2022 Mid-Year Legislative & Regulatory Conference

Schedule of Events

Tracks:       Legal Compliance       Business       International       Drug Testing       Tenant Screening      Other    

 *Session qualifies as FCRA Basic Renewal PDC.

**SCHEDULE/SESSIONS SUBJECT TO CHANGE WITHOUT NOTICE

Sunday, April 10,2022

Eastern standard time zone

Sunday, April 10
Noon 5:30 PM Exhibitor Move-In
Noon 8:30 PM Registration Open
1:00 PM 1:30 PM FCRA Advanced Registration
1:30 PM 4:00 PM FCRA Advanced Exam
2:00 PM 4:00 PM Happy Hour in the Hotel Lounge sponsored by IQubed
3:00 PM 3:30 PM Ambassador Training
3:30 PM 5:00 PM Headshot Studio Sponsored by Data Diver
3:30 PM 4:00 PM First Time Attendee Meeting
4:00 PM 5:00 PM Networking Reception Sponsored by Equifax
5:00 PM 6:00 PM

2022 Mid-Year Legislative & Regulatory Conference Opening Ceremony

6:00 PM 8:00 PM Exhibit Showcase
8:00 PM 10:00 PM Opening Party

 

Monday, April 11, 2022

Eastern standard time zone

David Anthony,Troutman Pepper 

Monday, April 11
8:00 AM 7:15 PM Registration Open  
8:00 AM 5:00 PM Advanced FCRA Results are Available.  
8:00 AM 9:00 AM Breakfast in Exhibit Hall  sponsored by Accurate Source.com  
9:00 AM 10:00 AM

Keynote Address 

Sponsored by 

 

 

10:00 AM 10:15 AM AM Break sponsored by Accurate Source.com  
10:15 AM 11:00 AM

 Government Relations Update

Sponsored by 

Jamie Tucker, Akin Gump

Brent Smoyer, Smoyer Government Affairs

Jose Dimas
 

11:00 AM 11:30 AM

US Committee & Advisory Group Meetings

(other PBSA groups interested in meeting at the conference please contact conference@thepbsa.org so we can arrange a space)

 
BSCC Advocacy
D & I Advisory Group Industry Practices
Educational Resources Government Relations
Provider  
11:30 AM 1:30 PM Lunch in Exhibit Hall  sponsored by Accurate Source.com  
11:30 AM 1:30 PM Headshot Studio Open Sponsored by Data Diver  
1:30 PM 2:00 PM CA Litigation Update 

Elizabeth Andrews,Troutman Pepper 

David Anthony,Troutman Pepper 

2:00 PM 2:50 PM

*Dig Deeper! Untapped Ways for Lowering your Risk Levels

How might search engine optimization help a CRA to avoid the crosshairs of a prominent plaintiff’s firm? Why is a phone call to a consumer potentially the best way to resolve a close call on whether to report a criminal record? When is it smart to credential not just a prospective client but also the individual requesting services on their behalf? This session will help CRAs uncover untapped ways to improve compliance efforts and lower lawsuit-related risks.

Sponsored by 

Scott Paler, Dewitt, LLP

2:00 PM 2:50 PM

BUYER BEWARE: MVR Reports May Not Show What You Think They Show

Do you request MVR Reports for drivers? If so, you might think the MVR Reports you provide your clients are shedding light on a driver’s entire driving history. But a single MVR might not show the full story. And it might expose you to potential liability if faced with an aggressive plaintiffs attorney. Join us as we discuss the limitations of MVR Reports as well as the potential risks CRAs face when providing them to clients

John Papianou, Montgomery McCracken

Erin Novak, Uber Technologies

SuHan Wang, Checkr, Inc.

2:00 PM 2:50 PM

*The War on Tenant Screening:  How Regulatory and Legislative Changes in Washington Are Impacting the Industry

All eyes are on tenant screening in Washington - from enforcement actions, to Congressional inquiries, to regulatory guidance and initiatives that are focused on the key components of tenant screening reports, such as criminal and eviction records. Overlay that with stepped up enforcement of the Fair Housing Act and concerns about post-pandemic evictions, and you have a perfect storm with tenant screeners in the middle. Join us for the latest on these developments and strategies for navigating the shoals in the years ahead.

