CFSC Monthly Meetings – Updates and Topics

The Consumer Financial Services Committee held its monthly Zoom meeting on October 20^th.  This was our first meeting for the 2021-2022 Committee term.  We met our two new Chairs:  John A. Kimble (Manatt Phelps & Phillips, LLP) and Michael Guerrero (Hinshaw & Culbertson LLP).  First, we spent time talking about goals and objectives.  See below for details.  Then Tricia Englehardt (Aldrich & Bonnefin, PLC) gave us an excellent update on debt collection issues under state and federal law. For a copy of Tricia’s slides, please email John JKimble@manatt.com  or Michael at mguerrero@hinshawlaw.com.

Our next Zoom meeting will be on November 17^th at 11:00 a.m. when Taylor Steinbacher (Senior Counsel in the Department of Financial Protection & Innovation’s Enforcement Division) will be discussing current issues impacting the student loan and financing industry. More details on this meeting below.  If you would like to join us with Taylor for his presentation, you can Zoom in at 11:00 a.m. on Nov. 17 using this link.

CFSC Plans – Goals and Objectives. This year we intend to continue to host meaningful discussions with industry participants, regulators, consumer advocates and plaintiff and defense counsel. Over the course of the 2021-2022 CFSC term we intend to:

• Send alerts and updates relating to developments that may impact those in the industry.
• Host monthly meetings for committee members and at least four meetings for all CFSC constituents.
• Engage with state legislatures and regulators.
• Help practitioners expand their network within the community.
• Host roundtable discussions on pertinent CFS topics.

None of this can be done without the continued involvement of our Committee members, who we thank for attending the monthly meetings and making other valuable contributions.  We are actively seeking new Committee members and vice-chairs. If you have any interest, or know of anyone who may, please contact John Kimble or Michael Guerrero.

Meetings.

1. October 20:  Tricia Englehardt brought us up to date on several critical debt collection issues:
   • Hunstein v. Preferred Collection & Mgmt., is an 11^th Circuit case that is generating questions about how sharing consumer financial information when using a third-party debt collector may create problems under federal and state privacy laws.
   • The Consumer Financial Protection Bureau’s Regulation F applies to debt collection and has presented interpretive issues, some of which are addressed in the CFPB’s published materials but not all.
   • California has new debt collection rules and licensing requirements, including possible application to lawyers providing legal services to clients.  Also of interest:  will these new licensing requirements apply to employees or only at the corporate/business entity level?  This part of the dialogue was spirited and especially informative.
     
2. November 17: Taylor Steinbacher (Senior Counsel in the Department of Financial Protection & Innovation’s Enforcement Division) will be discussing current issues impacting the student loan and financing industry, including:
   • An overview of the Department, including details about the name change from DBO to DFPI and its new authority under the California Consumer Financial Protection Law.
   • A discussion of the California Student Loan Servicing Act, as well as the difference between what DFPI handles versus what the Bureau of Post Private Secondary Education handles.
   • The Department’s Income Share Agreement (ISA) consent order and the CFPB’s ISA settlements.
   • The Department’s work in the student loan debt relief space.

Joining CFSC is simple, and you can do it online. We are actively looking for new members, so consider clicking BLS Standing Committees to apply and become active in and aware of how Consumer Law is developing. Our members come from consumer advocacy firms and from those representing financial institutions – BOTH SIDES, in other words. Join us in a civilized and informed discussion of the issues you face today.