FDCPA

Bankruptcy News Briefs 8/15

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Top of The Week News…

GAO Releases Report on CFPB’s SBREFA Panels

FCC Clarifies Application of TCPA to Calls Made by Schools and Utilities

A Win for Consumers! FCC Limits Robocalls for Collectors of Federal Student Loan Debt

Late-Filed Return Not Honest and Reasonable Attempt to Comply

CFPB Presents Significant New Regulatory Requirements for Third-Party Debt Collectors

CFPB Seeks Input On Changes To Consumer Complaint Process

College May Keep Tuition Money Paid by Bankrupt Parents, Judge Rules

The medical debt crisis: The prognosis is still dire for Americans struggling to pay off massive health care bills

The stimulus wore off. What now?

UPCOMING WEBINARS

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CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL
REGISTER HERE

Payday lenders purposefully ensnare people in debt they can’t escape. Payday and car title lenders drain more than $8 billion in fees annually. They collect 75 percent of their fees from people stuck in more than 10 loans a year by charging 300 percent APR. It’s a debt trap. Payday loan borrowers are more likely to fall behind on other bills and to file for bankruptcy.

In June, the CFPB proposed new rules to address the payday car title lending debt trap. Learn from experts at the Center for Responsible Lending about the payday loan debt trap, the proposed regulations, and how you can take action to strengthen the proposed rule.

Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems
with Non-Bankruptcy Causes of Action
DATE: Thursday, September 22, 2016 – 3:00 PM EST / 12:00 PM PST
COST: $25 NACBA Member, $75 Non-Member
PRESENTERS:
Judge Paul W. Bonapfel, Northern District of Georgia
J. Erik Heath, Esq., Consumer Bankruptcy Attorney, San Francisco, CA
John Rao, Esq., National Consumer Law Center, Inc.
REGISTER: HERE

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

There are more than articles in the Consumer Bankruptcy Journal. Read the Board Annoucments, All the details on NACBA’s Fall Workshop, Updates on Events such as the 2 Day Law Firm Marketing Bootcamp, and more.

MARK YOUR CALENDARS

Free Registration to NACBA’s 2016 Fall Workshop Members-Only Cruise (Miami, FL – Nassau, Bahamas)

October 6-10, 2016

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Visit the NACBA Facebook page and enter to Win a Free Registration to the Fall Workshop Members Only CruiseJust LIKE the Post & SHARE on your page for a chance of winning one (1) FREE Registration (total value $594) to NACBA’s 2016 Fall Workshop Members Only Cruise (Miami, FL – Nassau, Bahamas), October 6-10, 2016. This prize package includes registration to the Pre-Cruise Tax Session.

Contest Expires August 26th, 2016 Winner Announced August 29th, 2016 . Non-Transferable. One (1) winner selected. Current Membership in NACBA Required. Good luck!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 8/12

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Kicking Off Friday…

District Court Gets it Wrong in Chapter 13 Lien Strip Case

Crawford Case for FDCPA ‘Time-Barred’ Proof of Claim, Case Was Itself ‘Time-Barred’

7th Cir. Deepens Split on FDCPA Liability for ‘Time-Barred’ Claims

FCC Adopts TCPA Rules for Exemption of Federal Government Debt Collection Calls

Colleges Push Back on Student-Debt-Forgiveness Plan

Student debt collectors want to robo-call your cellphone, but FCC says not so fast

New Rules Could Make Robocalls Less of a Nuisance

What You Need To Know About New Rules Allowing Debt Collection Robocalls From Feds

Majority: Attempt to collect stale debt not deceptive

How Long are Arizona Judgments Enforceable?

UPCOMING WEBINARS

NACBA Webinars Web Banner (1)

CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL
REGISTER HERE

Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems
with Non-Bankruptcy Causes of Action
DATE: Thursday, September 22, 2016 – 3:00 PM EST / 12:00 PM PST
COST: $25 NACBA Member, $75 Non-Member
PRESENTERS:
Judge Paul W. Bonapfel, Northern District of Georgia
J. Erik Heath, Esq., Consumer Bankruptcy Attorney, San Francisco, CA
John Rao, Esq., National Consumer Law Center, Inc.
REGISTER: HERE

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

It’s the weekend! A Perfect time to read today’s Consumer Bankruptcy Journal Spotlight, “#NACBA2016: Is Your Business a Force to Be Reckoned With?” by Christine Kieta, P.C. 

