2016 Course Handouts

Registration is now open for 2017 Regulatory Compliance Seminar.
Westin San Diego, San Diego, California | October 10-13, 2017
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2016 Regulatory Compliance Seminar attendees may download the handouts for sessions at the links below. Handouts are password protected for attendees only. If you are an attendee of the seminar and misplaced your password, please contact NAFCU's Member Service Center at msc@nafcu.org.

Regulation P and Third Party Add-On ProductsEarn CPE Credits

Elizabeth LaBerge, Senior Regulatory Compliance Counsel, NAFCU

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Many credit unions work with third parties to offer insurance or other products to their membership, but jumping through the hoops of Regulation P is complicated. Learn when it is permissible to share members' personal information, what protections must be in place, and how the privacy rules have been affected by recent legislation and regulatory changes.

TCPA: How to Manage the Operational HeadacheEarn CPE Credits

Steve Van Beek, Attorney and Counselor, Howard & Howard Attorneys PLLC

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The Telephone Consumer Protection Act (TCPA) increased compliance and litigation risks by taking an expansive definition of an "automatic telephone dialing system" (auto dialer) and allowing consumers to revoke their consent at any time via any reasonable method. It governs marketing calls, collection calls, text messages, and other communications – including fraud alerts – that are made by credit unions. This session will analyze operational issues credit unions face when managing their TCPA risk, including:

  • The FCC's definition of an "automatic telephone dialing system" (autodialer)
  • Type of consent required for each type of call (marketing, collection, fraud alerts and calls to cell phones)
  • Best practices for obtaining and updating consent
  • Consumer consent revocation and risks related to updated or reassigned phone numbers

NACHA Rule Making UpdateEarn CPE Credits

Amy Morris, Senior Director, NACHA

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Credit unions need to know about the Same Day ACH implementation roll-out, and how to prepare operations to handle these changes that will continue over the next several months. Take advantage of the opportunity to interact with a NACHA rules expert and bring your questions on the ACH Network, recent or needed changes.

Topics covered will include:

  • Implementation of the Unauthorized Entry Fee 
  • Compliance and Minor Changes topics recently approved
  • Third Party Sender Registration Rule passage and compliance 
  • Same Day ACH Phase One roll-out experiences
  • Phase Two and Three Same Day ACH rules and implementation requirements for ODFIs and RDFIs

Military Lending ActEarn CPE Credits

Brandy Bruyere, Director of Regulatory Compliance, NAFCU

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A substantive review of the Military Lending Act, and the operational challenges, including

  • Clear breakdown of the scope of the rule
  • An overview of making oral disclosures
  • Issues regarding statutory liens and share secured products
  • Challenges to look out for with MAPR calculations
  • Possible effects on compliance for credit cards
  • Spotting compliance hurdles
  • Examination expectations

Principles-Based Commercial Loan Risk ManagementEarn CPE Credits

Vin Vieten, Senior Credit Specialist, NCUA

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This session will review the four components necessary for a credit union to successfully employ principles-based risk management of a commercial loan portfolio: qualified staff, risk-focused policy, comprehensive risk identification and management process, and effective oversight by senior management and the board.  

NAFCU Update

Anthony Demangone, EVP & COO, NAFCU

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NAFCU's Executive Vice President and COO Anthony Demangone will provide the latest updates from the association, including the four prong approach NAFCU uses to fuel its culture of extreme member service.

TRID: Grey Areas and GuidanceEarn CPE Credits

Haydn Trechsel, Attorney, Williams, Gautier, Gwynn, DeLoach & Sorenson, P.A.

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Since the October 3, 2015 effective date of the TILA and RESPA integrated disclosure rules, creditors have struggled with questions of interpretation and practical application of the rules. This session will address the timing of provision of the Loan Estimate, Closing Disclosure and revised disclosures; delivery rules, including acknowledgment of delivery to accelerate closing; preapprovals; CFPB guidance regarding simultaneous, subordinate lien loans and construction loans; and other issues.  Compliance with the TRID rules is hard.  This session is intended to make compliance at least a little easier.    

