Top Issues Facing Today’s Debt Collectors and Ethical Rules of Professional Conduct Applicable to Lawyers Engaging in Collection Activity

Caren Enloe | Smith Debnam Law

Caren Enloe leads Smith Debnam’ s consumer financial services litigation and compliance group. Caren defends consumer financial service providers and members of the collection industry in state and federal court, as well as in regulatory matters involving a variety of consumer protection laws. Caren provides compliance services to a variety of fintech companies, law firms and collection agencies regarding an array of consumer finance issues.

Caren is an active trade group participant. She currently serves as chair of the Debt Collection Practices and Bankruptcy subcommittee for the American Bar Association’s Consumer Financial Services committee and as co-chair of the National Creditors Bar Association’s Bankruptcy Committee. She additionally is a member of the Defense Bar for the National Creditors Bar Association, vice-chair of ACA International’s Women in Consumer Retail Collections Committee, a member of the Bank Counsel Committee of the North Carolina Bankers Association, and the Governing Committee for the Conference on Consumer Finance Law. In 2018, Ms. Enloe was named one of the “20 Most Powerful Women in Collections” by Collection Advisor, a national trade publication.

An active writer and speaker, Caren oversees a blog dedicated to consumer financial services and has been published in a number of publications including the ABA’s Business Law Journal, Journal of Taxation and Regulation of Financial Institutions, California State Bar Business Law News, Banking and Financial Services Policy Report and Carolina Banker. Caren recently co-authored an article on the Debt Collection Rulemaking which is expected to be published in the American Bar Association’s The Business Lawyer in early 2022.

Jason Bruno | Sherrets Bruno & Vogt LLC

Mr. Bruno is an experienced multi-jurisdictional trial and appellate attorney licensed in Arizona, Texas, Nebraska, the U.S. District Courts for the Districts of Nebraska, Arizona, and Texas, and the U.S. Courts of Appeals for the Eighth and Ninth Circuits. Mr. Bruno focuses his practice on civil litigation, legal malpractice, and eminent domain. Mr. Bruno has tried more than 20 jury trials, handled more than 40 appeals, and regularly speaks at seminars on various topics, including ethics.

Session I – Top Issues Facing Today’s Debt Collectors | 2:00pm – 3:40pm

• CFPB’s renewed interest in debt collection and recent rulemaking | 2:00pm – 2:10pm
• The evolution of Article III standing and its impact on debt collection litigation | 2:10pm – 2:20pm
• Debt Validation Notices and Common Traps under Regulation F | 2:20pm – 2:30pm
• Overshadowing violations | 2:30pm – 2:40pm
• Is the Use of a Third-Party Vendor an Impermissible Third-Party Communication? | 2:40pm – 2:50pm
• Time-Barred Debt | 2:50pm – 3:00pm

Break | 3:00pm – 3:10pm

• False, Deceptive, and Misleading Representations | 3:10pm – 3:20pm
• Frequency Limitations for Communications | 3:20pm – 3:30pm
• Litigation Dos and Don’ts | 3:30pm – 3:40pm

Session II – Ethical Rules of Professional Conduct Applicable to Lawyers Engaging in Collection Activity | 3:40pm – 4:50pm

• Dos and don’ts of communication with third parties when collecting a debt | 3:40pm – 4:00pm
• Upholding the Rule of Law when collecting a debt | 4:00pm – 4:10pm

Break | 4:10pm – 4:20pm

• Upholding the Rule of Law when collecting a debt (part II) | 4:20pm – 4:30pm
• Avoiding the unauthorized practice of law when collecting a debt | 4:30pm – 4:50pm