The MSBA's Business Law Section Banking Committee and Consumer Litigation Section Present
"The new Dodd Frank ban on “abusive” acts and practices: No, you don’t know it when you see it"
The Dodd Frank Act creates a new prohibition: the Bureau of Consumer Financial Protection is charged with promulgating rules identifying acts and practices as “abusive”. Anyone who provides financial services or products to consumers is prohibited from engaging in abusive acts and practices. The Act allows for Civil Money Penalties, damages, and rescission, among other relief. The reach of the law extends to those who provide services to those who provide the product /service, and to those, including attorneys, who knowingly or recklessly provide substantial assistance to such a provider. While the law provides a form of definition for “abusive” ( Materially interfere with the ability to understand, take unreasonable advantage of consumer’s lack of understanding or consumer’s ability to protect her interests or consumer’s reliance on the provider) in reality the term is hopelessly vague. What materially interferes with understanding and takes unreasonable advantage is left to the Bureau and the courts to define. This presentation will present the legislative history, the use of the term “abuse” in our laws heretofore, and a proposed refinement to the definition.
Gregory J. Pulles, Briggs and Morgan, PA
Joseph T. Green, Senior Vice President/General Counsel, TCF Financial Corporation
1 hour of Standard CLE credit approved
Event Code: 161262
Date: Monday, November 14, 2011
Time: 11:45 a.m. to 1:15 p.m.
Location: MSBA Offices
600 Nicollet Mall, Suite 380
Minneapolis, MN 55402
Please join us for lunch beginning at 11:45 a.m., followed by the seminar from 12:15 - 1:15 p.m.
Teleconferencing/webcasting is available upon request. Please see additional instructions below.
Section Members: $15.00
MSBA Members (Not Business or Consumer Section Members): $25.00
Non-MSBA Members: $35.00
Teleconferencing/webcasting is available. Request instructions when registering or contact Elyse Farnsworth prior to November 11.
Refunds will be processed for cancellation requests received in writing on or before noon on the registration deadline. Requests should be directed to the event contact person listed at the bottom of this notice. Cancellation requests received after this time are not eligible for refunds. You may send a colleague in your place if you are unable to join us and the registration deadline has passed.
Requests for an exception to this policy should be directed to Elyse Farnsworth, Section Services Director, by e-mail or at (612) 278-6336