Agenda / Content Covered

10:00 am to 5:00 pm Eastern Standard Time

1. The New CFPB Rules
   10:00 - 11:00, Ernest H. Kohlmyer
   1. The New Final Rule (2018 TILA-RESPA Rule) Regarding Closing Disclosures
   2. Changes to Prepaid Accounts Rule
   3. New HMDA Guidelines
   4. Changes to the Mortgage Servicing Final Rule
   5. Update of FDCPA - Trends, Recent Developments and Current Challenges
   6. The New CFPB Interpretive Rule
   7. UDAAP Update
2. How to Collect the Judgment Under the CFPB - New Spins on Old Collection Techniques... Walking the Fine Line
   11:15 - 12:15, Ronald S. Weiss
   1. Collecting the Judgment Under the CFPB: What NOT to do
   2. Wage and Bank Garnishments
   3. Property Execution
      1. Use of Judgment Liens on Real Property
      2. Use of Judgment Liens on Personal Property
   4. Installment and Lump Sum Payments and Preference Payments
   5. Dealing with Exemption Claims by the Debtor
   6. Turnover or Assignment Orders
   7. Reaching Reasonable Settlements
   8. Disclosure Hearings
   9. Attachments and Receiverships
   10. Personal Property
   11. Out-of-State Collections Strategies
3. Creditor's Rights vs. Debtor's Rights: The Latest CFPB Compliance Pitfalls
   12:45 - 1:45, David Weimer
   1. Creditor Compliance Under the CFPB and FDCPA
   2. Legislative Intent Underlying the FDCPA and CFPB
   3. The CFPB's Scope and Authority to Enforce the FDCPA
   4. Creditor Protections Under the FDCPA and CFPB
   5. Specific Debtor Protections Created by the Case Law
      1. Meaningful Attorney Involvement
      2. Overshadowing
      3. 1099c Disclosures
      4. Interest and Other Ongoing Charges
      5. Window Envelopes
4. Locating Assets After the Judgment - The Latest CFPB Rules and Regs
   1:45 - 2:45, Ronald S. Weiss
   1. Informal Discovery and Using Information in Your File
   2. Identifying Specific Records and Sources of Information
   3. Internet Resources
   4. Using Investigators
   5. Fraudulent Conveyances of Assets
   6. When to Involve the Court/Court-Ordered Examinations
   7. Using Motions to Complete the Debtor's Compliance with Post-Judgment Discovery Requests
   8. Pitfalls to Avoid When Searching for Property
5. Defending Against the Debt Collection Harassment Claim Under the CFPB and FDCPA
   3:00 - 4:00, Ernest H. Kohlmyer
   1. What Constitutes Harassment? CFPB, FDCPA and Current Court Definitions
   2. False or Misleading Representation: CFPB, FDCPA, Current Court Definitions and Materiality Requirement?
   3. Claims Asserted by Debtors: Vicarious Liability vs. Direct
   4. Litigation Costs vs. Possible Damages
   5. Key Strategies During Discovery
   6. Avoiding Incrimination Through Collector Documents and Messages
   7. Settlement Strategies and Techniques
   8. Re-Opening Default Judgment
   9. Convincing the Jury That the Debtor is Not the Victim
   10. Debunking Survey and Expert Evidence
   11. Minimizing Damage Awards
6. Ethics for Collection Attorneys
   4:00 - 5:00, David Weimer
   1. Candor with the Tribunal
   2. Harassment
   3. Multi-Jurisdictional Practice of Law
   4. Dealing with Represented Consumers
   5. Dealing with Unrepresented Persons
   6. Supervising Non-Lawyer Staff & the Unauthorized Practice of Law

Accreditation Details:

ERNEST H. KOHLMYER is a partner with Shepard, Smith, Kohlmyer & Hand, P.A. He practices in the areas of FDCPA and FCRA defense on behalf of collection agencies and credit grantors in the state of Florida. Mr. Kohlmyer also represents governmental entities in the central areas of civil rights and constitutional law. He is a regular speaker on the areas of debt collection and credit bureau reporting issues for the Florida Collectors Association and ACA International. Mr. Kohlmyer has been a member of ACA International's Member's Attorney Program (MAP) (former chairman) and has served as Florida's state unit representative. He currently serves on the ACA Legislative Council and is a board member for the ACA International Foundation. Mr. Kohlmyer is licensed in both the state and federal courts in Florida and Georgia. He is admitted to practice before the U.S. Court of Appeals for the Eleventh Circuit and the U.S. Supreme Court. Mr. Kohlmyer earned his B.S. degree from Florida State University and his J.D. degree from the University of Dayton School of Law.

DAVID WEIMER is the vice president and chief compliance officer of Kramer & Frank, P.C. The firm concentrates on creditors’ rights and collections, with offices in St. Louis and Kansas City, Missouri, and practices in Kansas, Missouri, and Illinois. Mr. Weimer's practice has included the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Telephone Consumer Protection Act, HIPAA, creditors’ rights, and various other consumer protection statutes and related law. He has tried hundreds of lawsuits involving creditors’ rights, and has defended law firms and collection agencies against consumer protection claims. Mr. Weimer advises the firm and its clients on compliance and risk management in the extensively regulated disciplines. More recently, he added the Consumer Financial Protection Bureau and UDAAP to his areas of practice. Mr. Weimer is a member of The Missouri Bar, the bars of the U.S. District Court for the Western District of Missouri and the District of Kansas, the U.S. Circuit Court for the Eighth and Tenth circuits, the Kansas City Metropolitan Bar Association, and the Platte County Bar Association. He is also a member of the National Creditors Bar Association, serving as co-chair of the Bylaws Committee and a member of the Professional Standards Committee, and is the current president of the Missouri Creditors Bar, Inc. Mr. Weimer earned his J.D. degree from Washington University in St. Louis.

RONALD S. WEISS is a partner in the Kansas City law firm of Berman, DeLeve, Kuchan & Chapman, L.C. He practices in the areas of bankruptcy and commercial litigation. Mr. Weiss wrote the chapter on general executions in The Missouri Bar Handbook and Attachments on Debtor/Creditors' Rights, and the chapter on bankruptcy in The Missouri Bar Practical Skills Handbook. He also is a contributing writer to The Missouri Bar Bankruptcy Practice Handbook. Mr. Weiss has been a lecturer for The Missouri Bar seminars and for the National Association of Credit Management in the Kansas City Bar Young Lawyers Trial Practice Program. He has served as chair of the Midwestern Bankruptcy Institute. Mr. Weiss is a member of The Missouri Bar, the American Bar Association, the Kansas City Metropolitan Bar Association, the Commercial Law League of America and the American Bankruptcy Institute. He earned his B.A. and J.D. degrees from the University of Missouri.