Attention:
Card image cap

How the TransUnion v. Ramirez Decision and the CFPB are Impacting FCRA Legal and Compliance Activity


Level: Advanced
Runtime: 65 minutes
Recorded Date: October 11, 2021
Click here to share this program
Printer-Friendly Version
Closed Caption

Agenda

• FCRA (Fair Credit Reporting Act) Background
• Credit Disputes vs. Complaints
        - Direct Disputes
        - Indirect Disputes
• Reasonable Investigations of Disputes
• Common Furnisher Issues with Disputes
• Recent CFPB Activity
• CFPB Complaint Trends
• TransUnion vs. Ramirez 
        - Background
        - Supreme Court Decision
        - Impact
• Evaluating Borrower Harm
• Best Practices to Reduce Consumer Harm

Runtime: 1 hour
Recorded: October 7, 2021

For NY - Difficulty: Experienced Attorneys Only (Non-Transitional)
For NY - Difficulty Level: Experienced attorneys only (non-transitional)

Description

Listen to a review of disputes including differences between disputes and complaints, and the requirement to conduct a reasonable investigation, including of direct disputes to the furnisher, and reasons for why an investigation would not be required at all), indirect disputes sent to the CRA and forwarded to the furnisher (requiring an investigation within 45 days or the dispute will be deleted by the CRA), and common regulatory and operational issues with disputes, such as the adequacy of policies and procedures, reasonableness/ timeliness of investigations, deleting/modifying tradelines, volume of disputes, lag time of dispute reporting, CRAs rejection of furnishing updates, and variability in how CRAs report and ingest credit data.

Our distinguished faculty highlight and explain the recent uptick in CFPB complaints since COVID-19 (from 2019 to 2020), and the how and why the majority of all CFPB complaints relate to credit reporting, with many complaints relating to inaccurate information on a consumer’s credit report.

The Supreme Court’s decision in TransUnion v. Ramirez is used as a case study, demonstrating how plaintiffs in a class action need to show concrete harm (as opposed to alleged reputational harm). The panel also explains the importance for furnishers to reduce instances of harm to consumers per the TransUnion v. Ramirez case as this may reduce exposure to potential litigation.

This program was recorded on October 11th, 2021.

Provided By

American Bar Association
Card image cap

Panelists

Card image cap

Badri Sridhar

Senior Director
FTI Consulting, Inc.

Badri Sridhar is a Senior Director in the Financial Services practice of FTI Consulting. Badri has a diverse professional background and skill set, including experience in leading teams in Finance Transformation and Risk engagements.

Badri has over ten years of experience delivering financial risk management solutions to clients in the financial services and public sector industries.

Card image cap

David King

Senior Managing Director
FTI Consluting, Inc.

David King is a leader of compliance reviews, regulatory inquiries, investigations and risk assessments for companies with operations throughout the world. He also has wide ranging complex commercial litigation experience involving solvency, fraud, bribery, and economic damages.

Mr. King’s recent experience within the financial services industry includes engagements as the Independent Consultant in Consent Orders issued by the Consumer Financial Protection Bureau (CFPB). He has also participated as the Independent Consultant in Consent Orders agreed to with the Federal Reserve Board of Governors and has assisted clients in examination and enforcement matters brought by those regulators and the Office of the Comptroller of the Currency and the Department of Justice.

Prior clients have included top 100 law firms, global investment banks, top 50 US banks, auto finance captives, top 5 non-bank mortgage servicers, student loan organizations and those with specialized consumer finance products. Mr. King has prepared material for and presented to Outside Counsel, C-Suite individuals, Boards of Directors, Audit Committees and Regulators.

Mr. King’s practice has covered a variety of regulations including Sales Practices, FDCPA, TCPA, SCRA, VA rules, and issues relating to UDAAP. He has extensive credit reporting experience having conducted over 30 engagements related to the Fair Credit Reporting Act (FCRA), credit reporting, furnishing, credit bureau disputes and the Metro 2 data format.

In addition to the United States, Mr. King has conducted investigations in South America, Central America and Asia. His commercial litigation experience includes being designated as an expert witness and his work has covered industries such as oil and gas, petrochemicals, coal, entertainment, and professional services, with disputes over solvency, breaches of contract, intellectual property, royalties and class action matters.

Mr. King earned his B.A. Honors Degree from Lancaster University, located in England while also spending a year studying at Rice University in Houston. He is a Certified Fraud Examiner and is an active member of the Mortgage Bankers Association.

Card image cap

Rachel Rodman

Partner
Cadwalader, Wickersham & Taft LLP

Rachel Rodman specializes in financial services enforcement and civil litigation. Rachel defends banks, specialty finance companies, and other financial services institutions in investigations, supervisory actions, and civil litigation by federal and state banking regulators, the Securities & Exchange Commission, and state Attorneys General. She also maintains an active class action defense practice, representing financial services companies in consumer protection class actions. Rachel’s cases often present novel questions of statutory interpretation, and she therefore has significant experience in administrative law and procedure, constitutional litigation, and cases challenging the scope of government agency authority.

Many of Rachel’s matters involve advising companies in the consumer financial services industry, and she regularly publishes and speaks on legal issues important to the industry. Rachel was previously with the Consumer Financial Protection Bureau (CFPB). She served as senior counsel in the CFPB’s Legal Division, representing the agency in trial and appellate courts and advising agency leadership. She also served as an enforcement attorney in the CFPB’s Division of Supervision, Fair Lending and Enforcement, where she led investigations of banks and nonbanks involving overdraft practices, debt collection, mortgage servicing and consumer reporting. Rachel was lead counsel in several of the CFPB’s major settlements with banks and mortgage companies. She was previously with Williams & Connolly LLP.

Rachel received a B.A., summa cum laude, in International Relations from Colgate University, where she was awarded the Harvey Picker Award recognizing the outstanding graduate in International Relations. She received her J.D. from the University of Virginia, where she was a member of the Virginia Law Review.

Rachel is a member of the District of Columbia and Virginia bars, and is admitted to practice before the United States District Court for the Eastern District of Virginia, and the United States Courts of Appeal for the Third and Fourth Circuits.


Card image cap

Similar Courses

Card image cap
76 minutes
360-Degree of Investigation - A Roundtable Discussion Regarding Investigations of Debtors and Recovery of Assets
This panel of lawyers and insolvency professionals with bankruptcy expertise will lead a roundtable discussion regarding investigation of debtors and recovering assets to enhance the value of a bankruptcy estate.

American Bankruptcy Institute

$95

Add to Cart
Card image cap
60 minutes
60 Consumer Tips in 60 Minutes
This panel of national consumer experts will provide you with the necessary tips for achieving great results in your consumer cases.

American Bankruptcy Institute

$75

Add to Cart
Card image cap
77 minutes
A Catch-22: Dilemmas for Landlords in the Era of COVID-19
This panel will explore the myriad legal conundrums landlords have been facing in bankruptcy cases across the country since the COVID-19 pandemic took hold. Discussion points will include landlord rights to assumption/rejection and timing, the ability of debtors to defer rent payments to landlords for lengthy periods of time, and the impact of force majeure clauses in these disputes.

American Bankruptcy Institute

$95

Add to Cart
Card image cap
66 minutes
ABI's Hot Consumer Topics 2020
The panelists will discuss the best practices for tricky Chapter 7s, Chapter 13 plan modifications filed pursuant to The CARES Act, tips for ensuring proper service, and a discussion of the current case law on 401(k) contributions and nunc pro tunc orders

American Bankruptcy Institute

$75

Add to Cart
Previous Next