Sponsored by

Rebecca Kuehn, Hudson Cook LLP

Ronald Raether, Troutman Pepper

2:50 PM 3:00 PM PM Break   
3:00 PM 3:50 PM

*Navigating Litigation and Compliance Issues Regarding Reports Issued for Non-Employee “Volunteers” 

We will look at the current line of cases that analyze a consumer report issued for employment purposes and discuss the potential landmines surrounding the issuance of background reports for “volunteers.” This will include looking at compliance issues surrounding permissible purpose, obtaining consent, FCRA, FTC, and governmental agency guidance. Lastly, we will address the nuances in the law as applied to the largest volunteer groups for schools, churches, and youth sports so that policies and procedures can be further evaluated and improved for those background screening companies who provide services in this area.

Paul Sheldon, Quilling, Selander, Lownds, Winslett & Moser

3:00 PM 3:50 PM

The State of the Screening Industry

Join Investment Banker and Business Advisor Cherie Smith Homa to learn about the state of the screening industry. She will review some if the acquisition activity in the industry and provide an overall review of the business segment.

Sponsored by 

Cherie Smith Homa, South River Advisors

3:00 PM 3:50 PM

*The FIPPs: Not a rock group but the basis of most privacy legislation

The Fair Information Protection Principles (FIPPs) provide the underlying principles of data protection for most worldwide privacy laws and regulations. They are found in the US FCRA, the EU’s GDPR, Canada’s PIPEDA, and even the new China PIPL. Join us for an introduction to these Principles, which will help you understand most of the world’s privacy regulations. The FIPPs even are included in the upcoming PBSA Global Accreditation.

Kerstin Bagus, Netforce Global

Kevin Coy, Arnall Golden Gregory LLP

4:00 PM 5:15 PM

*What Day is it?  2022 and the New “Normal” in Background Screening Litigation

While the world has changed much has stayed the same, including the barrage of FCRA and similar litigation against CRAs.  Learn about recent claims, trends, and risk mitigation strategies to protect your company.

Sponsored by 

Pam Devata, Seyfarth Shaw

5:15 PM 7:15 PM Exhibit Showcase  


Tuesday, April 12, 2022

Eastern standard time zone

Andrew Hellman, REALi Data Solutions, LLC 

Tuesday, April 12
8:00 AM 4:00 PM Registration Open  
8:00 AM 9:00 AM Breakfast in Exhibit Hall  sponsored by Accurate Source.com  
9:00 AM 9:50 AM

*General Session- The Current Screening Regulatory Environment And How to Best Prepare for Regulatory Investigations

The confluence of the COVID-19 pandemic, the national social justice movement, the Biden administration, and the Democratic controlled House of Representatives and Senate has created an environment where background screening is receiving national attention and increased regulatory focus. That focus has drawn the attention of the national press, the Senate Banking Committee, the FTC, and the CFPB, all of which are scrutinizing the practices of the screening industry and engaging in investigations and/or rulemaking. For many screening companies, therefore, regulatory investigations and review are inevitable, and all screening companies should be actively preparing for such inquiries. This presentation will detail the current state of the regulatory environment and some tips on how best to prepare.

Sponsored by 

David Anthony,Troutman Pepper 

Timothy St. George,Troutman Pepper 

Cindy Hanson,Troutman Pepper 

9:50 AM 10:00 AM AM Break  
10:00 AM 10:50 AM

Non-US Forms: Should You Develop a Sample and What Should It Say?

Many end users expect screening companies to provide forms for their candidates to sign, even if it is technically the end users legal responsibility. What role can a screener play in developing these forms, and if you do participate, what should be included? This presentation will discuss the various purposes that candidate-facing forms fulfill and the necessary contributions by both screening companies and end users in determining and validating their content.

Sponsored by 

Mark Sward, Sterling

10:00 AM 10:50 AM

Establishing a Successful "Know Your Customer” Program

A Know Your Customer (KYC) program is crucial for CRAs to implement. KYC ensures everyone you do business with has strong compliance programs and fully aligns with your company’s code, mission, and values. While a strong KYC program is critically important to have, such a program does not have to be intimidating or unpleasant, and it can even open up business opportunities for your organization. This session provides a roadmap to establishing an effective KYC program at your organization.

 

Dean Carras, Appriss Insights

Jeremy Vizcarra, Appriss Insights

10:00 AM 10:50 AM

Safe & Drug Free Workplaces: Still Realistic?

With changing laws that restrict employers' rights to test for drugs in the workplace, is it still realistic to have a drug-free workplace policy? Should workplaces change their policies and practices? Jo will bring clarity to what employers should do, can do, and absolutely should NEVER do when it comes to making these difficult choices. We will also explore options for adapting to today's culture that include how to hire and retain those in recovery from substance use disorder safely and effectively.

