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2018 Spring Conference - Important Information

CELL PHONES

Please be considerate in your cell phone use. NARCA requests that electronic devices be silenced in all sessions as a courtesy to the presenters and to the other attendees. The use of cell phones to take photographs, record videos and/or audios, or to live stream during educational sessions is strictly prohibited.

 

NAME BADGES

NARCA requires all delegates to properly display their name badge at all conference sessions and events. Official conference badges are required to gain access to all NARCA Conference activities including meetings, events and sessions on Wednesday, Thursday, Friday and Saturday. This includes Credit Grantor/Client Meetings, the Exhibition Hall, General Sessions, breakout sessions, networking events, meals and social events. Conference badges support networking and community building which is an integral part of the NARCA Conference experience. Conference management reserves the right to deny access to any persons not wearing an official NARCA badge.  

 

NARCA INFORMATION DESK

New to NARCA? Have questions about the Conference, participating in NARCA, member benefits, using the mobile event guide or website? A NARCA staff member is here to help. The NARCA Information Desk is conveniently located adjacent to the NARCA Conference Registration Desk.  

 

CLE CREDIT

NARCA is applying for CLE with those states that require CLE credits for their licensed attorneys. The amount of credit varies from state to state. All attendees will receive a CLE Attendance Record form they will submit to NARCA at the conference or within two weeks following the conference.  Attendees will, in turn, receive Certificates of Attendance either at the completion of the conference or via email.  

 

LOST & FOUND

Please bring all items to the NARCA Registration Desk. NARCA Management will then turn items over to hotel security at the conclusion of the conference.  

 

BUSINESS CENTER

The FedEx Office® Print & Ship Center in the JW Marriott Austin offers you virtually everything you need to meet your convention exhibiting needs — from packing and shipping to signage, copying and last-minute office supplies. For online ordering and more information, visit https://local.fedex.com/tx/austin/office-5679/ or call (512) 391-1816 or email usa5679@fedex.com. The Business Center is open Monday–Friday: 7 a.m.– 7 p.m., weekends: 9 a.m.– 5 p.m. 24-hour access to the business center is available with a guest room key card. 

 

SPECIAL NEEDS

Any special requirements you may have should be relayed to the NARCA Registration Desk at the earliest time possible.    

 

SOCIAL EVENTS

Get the most out of the NARCA Conference by participating in one or more of the Conference social events. These events encourage networking with conference attendees and exhibitors, facilitating connections in an informal and fun setting. Included with a full conference registration is the Wednesday Welcome Reception, Friday and Saturday Breakfasts, Thursday and Friday Lunches, Thursday’s Reception in the Exhibit Hall, and the Friday Night Special Event. Guests of registrants may also participate in Conference social events with the purchase of a Social Guest Ticket at the NARCA Conference Registration Desk. All guests must be accompanied by a full conference registrant and may not be in the collections field. Please refer to the Social Events pages in this booklet or stop by the Conference Registration Desk for details.  

 

PRESENTATION INFORMATION

NARCA 2018 Spring Conference information and presentation materials will be available for computers, smartphones and tablets online or by downloading the NARCA Conference app from your phone’s app store (details to be announced). The easy-to-use NARCA Mobile Event Guide provides the conference agenda, speaker notes and bios, a list of exhibitors, maps and more. Personalize your Mobile Event Guide – find an event and add it to your Personal Schedule and save your favorite Exhibitors/Sponsors or download and print the presentation material. If you need assistance accessing the Mobile Event Guide, please visit the NARCA Registration Desk. 

 

PERMISSION TO RECORD, PHOTOGRAPH AND VIDEOTAPE

As part of NARCA’s ongoing educational program, webinars and conference sessions may be recorded, videotaped and photographed. Such recordings, videos and/or photographs may be available online on the NARCA Website and affiliated websites for the benefit of NARCA Members, paid webinar attendees, Conference attendees and for other purposes. They may also appear in conference booklets and other NARCA materials. The marketing of NARCA-branded videos, photographs and recordings will be done through NARCA. By registering and/or attending any NARCA conference, you agree to be videotaped, photographed and/or recorded. Also, by registering and/or attending any NARCA conference, you waive all claims for royalties in conjunction with such photographs, videos and/or recordings. Moreover, any video, recordings, or photographs from the event are for NARCA’s use and the participant waives any privacy or other claims based on such.  

 

PHONES, CAMERAS & OTHER RECORDING DEVICES

The use of any live streaming or recording device, including audio and/or video, and the taking of photographs is strictly prohibited.   

 

LEGAL DISCLAIMER

All content included in presentations or discussed during sessions is presented for educational and general reference purposes only. The views and opinions of the speakers expressed herein are solely those of the speakers and are not indicative of the policies, or opinion of NARCA. NARCA, either directly or indirectly through speakers, independent contractors, employees or members of NARCA provides the Content as a courtesy to be used for informational purposes only. The Contents are not intended to serve as legal or other advice. NARCA does not represent or warrant that the Content is accurate, complete or current for any specific or particular purpose or application. This information is not intended to be a full and exhaustive explanation of the law in any area, nor should it be used to replace the advice of your own legal counsel. NARCA is the sole owner of the Contents. NARCA hereby grants a limited license to the Contents solely in accordance with the copyright policy provided at www.narca.org. By using the Contents in any way, whether or not authorized, the user assumes all risk and hereby releases NARCA from any liability associated with the Content.

