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TimeCourse NumberTitleSpeakersCourse Description
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Wednesday, October 25, 2023
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8:00AM - 1:00PMRegistration and Check-In for Pre-Conference Intensives
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9:00AM - 5:00PMIntroduction to Consumer Law Intensive - Click for full agenda and speakers here
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1:00PM-5:00PMStudent Loan Intensive - Click for full agenda and speakers here
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5:00PM-7:00PMEarly Check-In, Registration, and Web App Support
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5:30PM-6:30PMFDCPA Meeting (Not eligible for CLEs)
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7:30PM-8:00PMVolunteer Training
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Thursday, October 26, 2023
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7:30AM-5:30PMCheck-In, Registration, and Web App Support
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7:30AM-9:00AMContinental Breakfast
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7:45AM-9:00AMFirst-Timer's Breakfast
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9:00AM-10:00AMA1Challenging Algorithmic Bias in Credit and Housing Brian Corman (Cohen Milstein), Morgan Williams (National Fair Housing Alliance)This session will highlight the use of algorithmic models in credit and housing and discuss the potential for discrimination in a range of activities including marketing and advertising, underwriting, loan servicing, and tenant screening. This session will discuss the Fair Housing Act and other statutes used to challenge such discriminatory outcomes.
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A2Revocation of Acceptance in Auto Warranty and Fraud Cases Dan Blinn (Consumer Law Group)
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A3Trapped at Work: Combating Employer-Driven Debt David Seligman (Towards Justice), Khandice Lofton (Student Borrower Protection Center), Emma Oppenheim (CFPB), Michael Best (NCLC)A troubling trend is emerging in workplaces across the country: employers are holding workers hostage in low-paying jobs through employer-driven debt using “training repayment agreement provisions” (TRAPs) or other stay-or-pay contracts and debt obligations. Often buried deep inside workers’ employment contracts, TRAPs or other stay-or-pay contracts and debt obligations, require workers who receive on-the-job training to pay back the “cost” of this training to their employer if they leave their job before an arbitrary, fixed amount of time. These charges often come with additional costs through interest rates, attorney’s fees, and collection fees. These debts create a debt that is likely to hang over workers’ heads for years if they do move on to another job.
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A4ABCs of Utility Debt: Practical Solutions and Litigation Christopher J. Kim (Office of the Illinois Attorney General), Jen Bosco, Karen Lusson (NCLC)Almost 1/3 of U.S. households report struggling with energy affordability and utility disconnections, with the most severe impacts falling on Black and Latine´ families. Many low-income customers are grappling with enormous amounts of utility debt. Federal and state assistance programs, including the Low-Income Home Energy Affordability Program and state law protections, provide some help but may be challenging for consumers to access. In this session, advocates will learn how to help clients gain access to bill payment assistance, protections from utility shut-off, and other programs. We will also address the overpriced non-utility (or "competitive") energy supply contracts that ensnare consumers in deregulated states, and successful advocacy strategies.
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A5Bringing Cases to Help Military ConsumersVildan Teske (Teske Law PLLC), Thomas Feltner (CFPB), Jeremiah Battle (NCLC)This session will discuss ways to bring cases that benefit military and veteran consumers. We will discuss common consumer issues that are pervasive in the military community, practice tips for bringing cases with military or veteran plaintiffs, and provide a brief overview of the SCRA and MLA.
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10:15-11:30AMB1ABCs of Mortgage Servicing Jonathan E. Selkowitz, (Pine Tree Legal Assistance), Andrea Bopp Stark (NCLC)This session will provide a basic overview of the mortgage market including the different types of mortgages and investors, parties involved in mortgages, and what happens with a mortgage from origination to foreclosure.
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B2Challenging Predatory Practices in Higher Education Eileen Connor (Project on Predatory Student Lending), Kristen Simplico (Tycko & Zavareei), Winston Berkman-Breen (Student Borrower Protection Center), Julia Barnard (CFPB)
This session will discuss new predatory and illegal practices that have been arising in the higher education space and highlight exciting cases that are tackling these issues head on. We will discuss recent cases challenging schools' use of online program managers and predatory recruitment occurring in the distance education space, issues with schools' use of college banking cards, and schools' use of Income Share Agreements (ISAs).
