Join Karel Rocha, Esq. on Thursday, JULY 7, 2022 at 10:00 a.m. Pacific Time for a Reg F update webinar. The webinar will provide your company with a comprehensive update on the following topics:

• 7-in-7 Phone call rules,
• Email and Text Communications,
• Use of Limited Content Messages, and
• CFPB Model Debt Validation Notice.

Mr. Rocha will also be providing an update on the current state of FDCPA litigation in the United States, including the current status of Hunstein v. Preferred Collection (11th Circuit) and various similar lawsuits filed by debtors in other jurisdictions.

This WEBINAR will be LIVE on July 7, 2022 and thereafter available for replay for 60 days. Mr. Rocha will also provide written materials for all attendees who sign up.

The cost of this webinar will be $99.00 per attendee and is expected to last 1.5 to 2 hours. 

LIVE QUESTION AND ANSWER PERIOD AT THE CONCLUSION OF THE PRESENTATION.

Please contact Karel Rocha at krocha@pnbd.com to sign up for the webinar, receive your PayPal link, and to receive your Microsoft Teams Webinar link. We look forward to having you join us for this webinar.

Principal and Shareholder

PRENOVOST, NORMANDIN, DAWE & ROCHA
CA Debt Collection Licensing Act (“DCLA”)
Location: Hotel Del Coronado, San Diego, California

California passed the Debt Collection Licensing Act in September 2020 (SB 908). Beginning on January 1, 2022, the law provides for licensure, regulation, and oversight of all debt collectors by the California Department of Financial Protection and Innovation (“DFPI”) commissioner. Please join Karel Rocha, Esq. as he provides an update and guidance on the law’s requirements and debt collection industry ramifications.

Book by Phone: 1-800-HOTEL-DEL
To secure your preferred sleeping room, we recommend making your reservations as soon as possible. A deposit equal to one night’s stay is required to hold each individual reservation.
Group Room Rate: $280 per night
Resort Fee: Waived for attendees
Group Name: Joseph A. McDonald Credit Union Attorney Conference
Reservation Deadline: Tuesday, November 16
Rooms are available on a first-come, first-served basis and must be guaranteed to a major credit card at the time of booking.
All guests are subject to taxes on their room. Guests of this confernece may take advantage of group rates, while available. All rooms and rates are subject to availability.
Reservation Cancellation: Cancellations made three (3) working days prior to arrival to avoid cancellation penalties, and a cancellation number is obtained.

Karel Rocha will be a featured panelist at the Educational Summer Seminar being held at The Venetian, Las Vegas from Friday August 23 to 25, 2019. The subject of the Seminar will be the Fair Debt Collection Practices Act (“FDCPA”), vendor compliance and various legal updates relating to these topics. The event is open to credit unions. Please contact Karel Rocha at (714) 547-2444 or at krocha@pnbd.com if you are interested in attending.

It is important as collectors that we are aware of what we are allowed to do and not do when attempting to collect on that delinquent loan. Mr. Rocha will be discussing the Consumer Financial Protection Bureau’s recent updates to the FDCPA in detail. Karel Rocha represents credit unions, escrow companies, banks and financial institutions in all manner of civil litigation, including consumer finance and real estate matters. Click the image below to access the flyer.

Karel Rocha, Esq., will provide a legal update affecting your collections and risk management departments. Karel will discuss recent California, Federal 9th Circuit and US Supreme Court legal decisions pertaining to the FDCPA, TCPA and also provide a CFPB update that pertains to first-party and third party collections practices.

These proposed rules will have a significant impact on debt collections practices in the industry (both for third party debt collectors and first parties that employ them).

Per the CFPB, the proposed rules would:

(1) Establish a clear, bright line rule limiting call attempts (no more than 7 per week, per debt),

(2) Clarify consumer protection requirements for certain consumer-facing debt collection disclosures,

(3) Clarify how debt collectors can communicate with consumers,

(4) Prohibit lawsuits and threats of lawsuits on time-barred debt, and

(5) Require communication with the debtor before engaging in credit reporting.

The proposed rules are 538 pages long and are meant to amend Regulation F, 12 CFR part 1006, which implements the Fair Debt Collection Practices Act (FDCPA) and currently contains the procedures for State application for exemption from the provisions of the FDCPA.

The CFPB has established a 90-day comment period for the proposed rules. Please contact us if you would like to discuss the potential impact of these new and wide-ranging proposed rules to your organization.

The CFPB Notice of Proposed Rulemaking can be found here.

In a unanimous decision, the Court ruled that a business engaged in no more than non-judicial foreclosure proceedings is NOT subject to all of the requirements and prohibitions applicable to “debt collectors” under the FDCPA.

Specifically, the Court held that the defendant, McCarthy & Holthus, (an agent for a foreclosing bank) was only subject to the FDCPA’s prohibitions under 15 USC 1692f(6) which regulates activity relating to enforcement of security interests.

Section 1692f(6) sets forth a prohibition against taking or threatening to take any non-judicial action to effect dispossession or disablement of property if:

(A) There is no present right to possession of the property claimed as collateral through an enforceable security interest;

(B) There is no present intention to take possession of the property; or

(C) The property is exempt by law from such dispossession or disablement.

The Court further ruled that the other FDCPA prohibitions would not apply to the defendant unless it also engaged in other qualifying “debt collector” activity. The Plaintiff had been attempting to expand the application of all of the FDCPA prohibitions to non-judicial foreclosure activity.

The case is Obduskey v. McCarthy & Holthus and a copy of the US Supreme Court decision can be accessed here.

Please contact us if you would like to discuss how this new legal decision may affect your business.

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In reversing the lower court, the Court of Appeal ruled that an employer can unilaterally change the terms of an at-will worker’s employment agreement as long as the following occurs:

1. The employer provides notice of the change, and
2. The alteration does not violate a statute or breach an implied or express contractual agreement.

The court therefore ruled that an “adhesive” agreement to arbitrate can still be enforced so long as there is no evidence of surprise or sharp practice which demonstrates that the agreement is substantively unconscionable.

The case is Diaz v. Sohnen Enterprises and a copy of the Court of Appeal decision can be accessed here.

Please contact us if you would like to discuss how these new laws may affect your business.