National Consumer Bankruptcy Rights Center

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 Cruise! Just 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 8/8

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What Headlines Kicking Off A New Week?

Survey: Majority of Millennials Say they Won’t Reach Target Retirement Savings

Total Bankruptcy Filings Decline in July

CFPB Debt Collection Plan Doesn’t Spare Banks

Ninth Circuit Rules Every Debt Collector Must Send Verification Notice

Mortgage Delinquency Climbs Higher in Q2

UPCOMING WEBINARS

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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

Are you committed to learning? Are you a member of an organization that cares about your continual personal and professional growth? Read, USMC General Anthony C. Zinni’s article on, “A Life of Learning ,” in today’s Consumer Bankruptcy Journal Spotlight and find out why lifelong learning matters!

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 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

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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 8/3

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Midweek Headlines…

The CFPB Ombudsman’s Office released its mid-year update in July, focusing on individual inquiries to the Ombudsman, related to CFPB proposed rules, the consumer complaint database, and other outreach initiatives…CFPB Ombudsman’s Office Releases Mid-year Update

Consumer spending increased 0.4 percent, or by $53 billion, in June, according to estimates from the Bureau of Economic Analysis and U.S. Department of Commerce…Consumer Spending Increases in June

A mortgage creditor violated the automatic stay by mistakenly filing a claim to which it had no rights and by failing to immediately return payments on that claim it had received by the trustee. In re Mocella, No. 10-42287 (Bankr. N.D. Ohio June 15, 2016)…Incompetence Does Not Excuse Stay Violation

Experian, today released Contact Monitor to help businesses reduce wrong-party contact that supports compliance with the TCPA…Experian’s Contact Monitor Strengthens Business Insight on Customer Contact Info

The CFPB  outlines four principles to guide its discussions on the future of loss mitigation as the U.S. Treasury’s crisis-era Home Affordable Modification Program is phased out at the end of 2016…CFPB Issues Principles for Future of Loss Mitigation

Student debt may be contributing to wealth inequality…New York Fed warns of troubling consequence of rising student loan debt

Second Circuit Raises a Caution Flag for Sales Free-and-Clear of Claims

Attorney “Meaningful Involvement” Case Sent Back to District Court

UPCOMING WEBINARS

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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

Today’s #CBJ spotlight comes from Morgan D. King’s article, “Sales Tax Discharge Issues in Bankruptcy. ” Go to King’s Korner to read more!

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 8/2

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Read the Headlines Here…

A share of households in the U.S. have total debt that exceeds their assets, known as “negative wealth,” according to survey findings from the Federal Reserve Bank of New York. In Survey: Debt Exceeds Assets for Some Households in the U.S.

The CFPB intends to give consumers the option to provide feedback on the company’s response to and handling of their complaints. In CFPB’s Consumer Response Proposes New Consumer Feedback Survey

Last week the CFPB released its 117-page Outline of Proposed Rules for debt collection read the breakdown of these proposals...insideARM Perspective on CFPB Outline of Proposed Debt Collection Rules – Communication Part 2

More than 70 million Americans have some type of debt in collections. Read why…Some Debt Collections Just Aren’t Worth It

The failure to repay student loans is becoming a modern day standoff.. Read how many American are ignoring the calls, email, and letters in…Student-Loan Defaulters in a Standoff With Federal Government

UPCOMING WEBINARS

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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

Stay updated on the changes occurring in your field, read “New Bankruptcy Rule, Amendments to Chapter 13 Plan Proposed,” by Diane Davis featured in today’s #CBJ 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 7/21

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Headlines…

Consumers Overall Credit Access Improves, but Perception of Credit Access Falters

Consumer alleges threats in debt collection attempt

 Consumer Spending Returns to Steady Pace in May

11th Cir. Holds FCRA ‘Reasonable Investigation’ May Require Assignee to Examine Account-Level Documents

CFPB Files Amicus Brief in Ninth Circuit in Remanded Article III Standing Case

State Court Application of Automatic Stay Is Res Judicata

NCLC Report: Why High-Rate Installment Lenders Want Borrowers Who Will Default

Improper Use of Contract Attorneys, Failure to Disclose Terms – This Case Has It All.

The CFPB Turns 5 Today. Here’s What It’s Done (and What It Hasn’t)

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

CAN POTENTIAL CLIENTS LOCATE YOU?

NACBA is your advocate! We want potential clients to have easy access to your services. One of the most simple and effective ways of giving your firm the visibility it deserves is making sure your profile is updated in the Attorney Finder. Take a moment today to ensure that your profile is up to date! You can also enhance your profile by claiming your listing for only $39 a month through Google. 

Check out This Enhanced Listing Example!  See It Here
Be sure to click on the “Look Inside” and “Watch Video”  links on their listing

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!