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B3Conducting Effective Depositions Justin Baxter (Baxter & Baxter LLP) and Duran Keller (Keller Law LLP)This session will be a practical skills training for how to conduct depositions and special considerations on how to handle depositions via Zoom. Attendees will learn to make a plan and objectives for what to get out of depositions, with an eye toward how it can be useful at trial.
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B4ABCs of Fair Debt Collection Practices ActStacy Bardo (Bardo Law, P.C.), Ahmad Keshavarz (The Law Office of Ahmad Keshavarz), Scott Kinkley (Northwest Justice Project)This session will provide an introduction to the Fair Debt Collection Practices Act with a focus on coverage, violations, and damages.
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B5Arbitration Trends Leah Nicolls (Public Justice), Jonathan Waisnor (Labaton Sucharow)This course will discuss some of the latest trends and news on the arbitration front, including mass arbitration, legislative and regulatory updates, and how courts are interpreting recent statutory limits on arbitration.
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11:30AM-11:45AMCoffee Break
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11:45AM-12:45PMOpening PlenaryProfessor Claire Johnson Raba (University of Illinois Chicago)The Forest and the Trees: Big Data, Access to Justice, Consumer Protection, and Racial and Social Justice
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12:45PM-2:00PMLunch On Your Own
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Networking Group Lunches: Click here to view or organize one!
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Brownbag Lunches
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2:00PM-3:30PMC1Major Student Loan Updates Abby Shafroth (NCLC), Persis Yu (Student Borrower Protection Center), Sarah Sattlemeyer (New America), Bonnie LaTreille (Federal Student Aid Ombudman), Adam Minsky (Law Office of Adam S. Minsky)
Once again, 2023 has proved to be a year full of changes to the federal student loan system. This session will be a high-level discussion of it all: everything from President Biden's cancellation plan to servicing changes to regulatory amendments and will reflect on what this means for borrowers. We will also discuss what we should all anticipate seeing in 2024.
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C2ABCs of Auto Fraud Thomas Domonoske (Consumer Litigation Associates)
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C3ABCs of FCRA: Focus on Tenant ScreeningLauren Brennan (Francis Mailman Soumilas, P.C.), Fadi Assaf (Northwest Justice Project) Our perennial course on the basics of the Fair Credit Reporting Act. This year, given the intense focus on tenant screening, the course will be taught through that lens.
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C4Navigating Payment Fraud: Claims, Pitfalls, and StrategiesLarry P. Smith (SmithMarco, P.C.), Pat McNichol (Kelly Guzzo PLC), Evan Rothfarb (Schlanger Law Group LLP), Stephanie Tatar (Tatar Law Firm, APC), Carla Sanchez-Adams (NCLC)Payment fraud has exploded, and lawyers are increasingly being asked to represent clients who have been defrauded. However, lawyers don't always know where to begin when a client is a victim of payment fraud, which can be complicated by the many types of payment fraud and schemes that exist- wire fraud, fraud through peer to peer apps, check fraud, and even account takeovers and hacks. Unfortunately, sticky issues arise in litigating these cases, including dealing with arbitration agreements and potential loopholes in existing law. This session will discuss the most common types of payment fraud and the laws that apply to these schemes, an overview of available claims and pitfalls, and strategies for successfully navigating these challenges.
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C5Using RICO in Consumer Class Actions on Predatory Credit and Student Loans John Grogan, David Nagdeman (Langer, Grogan & Diver P.C.)
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3:30PM-3:45PMCoffee Break
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3:45PM-5:00PMD1Property Preservation and Home Break-In Cases: Getting the Evidence to Prove Liability and Maximize Damages Jeff Gentes (CT Fair Housing Center), Peter Silva (Tycko & Zavareei LLP), Nick Wooten (DC Law)Property preservation break-ins by agents of the mortgage servicer present as a simple fact pattern, but a consumer's ability to prove liability against the note holder, servicer, and agent, and to obtain damages, is contingent upon the successful collection of evidence. This course will provide lawyers with the knowledge and practical techniques to obtain such evidence, including pre- and post-filing. This includes identification of the possible defendants and their roles and sources of third-party discovery. This session will also identify the types of physical or ESI evidence available, who is in possession of the evidence, and how best to obtain it. Special attention will be paid to obtaining pattern and practice evidence to prove liability and punitive damages.