MARK YOUR CALENDARS

Free Registration to NACBA’s 2016 Fall Workshop Members-Only Cruise (Miami, FL – Nassau, Bahamas)

October 6-10, 2016

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Visit the NACBA Facebook page and enter to Win a Free Registration to the Fall Workshop Members Only CruiseJust LIKE the Post & SHARE on your page for a chance of winning one (1) FREE Registration (total value $594) to NACBA’s 2016 Fall Workshop Members Only Cruise (Miami, FL – Nassau, Bahamas), October 6-10, 2016. This prize package includes registration to the Pre-Cruise Tax Session.

Contest Expires August 26th, 2016 Winner Announced August 29th, 2016 . Non-Transferable. One (1) winner selected. Current Membership in NACBA Required. Good luck!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 8/11

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Thursday’s Headlines…

Credit Card Balances Influence Increase in Household Debt

Consumers’ Household Finance Expectations Continue to Improve

FDCPA Safe Harbor Buried within CFPB Mortgage Rules

Most CFPB Small Business Panelists Disagree with Agency Rules: GAO

CFPB Lawsuit Barred by U.S. Inaction, Payment Firm Says

CFPB debt collection proposal called most significant change in 30 years

Producers Beware: What happens when your movie distributor files bankruptcy?

BNA Insights: Statute of Limitations for Disgorgement Claims in SEC and CFPB Enforcement Actions

UPCOMING WEBINARS

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Don’t Miss Today’s Webinar!

How To Build a Thriving Bankruptcy Practice In A Down Market
DATE: Thursday, August 11, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTER: Mr. Richard James
REGISTER HERE

CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL
REGISTER HERE

Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems
with Non-Bankruptcy Causes of Action
DATE: Thursday, September 22, 2016 – 3:00 PM EST / 12:00 PM PST
COST: $25 NACBA Member, $75 Non-Member
PRESENTERS:
Judge Paul W. Bonapfel, Northern District of Georgia
J. Erik Heath, Esq., Consumer Bankruptcy Attorney, San Francisco, CA
John Rao, Esq., National Consumer Law Center, Inc.
REGISTER: HERE

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

Take a moment to kick back and read, “The President’s Report,” by Edward Boltz in today’s Consumer Bankruptcy Journal Spotlight!

MARK YOUR CALENDARS

Free Registration to NACBA’s 2016 Fall Workshop Members-Only Cruise (Miami, FL – Nassau, Bahamas)

October 6-10, 2016

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Visit the NACBA Facebook page and enter to Win a Free Registration to the Fall Workshop Members Only CruiseJust LIKE the Post & SHARE on your page for a chance of winning one (1) FREE Registration (total value $594) to NACBA’s 2016 Fall Workshop Members Only Cruise (Miami, FL – Nassau, Bahamas), October 6-10, 2016. This prize package includes registration to the Pre-Cruise Tax Session.

Contest Expires August 26th, 2016 Winner Announced August 29th, 2016 . Non-Transferable. One (1) winner selected. Current Membership in NACBA Required. Good luck!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 8/10

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Over the Hump Headlines…

Illinois Governor Bruce Rauner Nixes Bill Connected to His Former Business Life in Debt Collection

Ninth Circuit Court of Appeals Rules – Failure to Specifically State “This Communication is From a Debt Collector” is Not FDCPA Violation

Location, Location, Location – A Brief Overview of Personal Jurisdiction, Forum Selection Clauses, and Why They Matter

Creditors Beware-Automatic Stay Violations Can Lead to Massive Punitive Damages

CFPB Issues 2016 Annual Plain Writing Act Compliance Report

What You Need To Know Now About The CFPB’s Debt Collection Proposal

Slideshow 10 worst states for student loan debt

Foreclosures Drop Sharply from Last Year

UPCOMING WEBINARS

NACBA Webinars Web Banner (1)

How To Build a Thriving Bankruptcy Practice In A Down Market
DATE: Thursday, August 11, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTER: Mr. Richard James
REGISTER HERE

CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL
REGISTER HERE

Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems
with Non-Bankruptcy Causes of Action
DATE: Thursday, September 22, 2016 – 3:00 PM EST / 12:00 PM PST
COST: $25 NACBA Member, $75 Non-Member
PRESENTERS:
Judge Paul W. Bonapfel, Northern District of Georgia
J. Erik Heath, Esq., Consumer Bankruptcy Attorney, San Francisco, CA
John Rao, Esq., National Consumer Law Center, Inc.
REGISTER: HERE

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

Creative lawerying may be needed for those who are facing privates student loan lawsuits that are becoming common as student loan debt climbing to astounding figures . Read, “In Spate of Private Student Loan Lawsuits, One Defense Stands Out,” by Richard Gaudreau in NACBA’s Consumer Bankruptcy Journal as he discusses what you can do for your clients.

MARK YOUR CALENDARS

Free Registration to NACBA’s 2016 Fall Workshop Members-Only Cruise (Miami, FL – Nassau, Bahamas)

October 6-10, 2016

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Visit the NACBA Facebook page and enter to Win a Free Registration to the Fall Workshop Members Only CruiseJust LIKE the Post & SHARE on your page for a chance of winning one (1) FREE Registration (total value $594) to NACBA’s 2016 Fall Workshop Members Only Cruise (Miami, FL – Nassau, Bahamas), October 6-10, 2016. This prize package includes registration to the Pre-Cruise Tax Session.

Contest Expires August 26th, 2016 Winner Announced August 29th, 2016 . Non-Transferable. One (1) winner selected. Current Membership in NACBA Required. Good luck!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 8/5

nacbapictureIn Today’s News…

New York Region’s Consumer Distress Remains Below National Average

CFPB Wants to Add Consumer Survey to Complaint Closing Process

FDCPA Case Law Review for July 2016

Credit Card Market Grows in First Quarter

Courts Continue to Look for “Actual Harm” in TCPA Cases

Singletary: New CFPB rules might limit access to credit

Cheat Sheet: How CFPB Is Changing Mortgage Servicing (Again)

PHH Corp. v. CFPB: Six Issues to Watch

Federal Reserve of St. Louis Issues Debt Report

NCLC Statement re: CFPB Final Mortgage Servicing Rules

Consumers Want Action On Illegal Debt Collection

Losing Both Ways: Debtor Diligence in the Identification of Claims

UPCOMING WEBINARS

NACBA Webinars Web Banner (1)

How To Build a Thriving Bankruptcy Practice In A Down Market
DATE: Thursday, August 11, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTER: Mr. Richard James
REGISTER HERE

CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL
REGISTER HERE

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

#NACBASF was a convention to remember! Grace Pazdan shares her thoughts in her article, “The NACBA Convention Experience,” in today’s Consumer Bankruptcy Journal Spotlight.

MARK YOUR CALENDARS

Register Now for the Early Bird Rate!

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Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10thwith a a Pre-Cruise event  and a Launch Party on October 6th. Get great savings by taking advantage of the Early Bird Rate ending, September 2nd! Check out the ScheduleandRegisterToday!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 7/28

nacbapictureWhat’s Happening Today?

Breaking News: CFPB Releases Outline of Proposals for Debt Collection Rulemaking

Three-Month Debt Collection Complaint Average Continues to Decline

Funds in Joint Account Belong Solely to Non-Debtor

Advocates Applaud CFPB Proposed Debt Collection Rules but Additional Provisions Are Needed

Direct access to insurers of insolvent entities at last? Third Parties (Rights Against Insurers) Act 2010

Debt collectors face tighter regulation by feds

Senators seek tax relief for student loan burdens

Legal Alert: Voice Over Internet Protocol and the TCPA: The Hidden Pothole on the Information Super Highway

EXTRA, EXTRA READ ALL ABOUT IT! 

The summer edition of the Consumer Bankruptcy Journal is hot off the presses! Read  articles and hot topics that are relevant to you and your firm, written by your peers!

MARK YOUR CALENDARS

Register Now for the Early Bird Rate!

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Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10th with a a Pre-Cruise event  and a Launch Party on October 6th. Get great savings by taking advantage of the Early Bird Rate ending, September 2nd! Check out the Schedule and Register Today!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

 

Bankruptcy News Briefs 7/26

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Headlines Making News…

CFPB Confirms Location of Debt Collection Field Hearing

Oral Arguments Scheduled for ACA Lawsuit Challenging FCC’s 2015 TCPA Ruling

Did the FCC Even Consider the Thousands of Responses to its Rulemaking Proposal?

