Collection Law Update 2022: The Latest on the New Debt Collection Rules

Agenda / Content Covered

1. Adjusting to the New Rules
   10:00 — 11:00, Richard Perr
   1. Overview and Scope of Changes
   2. General Communication Provisions
   3. Electronic Communications
   4. Time-Barred Debt
   5. Debt Transfers
2. Final FDCPA Rules - Top Takeaways for Debtor and Creditor Attorneys
   11:00 — 11:30, Richard Perr
   1. Credit Reporting
   2. Changes to Validation Notices (with Samples)
   3. Recent Guidance, CFPB FAQs, and Sample Forms
   4. Collector Compliance Strategies and Risky Practices
3. Effects on Collection of Residential Mortgage Debt
   11:45 — 12:15, Leona Mogavero
4. Debtor Perspectives on the Rule Changes
   12:15 — 12:45, Leona Mogavero
5. FDCPA Case Law Developments
   12:45 — 1:45, Bruce Menkes
6. Enforcement and Regulatory Updates
   2:15 — 3:15, Lynda Laing
7. Pandemic-Era Risks for Collectors
   3:15 — 3:45, Lynda Laing
8. Legal Ethics
   4:00 — 5:00, Bruce Menkes
   1. Candor with Tribunal
   2. Harassment and Oppressive/Abusive Conduct
   3. Dealing with Represented and Unrepresented Persons
   4. Supervising Non-Lawyer Staff and Unauthorized Practice of Law

Accreditation Details:

Lynda L Laing is a partner in the law firm of Strauss, Factor, Laing & Lyons in Providence, Rhode Island, where her practice concentrates in the areas of collections and litigation. Ms. Laing is a member of the State Bar of Michigan, the Rhode Island and American bar associations, the Commercial Law League of America, and the American Bankruptcy Institute. Ms. Laing served as chairperson of the Bench Bar Committee for the Rhode Island Bar Association. She earned her A.B. degree from Albion College and her J.D. degree from Case Western Reserve University Law School.

Bruce N Menkes is a partner in the Chicago law firm of Mandell Menkes LLC, where he represents lenders, merchants and equipment lessors. Mr. Menkes helps clients with a wide variety of consumer and commercial finance matters, including negotiating and documenting co-brand and other payment card agreements for retailers, preparing agreements for lending and leasing transactions, and advising on privacy, data security and regulatory compliance issues. He also litigates consumer and commercial finance disputes, including defending consumer class actions suits alleging violations of consumer fraud laws, the Fair Debt Collection Practices Act, and the Truth in Lending Act. Mr. Menkes is a past chair of the Debt Collection Practices and Bankruptcy Subcommittee of the Consumer Financial Services Committee of the American Bar Association. He has written numerous articles, including "The FDCPA and the First Amendment" (Consumer Finance Law Quarterly Report, 2011). Mr. Menkes earned his B.A. degree, highest honors, from William & Mary and his J.D. degree from the University of Chicago. He is admitted to practice law in Illinois, before the U.S. District Court for the Northern District of Illinois (member of the Trial Bar), the U.S. Court of Appeals for the Seventh Circuit, and the U.S. Supreme Court.

 

Leona Mogavero is a principal at Friedman Schuman where she concentrates her practice in the area of creditors‘ rights and bankruptcy. Ms. Mogavero has experience representing financial institutions and other lenders in negotiation and documentation of commercial loan workouts and restructures. She also has experience in real estate transactional matters. Ms. Mogavero has supervised and instructed associate attorneys and paralegal assistants in the handling of commercial and residential mortgage foreclosures, and is a frequent speaker at seminars for financial professionals and attorneys regarding loan workouts, collections, and bankruptcy. She is admitted to practice in the State of Pennsylvania, the Supreme Court of Pennsylvania, the United States District Court for the Eastern District of Pennsylvania, and the United States Court of Appeals for the Third Circuit. Ms. Mogavero is a member of the Pennsylvania and Philadelphia bar associations. She earned her B.A. degree, maxima cum laude, from LaSalle College and her J.D. degree from the University of Pennsylvania Law School.

Richard J Perr is the co-managing partner of the Philadelphia office of Kaufman Dolowich Voluck, LLP, and the chair of its Consumer Financial Services Practice Group. He is a nationally recognized authority and lecturer on creditor’s rights, representing creditors, law firms and agencies against individual and class action allegations invoking federal and state consumer protection laws, including the Fair Debt Collection Practices Act, the Fair Credit Reporting Act and the Telephone Consumer Protection Act. Mr. Perr also advises entities and individuals on matters related to compliance in the credit and collection industry, including review, implementation and auditing of policies and procedures, especially in adherence with governmental regulatory bodies such as the Consumer Financial Protection Bureau (CFPB). Mr. Perr is a past president of ACA International. Mr. Perr also serves on the Board of Directors for the Mid-Atlantic Collectors Association. He earned his B.A. degree from Rutgers College and his J.D. degree, with honors, from Rutgers School of Law.