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D2Dark Patterns, Set-up-to-Fail Lending, and Other Abusive ConductSandhya Brown (FTC), Jimmy Rock (Edelson, P.C.), Brian Shearer (CFPB), Shennan Kavanagh (NCLC)The FTC recently released a report on “dark patterns” and has brought a number of enforcement actions against design features that are intended to subvert consumer choice. Federal and some state laws ban “abusive” conduct that interferes with consumer understanding or takes advantage of their lack of understanding, inability to protect their interests, or reasonable reliance. The Consumer Financial Protection Bureau has released a statement compiling more than a decade of experience under the abusive standard. In this session, hear from the FTC, CFPB, and a class action lawyer on ways to target practices that manipulate consumers.
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D3Avoiding Forced Arbitration in FCRA Cases Casey Nash (Kelly Guzzo PLC), Len Bennett (Consumer Litigation Associates), Matthew Wessler (Gupta Wessler PLLC)Companies, including Experian, are increasingly forcing consumers to arbitration in FCRA cases. This session will provide a caselaw update on recent cases regarding motions to compel arbitration, how to avoid arbitration, and practical tips on how to defend against a motion to compel arbitration. The course will also explore Experian's use of the CreditWorks platform in FCRA litigation and provide litigation tips on how to avoid this new defense strategy.
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D4Introduction to Criminal Justice Debt Louis L. Reed (Fines and Fees Justice Center), Leslie Bailey (Public Justice), Ed Wunch (Legal Aid Services of Oklahoma), Caroline Cohn (NCLC) Criminal justice debt (also known as court debt, fines and fees, legal financial obligations, and monetary sanctions) burdens millions of low-income people across the country and traps many in poverty. This session will introduce attendees to what criminal justice debt is, why it is a uniquely devastating form of debt, and what attorneys (including legal services attorneys) can do to help clients burdened by the debt and to challenge unlawful practices.
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D5Ethical Considerations and Other Challenges of Representing Older or Disabled Clients and Clients of Diminished CapacityDavid Godfrey (ABA Commission on Law and Aging), Jennifer L. VanderVeen
(VanderVeen Elder Law, LLC)		This session will walk through some of the ethical rules and practical challenges of representing older or disabled adults and clients of diminished capacity or declining decision-making capacity due to age, mental illness, trauma, or other disability. The session will explore the issue from intake to resolution of the case and give strategies, tips and practical advice, and discuss ethical obligations.
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5:15PM -6:15PMPlenaryEric Halperin (CFPB Assistant Director for the Office of Enforcement)CFPB Enforcement Plans and Priorities
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6:30PM-9:00PMOpening Reception featuring the CRLC band The Mugshots! at Tao Chicago, 632 N Dearborn St
Chicago, IL 60654
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8:30 PMDinner On Your Own or Networking Group Dinners: Click here to view or organize one!
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Friday, October 27, 2023
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7:00AM-5:30PMCheck-In, Registration, and Web App Support
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7:30AM-9:00AMContinental Breakfast
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8:00AM-3:30PMWomxn's Networking Suite
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8:00AM-9:15AME1Property Tax Foreclosures: Constitutional and Bankruptcy Issues Maryann Flanigan (LSNJ), Andrea Bopp Stark, John Rao (NCLC)Property tax foreclosures are open to challenge on constitutional grounds and under bankruptcy law. This session will explore the implications of the Supreme Court's decision in Tyler v. Hennepin, finding that a tax foreclosure can violate the Fifth Amendment Takings Clause, and also consider whether tax foreclosures violate the Eighth Amendment Excessive Fines Clause and the fraudulent transfer provision of the Bankruptcy Code. The panel will also discuss state legislative proposals in response to Tyler and the impact of property tax foreclosures on heirs' property.