 

 

Jo McGuire, National Drug and Alcohol Screening Association 

 

10:50 AM 11:00 AM AM Break Sponsored by Accurate Source.com
11:00 AM 11:50 AM

*Matching Mania: Identifiers, Maximum Possible Accuracy and Reducing False Positives

Consumer Reporting Agencies are reliant on data providers to collect additional information to increase accuracy and completeness for consistency in reporting. Appropriate identifiers are critical to the accuracy of consumer reports, but CRAs have plenty of obstacles when it comes to acquiring fast, accurate, and reliable personally identifiable information. With ever-changing regulation policies, inconsistent, complex data sets, and the pressure to meet the CRA’s accuracy obligations under the FCRA – obtaining judicial people data is not as simple as it once used to be. This session will focus on what is happening at the federal level, most recently with the CFPB, as well as at the state level (e.g., California and Michigan) to help CRAs navigate identifiers, matching procedures, and accuracy.

Sponsored by 

Montserrat Miller, Arnall Golden Gregory

Megan Mitchell, Arnall Golden Gregory

Keoki Huffman, Tessera

11:00 AM 11:50 AM

I Think I’ve Been Hacked – What Should I Do?

None of us is immune to having our personal or financial information compromised (“hacked”). Whether it’s because of our own actions, (e.g. a phishing email) or due to no fault of ours (e.g. a website we provided sensitive information to is compromised), the odds are that we will have to deal with the impact of a security incident. You’ll learn that responding to a hack starts well before the actual hack – by understanding your risk tolerance and taking certain steps to protect yourself, you can reduce the impact of the future hack. The speaker will guide you through a bespoke assessment of individual risk; discuss tradeoffs; tell you the top 5 things you can do to protect yourself; and finally provide you with a checklist of things to do once you have been hacked. Nothing is certain but death, taxes, and hacks. We can’t make you immortal but this session will show you how to deal with an inevitable hack.

Aurobindo Sundaram, RELX

11:00 AM 11:50 AM

Why Social Media Screening is Going Mainstream

We will discuss how the growth of social media use, shifting political attitudes and
cancel culture are converging to create the perfect storm for corporations.
Organizations are waking up to the realization of these risks posed by their employees
online behavior that could impact their brand, employee safety and bottom lines.
These factors and more are generating tremendous demand for social media
screening and at the same time Artificial Intelligence is driving down, the historically high costs, for social media background checks.

Darrin Lipscomb, Ferretly

11:00 AM 11:50 AM 2022 Annual Conference Booth & Sponsor Selection Meeting  
Noon 2:00 PM Lunch sponsored by Accurate Source.com  
Noon 2:00 PM Headshot Studio Open Sponsored by Data Diver  
2:00 PM 4:30 PM Exhibitor Move out  
2:00 PM 2:50 PM

*Don't Get Caught Unaware: Top Considerations for Employment Credit Screening

Account executives can jump at the chance to add another product to a client account. But employment credit screening can be an unexpected minefield, leading to potential compliance gaps for employers and CRAs. This presentation will discuss top considerations in employment credit screening today, including: special state and local disclosure requirements; “credit check ban” statutes; reseller contractual and statutory requirements; special concerns for customer diligence and onboarding; and common theories in inaccuracy lawsuits.

Bill Simmons, Littler Mendelson

Chad Kaldor, Littler Mendelson

Katie Kulp, Certn

2:00 PM 2:50 PM

Data, Big Data and Strategic Data

We all use data every day, and sometimes all day. However, we rarely stop to think about data from a higher level. This presentation will explore our usage of data, teach users how to approach and think about the data they come across every day, and raise potential pitfalls and issues in our usage of data.

Kerstin Bagus, Netforce Global

Andrew Hellman, REALi Data Solutions, LLC

2:00 PM 2:50 PM

Law & Order: FCRA Edition.  A Behind the Scenes Look at Defending FCRA Lawsuits

FCRA lawsuits have continued to increase, both on a single-plaintiff basis and on behalf of classes of consumers. When defending FCRA lawsuits, the old adage often holds true: the best defense is a good offense. In this session, two experienced FCRA litigators will share their perspectives on the critical litigation issues facing the industry. We will discuss the best defense strategies from the start of a case through resolution, including motion practice, discovery and preservation issues, and case resolution strategies.

Sponsored by 

John Drury, Seyfarth Shaw LLP

Robert Szyba, Seyfarth Shaw LLP

 

 

2:50 PM 3:00 PM PM Break sponsored by Accurate Source.com  
3:00 PM 3:45 PM

Advocacy Training

Sponsored by 

 
3:45 PM 4:15 PM Closing Reception