Against the Grain: Bankruptcy Court Allows FDCPA Claim to Proceed Despite Res Judicata Argument

Packaged Facts: Consumers Divest Alarming Pre-Recession Debt Trends

Good News On Student Loans … For Some

New York AG Fights Against Zombie Foreclosures

MARK YOUR CALENDARS

NACBA MEMBER ONLY FALL WORKSHOP- OCTOBER 7th-10th

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Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10th with a a Pre-Cruise event on October 6th. Early Bird Rate Ends, September 2nd! Check out theSchedule and Register Today!

ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 7/22

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Headlines Leading Into the Weekend…

Connecticut Department of Banking Takes “No Action” Position on Student Loan Servicer Requirement for Licensed Consumer Collection Agencies

Healthcare Spending Expected to Increase as Share of Economy

Ninth Circuit Rules That Law Firm Collector Can’t Rely On Validation Notice From Previous Collector

CFPB Settles With Affiliates of Debt Settlement Company For $107 Million

Bankruptcy Courts Lack Subject Matter Jurisdiction Over Medicare Issues, Eleventh Circuit Rules

FDCPA Victory in Class Action Letter Case: What It Means for the Industry

Uncertainty in Securitization of Consumer Debt Continues After Supreme Court Denies Certiorari in Madden v. Midland Funding

MARK YOUR CALENDARS

NACBA MEMBER ONLY FALL WORKSHOP- OCTOBER 7th-10th

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Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10th with a a Pre-Cruise event on October 6th. Early Bird Rate Ends, September 2nd! Check out theSchedule and Register Today!

ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 7/19

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Check Out the Headlines Making News…

The Customer Finally Pays, But the Bankruptcy Trustee Demands the Payment Be Returned; What to do When Faced with a Preference Action

FTC Action: Abusive Debt Collectors Banned from Collection Business

Massachusetts Court Rules Any Call is a “Communication”

Spokeo in the Wild: How a Non-Collections Defendant Defeated a Class-Action TCPA Lawsuit

CFPB Announces Field Hearing on Debt Collection

Court Gives Federal Student Loan Debt Collection Contractors Green Light to Go Forward with Government Contract Bid Protest

District Court Judge Delays Decision in State National Bank’s Case Against CFPB

D.C. Decision, Expected In Fall, Could Reverse CFPB’s Actions, Change Structure

Fraud complaints cloud foreclosure relief

“It’s like a nightmare that just won’t go away”: The Corinthian Colleges scam demonstrates the madness of student debt

MARK YOUR CALENDARS

NACBA MEMBER ONLY FALL WORKSHOP- OCTOBER 7th-10th

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Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10th with a a Pre-Cruise event on October 6th. Early Bird Rate Ends, September 2nd! Check out theSchedule and Register Today!

ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 7/14

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Headlines Relevant to You…

District Court Judge Delays Decision in State National Bank’s Case Against CFPB

Congress Seeks Clarity on TCPA at Hearing on FCC Oversight

Survey: Refinancing Rates are Low Among Student Loan Borrowers

Massachusetts Court Finds Unanswered Telephone Calls Are Communications

House Financial Services Committee Holds Hearing on Financial CHOICE Act

Modification Based on Increased Ability to Pay

Another New Twist in the ongoing Department of Education Debt Collection Contract Saga – Two Firms Win Appeal of Denied Protest

FDCPA Case Law Review for June 2016

More Commercial Collection Agencies Collecting Younger Debts as Clients’ Ancillary AR Departments

Federal Jury Convicts Owner of Defunct “Collection Firm” for Fraudulent Scheme

Filing Proof of Claim on Time-Barred Debt Not an FDCPA Violation, 8th Circuit Court Rules

U.S. Supreme Court to Weigh in on Structured Dismissals and Settlements Circumventing the Bankruptcy Code’s Priority Scheme

MARK YOUR CALENDARS

NACBA MEMBER ONLY FALL WORKSHOP- OCTOBER 7th-10th

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Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10th with a a Pre-Cruise event on October 6th. Early Bird Rate Ends, September 2nd! Check out the Schedule and Register Today!

ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!