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E2Repossessions Robert Murphy (Murphy Law Firm), John Van Alst (NCLC), Nathan DeLadurantey (DeLadurantey Law Firm), Matt Lein (Lein Law Offices)
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E3FCRA Marketing, Intake, Client Development Justin Baxter (Baxter & Baxter LLP), Sylvia Bolos (Consumer Attorneys PLLC)Tips & advice on how to generate client leads, conduct intake interviews, and develop case materials
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E4Medical Debt Collection: Policy Landscape and Opportunities for Advocacy Marceline White (Economic Action Maryland), Berneta Haynes (NCLC), Elisabeth Benjamin (Community Service Society of New York)Medical debt collection tactics can be aggressive and may include wage garnishment, bank account seizure, liens on property, and even civil arrest warrants. This course will cover some of the existing and proposed state and federal level protections, highlight experiences from policy advocates, and identify opportunities and strategies for advocates interested in pushing for more robust medical debt collection protections.
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E5ETHICS - Confidentiality in Discovery, Court Filings, and SettlementJennifer Bennett (Gupta Wessler PLLC), Jackie Aranda Osorno (Public Justice)Why consumer lawyers should fight against court secrecy and the nuts and bolts of how to do it - from discovery through settlement.
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9:30AM-10:45AMF1TILA Mortgage Origination Claims: Disclosures (TRID) Andrew Pizor (NCLC), Sarah Mancini (NCLC)This session will describe the TILA-RESPA Integrated Disclosures (TRID) used for most mortgages and claims you can raise based on disclosure errors.
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F2Recent Developments in TCPA LitigationAbbas Kazerounian (Kazerouni Law Group, APC), Justin T. Holcombe (Skaar & Feagle LLP)Recent developments on TCPA litigation including updates on major circuit decisions, how to prove residential status in class cases; ringless voicemail covered, record keeping requirements for telemarketing calls; are there any viable ATDS claims?
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F3Return to Repayment: New Repayment Options and Flexibilities to Help Manage Student Loan BillsAshley Harrington (U.S. Department of Education), Carolina Rodriguez (Community Service Society of New York), Abby Shafroth (NCLC), Stanley Tate (Tate Law) After over a 3-year payment pause, the Department of Education says it will start sending out federal student loan bills again in early fall. This session will focus on helping borrowers manage their return to repayment by making use of new repayment flexibilities and options. It will cover the new income-driven repayment rules (if finalized!), new rules on interest capitalization, temporary flexibilities related to the return to repayment, and temporary income-driven repayment initiatives that can help borrowers get more credit toward being debt-free.
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F4Going After Bad Lawyers: Legal, Strategic and Ethical Considerations in Seeking Sanctions and Bringing Affirmative Actions to Challenge Attorney Misconduct in Mortgage and Debt Collection Cases Thomas A. Cox (NCLC); Jessica Ranucci & Danielle Tarantolo (NY Legal Assistance Group)What can you do when an attorney representing a mortgage servicer or debt collector commits misconduct? Come to this session to learn more about options for seeking sanctions and attorneys fees and filing affirmative lawsuits to challenge unlawful, deceptive, or unfair conduct by counsel. This session will review the various available statutes and rules for seeking sanctions against opposing parties and their attorneys and the basis for attorneys' liability for misconduct under the FDCPA and other statutes. It will then focus on how to effectively prepare and prosecute sanctions, motions, or affirmative litigation, and, finally, on strategic and ethical considerations in determining when and how to file these motions and actions.
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F5Home Energy Efficiency/Affordability/Renewable Energy Programs and Scams: Distinguishing Between the Real Programs and Rip-Offs (Part 1)Professor Stacey Tutt (National Housing Law Project), Olivia Wein & Jen Bosco (NCLC)Billions of dollars in new federal programs create low and moderate income home energy rebates (with a point of sale feature for contractors to promote the rebates) as well as tax incentives to further investment in high efficiency electrification, energy efficiency and installation of renewables. There are enhanced incentives for solar developers and home contractors to focus these new federal investments on disadvantaged communities. These programs can help low-income clients reduce their energy burden, but the novel nature of the programs and the role of home contractors introduce openings for unscrupulous actors and predatory practices.
