Student Loan Servicing and Collection: Navigating FDCPA, TCPA, FCRA and Increased CFPB Oversight

Lessons Learned From Recent Litigation and Enforcement Actions; Treatment of Student Debt in Bankruptcy

A live 90-minute CLE webinar with interactive Q&A


Thursday, August 17, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, July 28, 2017


This CLE webinar will examine the complex regulations affecting the student loan market, including Dodd-Frank and the Fair Debt Collection Practices Act (FDCPA), and discuss the current enforcement priorities of the Consumer Financial Protection Bureau (CFPB) and other agencies with regard to loan originators and servicers.

Description

U.S. student debt has tripled in the past 11 years to $1.44 trillion. Over 44 million Americans carry student loans, with a current delinquency rate (90+ days in default) of 11.2%. With the explosion in student debt and delinquency has come a proportionate increase in complaints relating to loan servicing and collection practices and increased federal scrutiny of both bank and non-bank originators and servicers.

In 2016, CFPB announced that it would begin accepting complaints on federal student loans as well as private student loan complaints, a substantial increase in its oversight of the student loan industry. Enforcement actions relating to student loan servicing and collection are now a stated priority of CFPB for 2017. Counsel must be well-versed in the FDCPA, the Fair Credit Reporting Act (FCRA) and other laws governing loan collection practices.

Consumer complaints (and regulatory actions) have arisen in connection with a broad range of conduct by lenders and servicers, including qualification practices at origination, misallocation of payments, misleading notices regarding late fees and other charges, erroneous deferment terminations, and interest capitalization during during forbearance or deferment periods. Servicers can also incur substantial liability for solicitation and collection practices in violation of the Telephone Consumer Protection Act (TCPA), and violation of consumer privacy rights.

Borrowers have limited options for discharging federal student debt in bankruptcy, but the lender or servicer must take the appropriate steps to preserve its credit position after bankruptcy, and private student loans will require special attention.

Listen as our authoritative panel discusses the student loan regulatory landscape and the recently expanded authority of the CFPB over originators and servicers. The panel will also discuss recent enforcement actions against loan servicers and how servicers can avoid such actions going forward.

Outline

  1. Federal regulation of student loans
    1. Sources of student loans
    2. Dodd-Frank
    3. Fair Debt Collection Practices Act (FDCPA)
    4. Telephone Consumer Protection Act (TCPA)
    5. Fair Credit Reporting Act (FCRA)
    6. Expanded Role of CFPB
  2. State regulation – Licensing, Usury
  3. Common complaints filed by borrowers
    1. Qualification procedures
    2. Servicer fees erroneously charged
    3. Misinformation provided about loan
    4. Improper application or allocation of payments
    5. Erroneous deferment terminations
    6. Interest capitalization during during forbearance
    7. Repeated calls/harassment about delinquent loans
  4. Recent enforcement actions

Benefits

The panel will review these and other key issues:

  • What are the primary laws and regulations affecting loan servicing and collection practices?
  • How has enforcement role of CFPB in the student loan industry expanded over the past two years?
  • What are the most common sources of litigation and enforcement actions?
  • How are private and federal student loans treated in bankruptcy?

Faculty

Eric M. Hurwitz, Partner
Stradley Ronon Stevens & Young, Cherry Hill, N.J.

Mr. Hurwitz focuses his litigation practice on defending financial institutions from claims arising out of nearly every type of consumer and commercial financial product. He has extensive experience defending both single plaintiff and class action lawsuits against banks, mortgage lenders and servicers, student lenders, credit card companies, auto finance companies, debt collection companies and other financial services institutions. These include claims under the Truth in Lending Act, Real Estate Settlement Procedures Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act and Telephone Consumer Protection Act, as well as state unfair trade practices laws. He also defends insurers in coverage disputes, including property casualty, flood, disability and life insurance claims, as well as payment and performance bond claims.

Aaron C. Mahler, Partner
Buckley Sandler, Washington, D.C.

Mr. Mahler provides counsel to financial services companies and individuals navigating government enforcement, litigation, and regulatory matters. He focuses much of his practice on representing bank and non-bank financial institutions in government examinations, investigations, and enforcement actions. He regularly counsels clients on issues dealing with intersecting business and compliance considerations, defending clients against regulatory investigations and actions, including those involving the Consumer Financial Protection Bureau, FDIC, DOJ, and the Federal Reserve, as well as in cases involving unfair, deceptive, and abusive acts and practices, the Fair Debt Collections Practices Act, the Equal Credit Opportunity Act, and the Financial Institutions Reform, Recovery, and Enforcement Act.

James M. Milano, Member
Weiner Brodsky Kider, Washington, D.C.

Mr. Milano's practice focuses on federal and state regulatory compliance matters for the financial services industry. He represents and advises mortgage companies, consumer finance companies, financial institutions and secondary market investors on federal and state mortgage banking and servicing issues. He also is nationally recognized as one of the leading lawyers in the area of reverse mortgage law.

Andrew K. Stutzman, Chair, Financial Services Litigation
Stradley Ronon Stevens & Young, Philadelphia

Mr. Stutzman chairs the financial services litigation practice at his firm. He resolves complex disputes through litigation, especially finance-related matters. He has tried civil cases of diverse subject matters in many state, federal and ADR courts throughout his career and assisted in the defense of government investigations and criminal proceedings. Andrew’His team resolves disputes involving consumer or commercial financial products or services. He often speaks at conferences on finance litigation topics.


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Customer Reviews

I liked the combination of the substantive material and the legal perspective.

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Frost Brown Todd

I liked the speaker's overall information on the industry and how compelling the presentation was. The program was very thought provoking, and covered more than what we expected.

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Chapman and Cutler

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The topic covered was very timely, the program was well structured and I appreciated that the speakers addressed very recent issues.

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Banking & Finance Law Advisory Board

Irving C. Apar

Partner

Thompson Hine

Mark N. Berman

Adjunct Professor

Northeastern University

Willa Cohen Bruckner

Partner

Alston & Bird

Lawrence Kaplan

Of Counsel

Paul Hastings

Kevin Petrasic

Partner

White & Case

Laura D. Richman

Counsel

Mayer Brown

Robert M. Stern

Partner

Orrick Herrington & Sutcliffe

Andrew Stutzman

Partner

Stradley Ronon Stevens & Young

or call 1-800-926-7926

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