 


 ANTITRUST INFORMATION

NARCA ANTITRUST POLICY STATEMENT*

 These provisions apply to all discussions, both those within formal meeting sessions and any private discussions among participants outside the meeting sessions.

 

Meeting discussions are intended for the education of participants and to provide a forum for participants to identify and address important trends and issues in the collections industry.  While it is intended that participants will always maintain the tradition of free and open discussion, certain areas must be avoided in discussions:

 

  1. Pricing issues and practices, whether past, present or future, including terms or conditions of agreements with vendors and terms and conditions of products and programs must not be discussed.
  2. Discussion of business policies, practices and business conditions must be general in nature. Discussion of volumes, particular customers or practices must be avoided.
  3. No agreements or understandings of any type may be made or discussed as to specific terms, plans and policies for specific contracts or customers.
  4. Limitation or prevention of access to any business product, program or service to any group or type of customer must not be discussed.
  5. Past or pending litigation or supervisory exams or related findings or outcomes must not be discussed.

We unequivocally support the policy of competition served by the antitrust laws and intend to comply strictly in all respects with those laws. Accordingly, any activity that intentionally or unintentionally reduces competition or restrains trade is prohibited.

 

ANTITRUST LAWS & THIS CONFERENCE

NARCA Conferences involve meetings, round table discussions and breakout sessions among law firms and companies that are often competitors. When competitors meet, they need to be aware of antitrust laws, which are designed to ensure fair competition and prevent activities that are in restraint of trade. While competitors may not discuss certain topics, they may meet and learn about industry developments, new products that help them in their businesses, management issues, best practices followed by members of the industry, and legal, regulatory and legislative issues and challenges. These subjects are the focus of NARCA Conferences.Participants need to be aware of certain competitive issues that should not be discussed. Accordingly, this basic antitrust law overview is being provided to help ensure that conference participants do not violate any antitrust laws. It is not intended to be a comprehensive guide to the antitrust laws; rather, it is to create an awareness of danger areas. However, no legal advice is being provided and NARCA does not assume any responsibility for the accuracy of information conveyed herein and NARCA shall not be liable to anyone who relies on this document and does not assume any liability for the conduct of attendees or speakers at this conference. For antitrust advice, you are encouraged to consult with your own attorney. Additional information can be found on the Federal Trade Commission’s website, www.ftc.gov.

 

OVERVIEW OF ANTITRUST LAWS

Violations of antitrust laws can result in both criminal and civil liability. The laws are enforced through civil damage actions by governmental authorities and private individuals or companies. Penalties can be severe for both individuals and employers, and include possible imprisonment and fines.

 

The major antitrust law, the Sherman Act, prohibits agreements or other forms of concerted or joint action with competitors or customers that unreasonably restrain competition. To be illegal, a joint action need not be in the form of a written agreement or even a handshake agreement, but may be inferred from conduct. For example, if two competitors discuss fees and later adopt similar fees, a conspiracy can be inferred.

 

  1. Agreements with competitors regarding prices or fees for services are prohibited. It does not matter whether prices are increased or decreased, reasonable, uniform, or whether the agreement involves pricing based on a formula. Conditions of service, discounts, or terms are discussions about price. Fees and prices should be arrived at independently. Competitors should never discuss fees or prices.
  2. Agreements among competitors not to offer services to certain customers, or not to buy from certain suppliers or vendors, are considered illegal boycotts. Competitors should not agree about reporting or not reporting information to particular credit bureaus. All decisions regarding whom to service, from whom to buy services or products, and to whom to provide data are independent decisions. Competitors may discuss formats, legal requirements, or quality of service they receive, but should not discuss with whom they will deal.
  3. Competitors should not agree to obtain customers only from certain geographic territories. An agreement to divide or allocate territories, or refrain from soliciting customers in certain geographic areas, violates the antitrust laws. It is also illegal to allocate customers. All potential customers should be fair game for all competitors. Competitors should not talk about who has or gets which customer.
  4. Additional antitrust issues of which participants need to be aware do not involve agreements with competitors, including the Clayton Act, the Robinson-Patman Act, and the Federal Trade Commission Act. In general, customers should not be sold one product or service on the condition that they buy another. This is called an illegal tie-in. Customers should not be forced to deal only with one service provider in an exclusive arrangement. A customer may make the decision to deal with only one company, but an exclusive arrangement should not be a condition to engaging in business. In certain circumstances, discriminating in price to similarly situated customers in the sale of commodities is prohibited.
  5. An exception to discussing issues that it would otherwise be illegal to discuss, are conversations involving the plans relative to attempting to influence legislation or regulations. The discussion must relate to lobbying, campaign contributions, media campaigns, or grass roots activities in an effort to influence legislation. Care should be taken in these discussions, and an attorney should be present.

 

PARTICIPANT GUIDELINES

In summary, the following should not be discussed among competitors:

  • Pricing and Fees for Services
  • Profit Levels
  • Pricing Formulas
  • Terms of Doing Business
  • Wage Rates of Participant Employees
  • Territorial Allocation
  • Customer Allocation
  • Vendor and/or Supplier Pricing

 

*Select content reproduced with the permission of Oscar Marquis, principal of the law firm Oscar Marquis & Associates,and Resource Management Systems, Inc.

 

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