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10:45AM-11:00AMCoffee Break
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11:00AM-12:15PMG1Home Energy Programs: Solar & Door-to-Door Frauds (including E-Sign) (Part 2)Andrew Milz (Flitter Milz, P.C.), Margot Saunders (NCLC), Steve Sharpe (NCLC)With the influx of public and private funding into the green energy sector, consumers are facing unprecedented fraud at the hands of contractors and lenders eager to make a quick buck and leave consumers holding the bag for an expensive product that often they did not want in the first place. Learn from practitioners across the country on how to spot scams, determine causes of action and remedies, and build value of your cases.
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G2New Student Loan Discharge RulesJessica Ranucci (NY Legal Assistance Group), Mariame Toure (American Federation of Teachers) Alpha Taylor (NCLC) & Robyn Smith (NCLC and LAFLA)This session will present an overview of the new discharge rules implemented by the Department of education, including Borrower Defense, PSLF, Total & Permanent Disability Discharge, False Certification, and Closed School Discharge.
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G3How to Win Your FCRA Case Robert Sola (Robert S. Sola P.C.), Duran Keller (Keller Law LLP)This course will cover the intermediate and advanced aspects of FCRA litigation and trial readiness: effective discovery, obtaining evidence to defeat summary judgment (and possibly obtain it in your favor), achieving the highest possible settlement, efficient use of the attorney's time, and preparing to win your FCRA jury trial.
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G4Strategies in Debt Defense CasesBeth Hayes (Montana Legal Services Association), Mika Wilbur (Legal Aid Society of San Diego), Kerry Smith (Community Legal Services) This panel of legal services attorneys will discuss strategies they use to represent consumers in debt defense cases.
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G5Consumer Rights Advocacy for Domestic & Sexual Violence Survivors from Underserved and Culturally Specific Communities Nkeiruka Aduba (CSAJ), Divya Subrahmanyam (CAMBA)There is a great need for consumer legal advocacy that centers the needs of survivors from culturally specific and underserved communities. While one in three of all women will experience intimate partner violence in their lifetimes, that rate doubles or nearly doubles for those living in poverty, for Black, Indigenous, and/or people of color (BIPOC), LGBTQ+ individuals, immigrants, and people with disabilities. At CSAJ, we continue to emphasize that there is no safety without economic justice for survivors. Consumer law is a powerful tool to address economic harm from abuse and civil legal advocates must work to meaningfully engage with communities to ensure all survivors have access to justice; economic justice for survivors both prevents future risk of violence and fosters changes in our systems, thereby expanding long-term safety.
This course will explore the economic ripple effect of domestic and sexual violence for survivors and how survivors with marginalized identities are further negatively impacted when they navigate service systems. It will discuss how advocacy strategies like survivor centered consumer advocacy and consumer rights play a critical role in disrupting the economic ripple effect, and how partnerships with attorneys and advocates in different practice areas can provide holistic support to survivors.
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11:00AM - 5:00PMFSA 1:1 Meetings, sign-up in advance here
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12:15PM - 1:45PMLunch On Your Own or Networking Group Lunches: Click here to view or organize one!
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Advocates of Color Luncheon
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Brownbag Lunches
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1:45PM - 3:15PMH1Updates in Mortgage Servicing Loss MitigationLisa Sitkin (NHLP), Ainat Margalit (Legal Aid Chicago), Steve Sharpe, Alys Cohen (NCLC)This session will provide updates on the loss mitigation rules for the key federal investors.
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H2Other Parties' Liability for Auto Dealer Conduct Bernard Brown (The Brown Law Firm), Susan Warren (Feferman Warren & Mattison), John Van Alst (NCLC)Consumers may assert claims and defenses against a number of entities for a dealer’s conduct. When a dealer arranges financing, for example, the consumer can assert those claims and defenses against any “holder” of the contract, and should be able to recover attorney’s fees for doing so. There is a wide sweep of other persons who can also be liable in whole or in part for the dealer’s conduct. This presentation will provide a brief survey of many potential claims against other persons for a dealer’s conduct.
