ryan Westre, Gurstel Chargo, P.A.

3:45 - 4:35 PM

Client Panel Discussion of Audit Preparedness

Client audits are more frequent and more thorough than ever before. Hear from a panel of client managers about how you can become better prepared for audits. This will also be your chance to pose questions to your clients about specific directives.

Speakers:
Tina Thomas, Asset Acceptance
Missy Massey, Portfolio Recovery Associates
Panelist TBD, TRAKAmerica

4:35 - 4:40 PM Closing Remarks
10:00 AM - 10:30 AM Morning Break in the Exhibit Hall

10:30 AM - 11:30 AM

Perspectives on Power: Consumer Financial Protection Bureau Takes on Debt Collection

Speaker:
Donald C. Lampe, Dykema

11:30 AM - 12:30 PM

Vicarious Liability: Where are the Limits?

Consumer attorneys are constantly seeking to expand the pool of FDCPA targets using principles of vicarious liability.  But what are the limits? Are law firms and their owners always liable for the conduct of their employees?  Are they liable for the vendors they hire?  When will the client be vicariously liable for the law firm's conduct?  Which entity's net worth should be considered in class action cases, the agent or the principal's?  What law applies-federal or state?  Under what circumstances can a plaintiff pierce the corporate veil?  Attendees at this session will learn valuable information for assessing, preventing and defending vicarious liability claims.

Speakers:
Tomio B. Narita, Simmonds & Narita LLP
Manuel Newburger, Barron, Newburger and Sinsley, PLLC.
Joseph Messer, Messer & Stilp, Ltd.

12:30 PM - 1:30 PM Lunch in the Exhibit Hall

1:30 PM - 2:30 PM

Cutting Edge Developments in Collections Technology: 1) Cloud Computing and 2) Call Recording Integration

Creditors and debt buyers are requiring law firms to provide more debtor account security and tracking mechanisms than ever before while requiring strict business continuity policies and procedures. This session will help you better understand the risks and rewards for implementing various aspects of Cloud Computing in your law firm when the timing is right.

Speaker:
Mitch Hungerpiller, Mitchell-Wayne Technologies
 

Call Recording Technologies and Integration for Collection Law Firms will demonstrate the many benefits of the latest call recording technologies as it applies to today’s  debt collection law firms.

Speakers:
Nicholas Arcaro, CLS, Inc.
Stevan Goldman, CLS, Inc.

2:30 PM - 3:30 PM

Recent Issues that Creditor-Rights Attorneys Should be Aware of Today

This session consists of two cutting-edge presentations in one hour. A practical hands-on discussion on the Use and Admission of Records in Collection Cases

Speakers:
Karen Jones, Evans and Dixon, LLC
Christopher Durso, Evans and Dixon, LLC

A relevant debate on Multijurisdictional Practice, Unauthorized Practice of Law, and Cross-Border Contacts. Both 30 minute presentations will be enlightening and relevant to those practicing law in 2012 and beyond.

Speakers:
Boyd Gentry, Law Office of Boyd W.Gentry, LLC
John Rossman, Moss-Barnett

3:30 PM - 4:00 PM Refreshment Break in the Exhibit Hall

4:00 PM - 5:00 PM

Deep Dive: Debt Collection Litigation, Trends & Statistics

This presentation will take a look at compliance from a new perspective. The panel will offer a multimedia presentation on the trends and statistics of debt collection litigation.

Speakers;
Tim Collins, Hyundai Capital America
Mike Frost, The CBE Group, Inc.

To Record or Not to Record: The Benefits, the Laws, Compliance Issues and Defense Strategies.

Approximately 14 states have recording/monitoring act statutes which require dual consent in order to allow one party to record a call of another party. Litigation regarding recording act claims is in vogue. The consumer’s bar is constantly looking for claims and causes of action independent of the FDCPA against the debt collection industry. Recording act claims against debt collectors have been filed as individual and class actions. Damages under the relevant statutes vary, and in some instances, can be catastrophic. Many collection agencies throughout the United States use recording equipment to record calls between the collection agency and the called party. Confusion regarding recording exists and is exacerbated by the fact that states that have recording statutes have different laws regarding consent, notice (timing and type) and compliance.

Speaker:
David Kaminski, Carlson & Messer LLP

5:00 PM - 6:00 PM Happy Hour with the Exhibitors

This is your final opportunity to visit with exhibitors who provide goods and services that support the legal collection industry

Exhibit Hall closes at 6:00 PM

7:00 PM - 9:00 PM

“Surf’s Up” Dinner

Join your colleagues to celebrate at the NARCA “Surf’s Up” party. A casual and fun evening is planned – maybe even a “twist” competition!

   
Saturday, May 19, 2012 Education Day 2
   
7:00 AM - 1:00 PM Registration Desk Open
8:00 AM - 9:00 AM Continental Breakfast

9:00 AM - 10:00 AM

Use of Wireless Communications, Autodialers, Email and Social Networking in the Collections Process

A panel discussion regarding the use of wireless phone, texting, autodialers and social networking  in communicating with debtors. The discussion will focus largely on compliance pitfalls under applicable federal and state laws governing such communications; namely, the Fair Debt Collections Practices Act, the Communications Act of 1934 and the pending Mobile Informational Call Act of 2011.

Speakers:
Scott Paris, Keith D. Weiner & Associates Co., L.P.A.
Thomas L. Canary, Jr., Mapother & Mapother, PSC
Keith D. Weiner, Keith D. Weiner & associates Co., L.P.A.

10:00 AM - 11:00 AM

The Ethics of E-Mail and Social Media - Part 1

This interactive program uses hypotheticals to explore unique and quickly evolving issues involving lawyers’ use of electronic communications and documents, including: ethical issues raised by a lawyer’s communications with adversaries (including unsolicited e-mails from prospective clients, ex parte emails from adversaries, a lawyer’s ethics duties upon receiving an inadvertent electronic transmission from a third party or metadata accompanying an electronic communication from a third party); lawyers’ communications with non-clients (including issues raised by lawyers working with service providers, donating electronic files to institutions, and discarding of electronic files); litigation issues (including outsourcing of discovery work and the duty to retain e-mail communications at certain times.)

Speaker:
Thomas E. Spahn, McGuireWoods LLP

11:00 AM - 11:15 AM Coffee Break

11:15 AM - 12:15 PM

The Ethics of Email and Social Media - Part 2

This interactive program uses hypotheticals to explore unique and quickly evolving issues involving lawyers’ use of electronic communications and documents, including: ethical issues raised by a lawyer’s communications with adversaries (including unsolicited e-mails from prospective clients, ex parte emails from adversaries, a lawyer’s ethics duties upon receiving an inadvertent electronic transmission from a third party or metadata accompanying an electronic communication from a third party); lawyers’ communications with non-clients (including issues raised by lawyers working with service providers, donating electronic files to institutions, and discarding of electronic files); litigation issues (including outsourcing of discovery work and the duty to retain e-mail communications at certain times.)

Speaker:
Thomas E. Spahn, McGuireWoods LLP

12:15 PM Conference Adjourns

 

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