Authentication and Validation: Risk-Reward OpportunityEarn CPE Credits

Brian Vitale, Attorney, Notre Dame FCU

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Member authentication and validation is often seen as a zero-sum game; a table stakes exercise aimed to adequately identify a member at time of onboarding and prior to a requested service. Further, member authentication and validation is an operational necessity governed by our shared fiduciary responsibility across the credit union. Outside of this shared responsibility, has your credit union considered member authentication and validation as a mission critical resource for income preservation? This session will focus on the inverse member authentication and validation risk-reward relationship specific to:

  • Post EMV Plastics Fraud Loss
    • Verified By Visa
    • Card-Not-Present Loss Projections
  • FFIEC Multifactor Authentication
  • Notre Dame FCU Plastics Fraud Loss 2010 through YTD 2016
  • Social Engineering Case Study: New Normal for Member Authentication and Validation

Recommended Field of Study for CPE credits: Management Advisory Services

The Ins and Outs of the Fair Credit Reporting ActEarn CPE Credits

Andrea Stritzke, Director of Lending Compliance, CUNA Mutual Group

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The ins and outs of when you can cross sell your products, and when can you access a member's credit report. The FCRA generally requires a "permissible purpose" to access a consumer's credit report. This session will focus on reporting requirements, keeping prescreen offers of credit compliant including a review of what constitutes a firm offer of credit, disclosure requirements for prescreen offers and use of terms like pre-approved. The session will briefly address limitations on using consumer reports to cross sell other products.

FinCEN Member (Customer) Due Diligence Final RuleEarn CPE Credits

Devon Lyon, JD, NCCO, Director of Education, NAFCU

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Credit Unions are not presently required to know the identity of the individuals who own or control their legal entity customers (also known as beneficial owners). This enables criminals, and others looking to hide ill-gotten proceeds to access the financial system anonymously. This session will go through the requirements of the new rule so Credit Unions can address this weakness and provide information that will assist law enforcement in financial investigations.

Current Trends in Cyber Security RiskEarn CPE Credits

Randy Romes, Principal, CliftonLarsonAllen

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Cybersecurity is now considered the number one risk faced by financial institutions.  Cybersecurity preparedness and risk management will be one of the key areas of focus during upcoming exams.  In this session we will review current industry security risks and examine case study results from first and second quarter regulatory exams with an eye towards the FFIEC Cybersecurity Governance requirements and how financial institutions are successfully utilizing the FFIEC Cybersecurity Assessment Tool (CAT).  We will provide practical advice for how to position the credit unions evolving cybersecurity risk management program. 

Fair Lending Quality Assurance and How to Prepare for a Fair Lending ExamEarn CPE Credits

Marshall Bell, Counsel, BuckelySandler, LLP

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Testing for potential fair lending compliance issues is a critical part of every compliance management system.  Fair lending also is a key area in consumer compliance exams.  In this session, we will review best practices for creating and maintaining a fair lending testing program.  We also will provide practical advice about preparing for a fair lending exam.

Website and Social Media Compliance. Yes, There Are Rules for That!Earn CPE Credits

David Reed, Partner, Reed & Jolly

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Can you imagine a world where branches are obsolete and the entire inventory of financial services is available at the touch of a button from the comfort of anywhere?  Well that world is here and your members are rapidly moving into it. As your millennial marketers dazzle the credit union with ways to connect with hundreds of thousands of people at little or no cost or effort, there is only one thing to remember:  There are rules for that! Join this interactive session as we explore the regulatory compliance challenges that are faced in the new world of social media and what your credit union needs to do to stay ahead of the curve.

This session will cover:

  • Recent trends in Social Media Advertising and New Member Recruitment
  • The application of regulatory requirements to social media
  • Recent regulatory guidance on Social Media
  • Conducting a Social Media Inventory at Your Credit Union
  • Best Practices to Maintain Compliance NEAR the Cutting Edge

UDAAP – We Know It When We See It Earn CPE Credits

John DeLoach, President, Williams, Gautier, Gwynn, DeLoach & Sorenson, P.A.

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Once of the most publicized but least understood provisions of the Dodd-Frank Act is the CFPB's authority to regulate UDAAP (Unfair, Abusive, Deceptive and Abusive Practices). We are left to make our best guesses based on CFPB's enforcement actions, consent orders and statements to date.  In this session, we will cover the UDAAP definitions, CFPB's UDAAP actions and potential future targets for UDAAP action.  Key takeaways from this session will include:

  • Analyses of "unfair,": "deceptive" and "abusive" under the Dodd-Frank Act.
  • CFPB's implementation of UDAAP through enforcement actions and consent orders.
  • The consequences of the absence of an implementing UDAAP regulation.
  • Educated guesses about CFPB's forthcoming UDAAP targets.
  • Incorporation of a UDAAP analysis into your future product and service decisions.

