Tuesday, October 25 Lending Compliance

Transcription

1 Tuesday, October 25 Lending Compliance 7:30 8:30 a.m. Registration and Breakfast 8:30 9:00 a.m. Welcome Regulatory Update Howard Headlee, President, Utah Bankers Association 9:00 9:55 a.m. A Practical Guide for Fair Lending Success Andy Barksdale, Managing Director, TRUPOINT Partners An interactive review of compliance s biggest risk and the best practices associated with mitigating the risk. Audience members will actively participate in a fast paced overview of today s Fair Lending trip wires and best practices. Learn how to evolve your organization to meet the regulator s new expectations. 9:55 10:15 a.m. Break 10:15-11:10 a.m. Breakout Sessions choose one 1) HMDA: Haven or Havoc, Before we know it, the new HMDA rules will be upon us. HMDA has traditionally been a nightmare that many have learned to sleep through, but the expanded rules are sure to conjure up new monsters. Join as she highlights the new HMDA rules, including critical fair lending concerns. She will also provide insight on what you can do now and in 2017 to mitigate your risk for HMDA errors! 2) Developments in Military Lending Law Anthony C. Kaye, Partner, Ballard Spahr Scott M. Pearson, Partner, Ballard Spahr Compliance with the Military Lending Act (MLA) and the Service Members Civil Relief Act (SCRA) is becoming ever more complex. With the recent Department of Defense (DoD) expansion of the definition of consumer credit and the alteration of safe harbor laws for determining whether borrowers are covered under the MLA, it is more important than ever to know your responsibilities to servicemembers. If you offer credit cards, vehicle title loans, payday loans, or essentially any unsecured credit, the MLA rule affects your institution and the responsibility falls on you to determine if a customer is covered. In this breakout session, Anthony C. Kaye will provide an overview of protections afforded by the SCRA and MLA, discuss the DoD's recent interpretive rule for the MLA, and review best practices for MLA and SCRA compliance. 3) The World of Payday Lending in 2017 Paul Cline Supervisor of Money Services Businesses, Utah Department of Financial Institutions The world is shifting beneath short-term, high interest lenders. In this session we will explore the impact of the new CFPB rules and what the Payday world will look like in 2017? 11:20-12:15 a.m. Breakout Sessions - choose one 1) TRID Round-up, TRID issues still popping up despite being in effect for a year now. The examiner reprieve can only last so long. Join this session as we look at construction loan one-time close disclosures and holdbacks, disclosure timing issues, and the currently proposed changes. 1

2 12:15 1:30 p.m. Networking Lunch 2) FCRA Dimitris Rousseas, Deputy General Counsel, Compliance Alliance 3) The Barbarians are Gathering Rick Knuth, Jones Waldo This session will provide a look at some of the litigation cases that a bank compliance professional needs to know about. 1:30 2:25 p.m. Breakout Sessions choose one 1) RESPA - Section 8: Old Rule, New Symptons, When it comes to mitigating risk, most institutions go above and beyond to avoid a RESPA Section 8 violation. The rules of RESPA Section 8 have not changed, but recent enforcement actions and guidance offer new symptoms that you may not have considered. Your institution could be exposed to substantial risks of violating the prohibition on kickbacks, referrals and unearned fees. This session will highlight the requirements and provide insight into what you may be overlooking. We will also share key word choices that are leaving institutions open to examiner Section 8 scrutiny. 2:25 2:45 p.m. Break 2) Flood Insurance Compliance Hot Topics John Short, Vice President, Business Development, LERETA This session will clear up questions about the current flood insurance rules since Biggert- Waters and HFIAA. We will go through the basics of the mandatory purchase of flood insurance requirements, escrow of all residential flood insurance premiums, force place insurance and private flood insurance policies. 3) Developments in Military Lending Law (repeated) Anthony C. Kaye, Partner, Ballard Spahr Scott M. Pearson, Partner, Ballard Spahr Compliance with the Military Lending Act (MLA) and the Service Members Civil Relief Act (SCRA) is becoming ever more complex. With the recent Department of Defense (DoD) expansion of the definition of consumer credit and the alteration of safe harbor laws for determining whether borrowers are covered under the MLA, it is more important than ever to know your responsibilities to servicemembers. If you offer credit cards, vehicle title loans, payday loans, or essentially any unsecured credit, the MLA rule affects your institution and the responsibility falls on you to determine if a customer is covered. In this breakout session, Anthony C. Kaye will provide an overview of protections afforded by the SCRA and MLA, discuss the DoD's recent interpretive rule for the MLA, and review best practices for MLA and SCRA compliance. 2:45 3:40 p.m. What Does the Future of Marketplace and Alternative Lending Look Like? Anthony C. Kaye, Partner, Ballard Spahr Scott M. Pearson, Partner, Ballard Spahr Regulatory headwinds are starting to blow, what does this mean for the future of marketplace and alternative lending? In this session, Scott M. Pearson and Anthony C. Kaye will discuss the most important compliance issues facing the industry, including: the viability of certain origination structures, areas of current regulatory focus such as state licensing, ongoing enforcement actions, and the likely return of class actions, and best practices for risk mitigation. 4:00 p.m. Adjourn Evening Dine Arounds or Dinner on Your Own 2