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H3FCRA Developments John Albanese & Ariana Kiener (Berger Montague); Susan Stocks (CFPB)Perennial course on caselaw, litigation, regulatory and policy developments in FCRA World
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H4Nursing Home Debt Collection: What Consumer Lawyers Need to KnowBeverly Yang (CFPB), Emma Caterine (Law Office of Ahmad Keshavarz), Anna Anderson (NCLC)Nursing home debt collection lawsuits against family members, friends, and caregivers are on the rise, resulting in innocent third parties being held liable for their loved ones' bills. There has been significant national attention on these cases recently, thanks to a Kaiser Health News/NPR investigation into this issue, as well as CFPB action in this area. This session will provide an overview of how these collection actions come about and will provide attorneys with the tools to address these abusive lawsuits and go after predatory collection firms engaging in unlawful practices. The course will include speakers from the legal aid, private, and enforcement community.
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H5Telemarketing Claims – Legal Limits on Consent and ID Requirements (TCPA)Keith Keogh (Keogh Law LTD), Margot Saunders (NCLC)Telemarketing Claims – NO ONLINE CONSENTS ARE VALID! 1) NEW Legal Limits on Consent and ID Requirements: consents are invalid if obtained through lead generators and anyone other than sellers, or fail to comply with E-Sign, or based on oral consent; 2) Good TCPA claims exist when a) callers fail to properly identify themselves and or fail to provide their real telephone number during calls; or (b) call back after being asked to stop.
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3:15PM-3:30PMCoffee Break
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3:30PM - 4:45PMI1Homeownership Roundtables: Tangled Title, Zombie Seconds, Loss MitigationSarah Mancini (NCLC)Roundtable discussions of hot topics
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I2Auto TILA and E-SIGNThomas Domonoske (Consumer Litigation Associates)
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I3Discharging Student Loans in BankruptcyJohn Rao (NCLC), William Austin Hinkle (CFPB)This session will explore ways that student loan borrowers can discharge their loans in bankruptcy with a particular focus on the new Bankruptcy Guidance from the Department of Justice and the Department of Education. This session will help attorneys evaluate their client’s chances of obtaining an undue hardship discharge and discuss how the new process will work.
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I4Suing Debt Buyers for Abusive PracticesJim Savage (CFPB), Angie Robertson (Philipps & Philipps, Ltd.), Carolyn Coffey (Mobilization for Justice), April Kuehnhoff (NCLC)This session will focus on bringing affirmative claims against debt buyers.We will review CFPB enforcement actions against larger debt buyers such as PRA., Encore / Midland, and Pressler & Pressler / New Century, the claims alleged, and the resulting consent orders including practices these debt buyers should not still be doing. We will also go through key steps in suing debt buyers under the FDCPA.
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I5Drafting a Winning Motion for Maximum Attorneys' Fee Kristin Kemnitzer (Kemnitzer, Baron and Krieg, LLP) and Cary Flitter (Flitter Milz PLC)
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5:00PM - 6:00PMPlenaryPlenarySeth Frotman (CFPB), Brian Shearer (CFPB), Jason Adler (Federal Trade Commission), Suzanne Martindale (California Department of Financial Protection and Innovation)The Consumer Protectors: A Conversation with the CFPB, FTC and California DFPI
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6:30PM-8:30PMLegal Services Reception at AceBounce Chicago, 230 N Clark St, Chicago, IL 60601
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Saturday, October 28, 2023
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7:30AM-4:00PMCheck-In, Registration, and Web App Support
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7:30AM-9:00AMContinental Breakfast
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8:00AM-8:45AMPlenaryPlenaryAudra Wilson (President & CEO, Shriver Center on Poverty Law)Building a Future Free from Poverty and Racism

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9:00AM-10:15AMJ1Advanced RESPA Litigation IssuesCourtney Weiner (Law Office of Courtney Weiner PLLC), Phillip Robinson (Consumer Law Center LLC), John Rao (NCLC)The Fourth Circuit recently issued an opinion narrowing the scope of "servicing" for purposes of establishing a qualified written request or notice of error. That opinion is at odds with a ruling by the Second Circuit. With the potential for more divergent opinions, or an endorsement by the Supreme Court of a definition of servicing similar to the Fourth Circuit's, it is more important than ever for advocates to learn how to draft qualified written requests that fall within the scope of the the statute and the rule, as well as take on motions to dismiss that challenge the coverage of RESPA and Regulation X.
