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Understanding FCRA and FACT Act in Collections

 

Stay compliant with credit reporting regulations and avoid litigation risk.

Debt collectors, mortgage servicers, and finance companies remain at the center of litigation and regulatory scrutiny. Collectors are subject to extensive rules and limitations concerning credit reporting and credit reporting disputes under the Fair Credit Reporting Act (FCRA) and Fair and Accurate Credit Transactions Act of 2003 (FACT Act). Suits under the FCRA are increasing, and adverse verdicts for FCRA violations can be substantial. This topic will discuss the history of the FCRA and the FACT Act, as well as recent developments in credit reporting litigation. The program will provide an overview of regulated conduct, the practical implications on regulated entities, and best practices and procedures to ensure compliance. The program will also highlight litigation risks and potential defenses, as well as interaction with state law. This presentation will provide an overview of the evolving regulatory landscape with regards to credit reporting to assist with compliance obligations and to avoid litigation risk.

Agenda

Faculty

Walter J. Buzzetta

Walter J. Buzzetta

Stradley Ronon Stevens & Young, LLP

  • Counsel, Stradley, Ronon, Stevens & Young, LLP
  • Practice focused on defending financial institutions from claims arising out of nearly every type of consumer and commercial financial product
  • Litigates consumer lending and financial services cases nationwide, with a primary focus on defending claims under the FDCPA, FCRA, TILA, TCPA, ECOA, and RESPA, as well as class action, deceptive trade practices, and fraud claims
  • Regularly advises financial services companies on strategic planning, risk assessment, and regulatory compliance
  • Defends single-plaintiff lawsuits and arbitrations as well as class action lawsuits against banks, mortgage lenders and servicers, student lenders, auto finance companies, debt collection companies, and other financial services institutions
  • Served as in-house senior counsel for a mortgage lending and servicing vendor and defended nationwide litigation claims
  • Conducts seminars on numerous consumer finance topics
  • J.D. degree, Duke University; B.A. degree, Southern Methodist University
  • Can be contacted at [email protected] or 202-507-6407
Adam M. Kaplan

Adam M. Kaplan

Stradley Ronon Stevens & Young, LLP

  • Counsel, Stradley, Ronon, Stevens & Young, LLP
  • Practice focused on consumer lending and financial services litigation, with a primary focus on defending claims against financial services companies, including claims under the FDCPA, FCRA, TILA, RESPA, as well as class action, deceptive trade practices, and fraud claims.
  • Advises clients on regulatory compliance, risk assessment, and advises on enforcement actions and investigations.
  • Defends both single plaintiff and class action lawsuits against banks, mortgage lenders and servicers, student lenders, auto finance companies, debt collection companies and other financial services institutions.
  • B.A. Northwestern University
  • J.D., Rutgers Law School
  • Contact information [email protected] or 202-505-5155

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