You will leave this session with an understating of UDAAP, an appreciation for CFPB's broad power in this area and guidelines for mitigating UDAAP threats to your credit union.

Mortgage Servicing RulesEarn CPE Credits

Brandy Bruyere, Director of Regulatory Compliance, NAFCU; Elizabeth LaBerge, Senior Regulatory Compliance Counsel, NAFCU

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On August 2, 2016, the CFPB released its Final Rule amending the mortgage servicing requirements in Regulation X and Regulation Z. Learn what has changed as a result of the amendment, and the new expectations regarding:

  • Successors in interest
  • Force-placing insurance
  • Loss mitigation
  • Servicing during bankruptcy

Blah, Blah Blah. Complaints…Identification, Investigation and ManagementEarn CPE Credits

Mitchell Klein, J.D.

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This session will review how to implement a complaint management system at your credit union. We will discuss the various types of complaints that your credit union may receive from its members. You will learn how to identify them and the specific rules and/or regulations that govern the way you respond to them. 

HMDA: A Look at the New RuleEarn CPE Credits

JiJi Bahhur J.D., M.S., NCCO, Manager, Real Estate Lending, Navy Federal Credit Union

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The Home Mortgage Disclosure Act (HMDA) requirements were significantly changed under the final rule issued by the CFPB in October 2015. The changes, mostly effective on January 1, 2018, will, among other things, effect reporting requirements, and place new data gathering requirements on credit unions. Learn the new requirements under the revised rule; the impacts that your credit union will need to consider while implementing the new rule; and what your credit union needs to do to ensure compliance by the mandatory compliance date.

During this session, we will review:

  • The effective dates for the many requirements coming out of the new HMDA rule;
  • What type of institutions are HMDA reporters;
  • The types of loans that have to be reported;
  • The new HMDA data fields you will be required to collect and report; and
  • The key changes to HMDA reporting and disclosure procedures

Marijuana Businesses: Compliance and Legal RisksEarn CPE Credits

John Vardaman, Executive Vice President & General Counsel, Hypur; Andre Herrera, EVP of Banking and Compliance, Hypur

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This presentation will address various legal, compliance, and financial factors concerning the banking of marijuana-related businesses.  We will discuss federal policy governing the enforcement of AML and BSA laws as they relate to marijuana in states where it has been legalized, and how credit unions can satisfy their compliance obligations in this new and evolving market.  We will also address the financial opportunities the marijuana market offers for credit unions in need of new revenue streams.    

2016 NAFCU Regulatory Affairs UpdateEarn CPE Credits

Alexander Monterrubio, Director of Regulatory Affairs, NAFCU

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NAFCU's Regulatory Affairs team works daily with NCUA and federal regulators to help shape new rules with member credit union feedback and perspective. They also gain insight into what's coming down the pike. Get a breakdown of important rules that impact your credit union as well as what should know to keep you prepared for the regulatory road ahead.

NCUA Regulatory UpdateEarn CPE Credits

Tim Segerson, Deputy Director, Office of Examination and Insurance NCUA

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Tim Segerson will discuss the emerging regulatory changes and supervisory initiatives which will be implemented in 2017. Highlights of these changes will include NCUA's Exam Flexibility Initiative, and a look forward at NCUA's examination of IRR Supervision, the final MBL rule, Money Service Businesses, Fraud Prevention, Military Lending Act and CECL.

Current Litigation RisksEarn CPE Credits

Andy Keeney, Partner, Kaufman & Canoles, P.C.

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Has your Credit Union ever been sued? Do you regularly address litigation risks? Have you heard about class action litigation and how there is a growing trend for class action litigation including such traditional activities by credit unions as repossessions or courtesy pay? What do you do? This timely program will highlight some of the growing trends in litigation and how your credit union can be better prepared to hopefully avoid or at least anticipate potential litigation. The topics that we will address will include:

  • Bond coverage and insurance related issues;
  • Document production and legal discovery; and
  • Legal strategies for defenses.

Lawyers will always recommend that a credit union go down fighting. Remember the Alamo? This speaker and this program really highlight viable alternatives for a credit union to consider, both now and in the future.