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J2Earned Wage Advances and Other Fintech Payday LoansSuzanne Martindale (California Departments
of Financial Protection and Innovation), Dana Wiggins (Virginia Poverty Law Center), Andrew Kushner (Center for Responsible Lending)		Companies offering “earned wage access products” claim to pay wages early rather than to offering a loan ahead of payday. Direct to consumer apps also offer wage or cash advances that purport not to be loans, asking for “tips” as well as expedite fees instead of interest. Bills and some regulatory opinions around the country would carve these products out of lending laws. California, on the other hand, has released data on how these products actually work, and has proposed to regulate them as credit. Several states have also taken action against “tips.” This session will explore these new products, the state battles over how to regulate them, and whether they truly are a better alternative or are just a fintech payday loan.
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J3Tenant Screening: Federal and State Policy Developments Natasha Duarte (Upturn), Dominique Wiggins (Community Legal Services of Philadelphia), Brittany K. Ruffin (Washington Legal Clinic for the Homeless), Elly Kugler (U.S. Department of Housing and Urban Development), Ariel Nelson (NCLC)Many landlords, relying on tenant screening reports from third-party companies, reject potential tenants due to eviction case filings, alleged rental debt, criminal records, and/or their credit report and score. This session will discuss recent proposed and enacted local, state, and federal legislation to lessen these barriers to rental housing as well as other federal policy developments in this space.
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J4Fighting Credit Repair Scams: Litigation & Other StrategiesWilliam J. Hodor (FTC), Andrew Pizor (NCLC)Credit repair scams charge consumers for empty promises to do the impossible--raise credit scores by removing accurate negative information from the consumer's credit report. Two federal laws and many state laws prohibit charging before delivering the promised results, but these laws are widely violated. However a recent CFPB judgment against one of the nation's biggest credit repair providers offers guidance for helping consumers. This session will discuss litigation and legislative strategies for cracking down on abusive credit repair services.
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J5Using the Disparate Impact Theory to Challenge Systemic Inequities in Housing, Credit and Insurance.Lorray Brown (Michigan Poverty Law Program), Shelby Leighton (Public Justice) This session will discuss advocacy tools which can be used to stop the targeting of predatory practices aimed at communities of color. This will include a discussion of tools such as mapping, potential legal claims, and using innovative disparate impact theories to challenge discriminatory policies and practices by banks, insurance companies, and housing providers.
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10:15AM-10:30AMCoffee Break
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10:30AM-11:45AMK1Helping Homeowners After a Natural DisasterMaryann Flanigan (LSNJ), Amanda Bosley (Lone Star Legal Aid), Alys Cohen (NCLC), Steve Sharpe (NCLC) After a natural disaster strikes, homeowners face a range of challenges following initial safety concerns. From applications for federal, state and local relief to accessing insurance coverage and managing mortgage payments, homeowners must deal with many parties to rebuild and retain their status as a homeowner. This session will provide an overview of these subjects with information about special loss mitigation policies and strategies for addressing common challenges faced by homeowners who are disaster victims.
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K2Debt Collection Calls - New TCPA Claims & Other Prerecorded Calls Michael Greenwald (Greenwald Davidson Radbil PLLC), Margot Saunders (NCLC) Wrong number prerecorded calls, particularly for debt collection, new limits for prerecorded calls to landlines (impacting debt collection calls in particular), potential claims related to these calls. Other potential claims for supposedly exempted calls to cell phones--a) if they are not made using a free-to-end-user technology (ie. include required opt-outs, disclosures and compliance lists required in sections (b) and (d) of the regs. Issues surrounding certifying classes for these cases.
