News & Events

Class Settlement Agreements: Consent Judgments with Covenants not to Enforce

Location: New York Marriott Downtown, New York, NY
Date: January 29, 2014

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Jeff Pilgrim joins an esteemed panel of class action lawyers to discuss new and emerging cases and theories, the continuing impact of Dukes and its progeny on certification, new settlement considerations, removal issues and strategy and discovery practices.

Event Highlights:
ACI’s 18th Consumer Finance Class Actions & Litigation will provide attendees with the latest insights and expert advice from our exceptional faculty on new class action trends, emerging theories of liability, the latest enforcement actions and regulatory initiatives, and the most effective defense and settlement strategies. Sessions include:

  • Federal and state emerging regulatory initiatives, enforcement actions, and investigations
  • CFPB oversight of the industry: new and emerging regulatory priorities, lessons learned from recent enforcement actions, broad UDAAP standards being applied, and the latest scrutiny of student loan payments, auto lenders, debt collectors, and payday lenders
  • Class Actions: new and emerging cases and theories; the continuing impact of Dukes and progeny on certification; new settlement considerations; and using CAFA and other developments in your favor with regard to “predominance,” discovery practices as courts look to the merits, standards for removal (including removal of AG actions), remand fights, stipulations limiting damages
  • Consumer arbitration agreements and class action waiver enforceability
  • Evolving theories of recovery for residential mortgage litigation & regulatory enforcement: defending against claims arising from loan servicing, loss mitigation, loan modification/HAMP, foreclosures (including standing and foreclosure attacks), MERS, lender-placed insurance
  • The CA Homeowner Bill of Rights: assessing its current impact on the industry
  • The evolving focus on consumer debt, debt collection (creditors that originate and collect debt and third-party debt collectors) and the credit reporting markets: effective defense strategies for new and emerging claims and enforcement actions arising from TCPA, FDCPA, and FCRA
  • Implications of “big data”: what financial services companies and their outside counsel now need to know given the progress that the CFPB and OFR have made
  • Fair lending: “disparate impact” claims as litigation and enforcement game changers and defending and managing the latest claims of discriminatory lending
  • Student Lending: enforcement action and ensuing private litigation
  • The latest targets in the auto financing industry, including dealer “participation”/ “markup” claims under indirect auto lending
  • Defending against new and emerging claims relating to credit, debit, and prepaid cards and bank add-on services and products

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