Bankruptcy News Briefs 7/5

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Tuesday’s Headlines…

Missouri Attorney General’s Debt Collection Regulations Take Effect

CFPB Releases Summer 2016 Supervisory Highlights Report

Relief from Stay Motion Not “Action on a Contract” for Fee-Shifting Purposes

FHFA Report Highlights Results of GSEs’ Nonperforming Loan Sales

Majority of Troubled Loans Sold by FHFA are Unresolved

Debt collector faces trial for scheme targeting 6,000 consumers

Debt Collector Required To Disclose That Disputes Must Be “In Writing,” Says The Eleventh Circuit

Bankruptcy Beat: Default Judgment Is Not Automatic Following Entry Of Default

Lenders Cannot Prevent Borrowers From Filing Bankruptcy By Owning Minority Equity With Veto Power Over Borrower’s Decision To File Bankruptcy

REGISTER FOR UPCOMING NACBA EVENTS

2 DAYS LEFT TO REGISTER FOR JULY’S WEBINAR! 

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Leveraging the Power of Social Media:
Using Facebook and Content Marketing to Get More Leads
DATE: Tuesday, July 7, 2016
COST: Free to NACBA Members
PRESENTER: Stephen Fairley, The Rainmaker Institute
REGISTER HERE

In this information-packed session you will discover:

  • The 3 biggest mistakes lawyers make with social media and how to avoid them
  • 7 key strategies to tap into the power of Facebook
  • How to get qualified leads on Facebook for 90% less than with Google PPC
  • How to use content marketing to position yourself as an industry thought leader
  • Insider secrets to getting more leads from your blog
  • The Rainmaker Social Media Marketing Blueprint®

REGISTER FOR NACBA’S FALL WORKSHOP

Early Bird Rate Ends July 29th!

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NACBA is pleased and excited to announce the return of our Members-Only Fall Event! Take a moment to look at the line up of Speakers that will be presenting the sessions on #NACBA’s Summit at Sea.

Mark your calendars, save the dates and Register Today! 

LOOK BACK AT NACBASF

Check out the moments that made #NACBASF a success! Visit the NACBASF Album on ourFacebook page  and make sure to like us so you can keep up to date on all our offerings!

KEEP YOUR NACBA MEMBERSHIP CURRENT

Take advantage of the many exciting educational events on the horizon along with the invaluable resources NACBA provides you won’t want to miss out on these member only benefits Renew Today! 

Not a member of NACBA? Join Today!

Bankruptcy News Briefs 7/1

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Headlines Kicking Off the Weekend…

U.S. Department of Education Releases Borrower Defense Report Update

No Equitable Tolling for Section 727(a)(2) Look-Back Period

Wells Fargo Will Pay $16.3 Million to End TCPA Suit

Plaintiff Counsel Threatened With Sanctions Responds to Judge in Experian “Meaningful Review” Credit Dispute Case

Higher Ed Law Firm Takes on Bankruptcy Trustees in Tuition Battles

Disregarded Entities and Cancellation of Debt Income: Are They Really Disregarded if They Are in Bankruptcy or Insolvent? Will We See More Guidance on When They Are Disregarded? 

REGISTER FOR UPCOMING NACBA EVENTS

FREE WEBINAR FOR MEMBERS!

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Leveraging the Power of Social Media:
Using Facebook and Content Marketing to Get More Leads
DATE: Tuesday, July 7, 2016
COST: Free to NACBA Members
PRESENTER: Stephen Fairley, The Rainmaker Institute
REGISTER HERE

In this information-packed session you will discover:

  • The 3 biggest mistakes lawyers make with social media and how to avoid them
  • 7 key strategies to tap into the power of Facebook
  • How to get qualified leads on Facebook for 90% less than with Google PPC
  • How to use content marketing to position yourself as an industry thought leader
  • Insider secrets to getting more leads from your blog
  • The Rainmaker Social Media Marketing Blueprint®

REGISTER FOR NACBA’S FALL WORKSHOP

Early Bird Rate Ends July 29th!

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NACBA is pleased and excited to announce the return of our Members-Only Fall Event! Take a moment to look at the line up of Speakers that will be presenting the sessions on #NACBA’s Summit at Sea.

Mark your calendars, save the dates and Register Today! 

LOOK BACK AT NACBASF

Check out the moments that made #NACBASF a success! Visit the NACBASF Album on ourFacebook page  and make sure to like us so you can keep up to date on all our offerings!

KEEP YOUR NACBA MEMBERSHIP CURRENT

Take advantage of the many exciting educational events on the horizon along with the invaluable resources NACBA provides you won’t want to miss out on these member only benefits Renew Today! 

If you are not a member of NACBA please Join Today!