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K3Trying Small and Large Cases to Final Award in ArbitrationBrian Flick (DannLaw) , Allison Krumhorn & Ron Wilcox (Wilcox Law Firm, P.C.)A discussion of effective strategies in arbitrating cases of all shapes and sizes. Learn how to use arbitration rules to your advantage in discovery, tactics and tips in dealing with discovery issues, and effectively presenting evidence during the arbitration hearing.
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K4Junk Fees in Residential Rentals Chelsea Ortega (Santoni, Vocci & Ortega, LLC), Marie Claire Tran-Leung (National Housing Law Project), Katie L. Herring (Cobb Legal Aid) This session will focus on identifying affirmative claims surrounding the rising array of junk fees in rental housing.
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K5Ethics - How To Understand Race Dynamics With Clients And Litigation Duran Keller (Keller Law LLP), Loraine Martinez Bellamy (Connecticut Fair Housing Center), Carla Sanchez-Adams (NCLC)This session will unpack how to do client intake, client prep for depositions and trial, and talk through emotional distress damages when your client has experienced various forms of racism. It will be done through a panel of attorneys who are advocates of color and can share "what they wish their colleagues knew" about representing people of color, from people of color. The session will also discuss the ethical rules implicated by ABA's updated standards for providing representation to clients taking into consideration race equity, cross-cultural sensitivity, and cultural humility.
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11:45AM-1:30PMVern Countryman Award & Rising Star Awards LuncheonRich Dubois (NCLC), Ira Rheingold (NACA)NCLC and NACA's annual Awards Luncheon, a highlight of every Consumer Rights Litigation Conference (CRLC), will feature multiple speakers, including a keynote and presentation of the 2022 Rising Star and Vern Countryman Awards.
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1:30PM-2:45PML1Defending Against Enforcement Actions by HOAs Jose Vasquez (Colorado Legal Services); Frances Gauthier (Legal Services Corporation of Delaware), Amir Befroui (Lone Star Legal Aid) More and more homeowners reside in properties subject to covenants, which are enforced by a homeowners association (HOAs).The homeowners association has significant enforcement authority in the event that a homeowner fails to pay assessments or comply with covenants. The association can record a lien, file a collection action or even file a foreclosure action. Most homeowners do not have the knowledge or resources to successfully defend against such action, and often times the result can be financially devastating. This course will provide an overview of how homeowners associations function and how advocates can successfully defend against such actions.
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L2Advanced Successor in Interest Issues: Helping Heirs Save the Family HomeNketiah Berko (NCLC), Sarah Mancini (NCLC)A deep dive regarding getting the mortgage servicer to recognize your client as a successor in interest after a death or divorce, and litigation options when they don't.
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L3Challenging Rental Debt on Credit ReportsEric Dunn (National Housing Law Project), Casey Nash (Kelly Guzzo PLC)There is an increasing rise in the use of credit in the housing arena. As more housing debt is being reported, errors are also soaring. This course will focus on identifying errors, identifying rental history reporting companies, and how to set up challenges to these errors, including under the FCRA.
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L4Fair Debt Collection Practices Act DevelopmentsDavid Philipps (Philipps & Philipps, Ltd.), Brian Bromberg (Bromberg Law Office, P.C.), April Kuehnhoff (NCLC)This session will focus on a discussion of published appellate court decisions interpreting the Fair Debt Collection Practices Act. It will also include a brief discussion of any legislative or regulatory developments.
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L5Holding Crypto Companies Accountable for Consumer Harm: Practical Strategies for LitigationCharlie Gerstein, Emily Gerrick, (Gerstein Harrow LLP), Carla Sanchez-Adams, Lauren Saunders (NCLC)The last year has seen one crypto scandal after the next: massive fraud, stolen or hacked coins, plummeting values, businesses being shut down or pursued for illegal operations, and more. Billions of dollars have been lost, and as always, it's everyday consumers who are left with nothing. The panel will present strategies for helping these harmed consumers through class and individual litigation. It will cover all stages of litigation, from case development through motion practice to eventual recovery.