3 Wednesday, October 26 Compliance Management 7:30 8:30 a.m. Registration and Breakfast 8:30 10:10 a.m. Welcome Regulator Panel -Debra Pearlman, FDIC -Eva Rees, Department of Financial Institutions -Rachel Obermeier, OCC - Jason Lew, Federal Reserve -Chris Kilian, CFPB -Moderator Dimitris Rousseas, Deputy General Counsel, Compliance Alliance 10:10 10:25 a.m. Break 10:25 10:50 a.m. Roundtables with the Regulators 10:50 11:40 a.m. UDAAP: Oh What a Tangled Web We Weave The road once less traveled appears to be the road most traveled these days with webs of unfair, deceptive or abusive acts and practices increasingly overshadowing Lettered Regulation violations. Join as she highlights the fangs of UDAAP compliance, recent consent orders, and key considerations to avoid getting bitten! 11:40 12:30 p.m. Networking Lunch 12:30-1:20 p.m. Collections TBA This session takes a practical approach to compliance with the mandates and prohibitions of the FDCPA, together with tips on how to collect effectively while staying within the bounds of the law. 1:25-2:15 p.m. Breakout Sessions choose one 1) Managing Complaints: An Effective Complaint Management Program When Mr. or Mrs. Jones had an issue, you took care of it; end of story. But, with today s vast technology and apps along with the CFPB s taunt of Complain Here, institutions must have a strong Complaint Management Program to ensure an effective response process. We will look at key components of an effective complaint management program, including distinguishing complaint vs. inquiry vs. error resolution. 2) Employment Law, Hiring Guidelines and Incentive Compensation Michael O Brien Attorney, Jones Waldo This session will provide a look at employment law, hiring guidelines, incentive compensation, FMLA, FLSA, developments in federal wage and hour law, proposed DOL regulations concerning exempt classification, overtime, creating and protecting the bank s salaried-exempt status. 3) Reg W TBA 3

4 2:20 3:10 p.m. CMS Bobby Clemons Senior Compliance Examiner, FDIC This session will focus on how to use Compliance Risk Assessments to implement a strong CMS, and building a strong CMS before implementing a new product or service. 3:10 4:00 p.m. Third Party Risk Management: Friend or Foe? Regulators are increasingly scrutinizing the bank s third party relationships and rightfully so. Cybersecurity, add-on products, debt collection and mortgage servicing issues have thrust third party risk under the regulatory web. Would your third party risk management program pass muster? Join us as we look at the examiner expectations of the life cycle of vendor management as well as address that indemnification clause so many rely on. 4:00 p.m. Adjourn Evening Dine Arounds or Dinner on Your Own 4

5 Thursday, October 27 Deposit Compliance 7:30 8:30 a.m. Registration and Breakfast 8:30 9:35 a.m. Welcome Customer Due Diligence/Beneficial Ownership Are You Ready? Michael Cox Senior Examiner, FDIC This session will provide an understanding of what is needed to implement the Final CDD/Beneficial Ownership Rule, identifying how the Final Rule applies to the due diligence process and preparing for the May 11, 2018, implementation deadline. 9:45 10:40 a.m. Breakout Sessions choose one 1) GLBA Dimitris Rousseas, Deputy General Counsel, Compliance Alliance 2) Marketing and Advertising: Trick or Treat? Does that product or service promotion promise a bag full of goodies only to leave the unsuspecting customer with a headache from mischief? Whether you are promoting your products and services in print or through telemarketing, join this session for a look at recent regulatory actions from fulfilling reward program commitments to Telephone Consumer Protection Act (TCPA) opt-outs and how you can avoid being left holding the bag. 10:50 11:45 a.m. Breakout Sessions choose one 1) ADA Compliance Dimitris Rousseas Deputy General Counsel, Compliance Alliance 2) Stoners, Skiers and Bankers The Sliding Slope of Banking the Marijuana Industry Steve Waterman, Partner, Dorsey & Whitney Joe Lynyak, Partner, Dorsey & Whitney Nick Vlietstra, Partner, Dorsey & Whitney This session will take a look at practical coping strategies to ensure effective compliance risk management, including identifying and managing customer relationships that are in the recreational and/or medical marijuana business. 11:45 1:45 p.m. Lunch and Speaker The Power of Playing to Your Strengths Ryan Houmand, Co-Founder, Qwerke According to Gallup, only 30% of U.S. workers are engaged on the job. That means 7 out of 10 people you pass on the street hate Monday. They hate Monday because they don t use their innate talents every day. There is real power in playing to your natural talents. Everybody s done it at some time in their lives. It may have been long ago and for a short period, but you ve been there. Find out how to get back that place where you do what you do best every day. Guess what, you don t have to change careers to get there. 1:45 2:05 p.m. Break 2:05 2:50 p.m. Protecting our Most Vulnerable The Responsibility of a Financial Institution Tracy Larson, Vice President, Special Projects Manager, Bank of American Fork Nan Mendenhall, Adult Protective Services Director, Utah Division of Aging and Adult Services Studies have estimated the monetary loss to seniors, government programs, and financial institutions due to the financial exploitation of seniors ranges between $2.9B and as high as $36B a year. In Utah, that loss is close to $1M a day, with 57% of the perpetrators being family 5

6 members. Many organizations, including American Bankers Association, Consumer Financial Protection Bureau, and AARP, are offering financial institutions guidance on how to protect their senior customers and themselves from loss. This workshop addresses the mandatory responsibility of financial institutions in identifying and reporting cases of older adult financial exploitation (Utah Code 62A-3-305), the 2013 Federal Interagency Guidance on Privacy Laws and Reporting Financial Abuse of Older Adults, and the support that is available through various organizations, specifically with Utah s Adult Protective Services. 2:50 3:40 p.m. Cybersecurity Bryan Boam, President and CEO, Azuriety 4:00 p.m. Adjourn 6