FCRA Focus

In this episode of Troutman Pepper's FCRA Focus podcast, host Kim Phan delves into the topic of dispute resolution through the e-OSCAR system with special guest, Joel Strickland, the director of customer success at e-OSCAR. Joel shares valuable insights into the resources available to data furnishers, including e-OSCAR University and the annual users conference, Simplicity. This episode illuminates the functionalities and benefits of the e-OSCAR system for FCRA dispute resolution and clarifies the limitations of e-OSCAR's role in the dispute resolution process, underscoring the importance of legal and compliance consultations for data furnishers. With over seven years at Online Data Exchange, the company behind e-OSCAR, Joel Strickland leads the client relations team, focusing on supporting data furnishers with feature development, services, training, and communication. Based in Jacksonville, FL, Strickland shares his experience as a triathlete drawing parallels between the discipline required for triathlon training and the dedication needed for FCRA compliance, emphasizing the importance of understanding Metro2 guidelines, internal policies, and the e-OSCAR application for effective consumer credit dispute handling.

In this episode of FCRA Focus, join host Dave Gettings and fellow partner, Jason Manning, as they delve into Jason's recent experiences trying a consumer case in front of a jury. Jason and Dave discuss the impact of integrating technology into trial presentation, the strategic use of demonstratives to maintain jury engagement, approaches to breaking the ice in the courtroom, and fostering a more attentive and responsive jury. Whether you're a legal professional seeking to refine your trial tactics or simply intrigued by the dynamics of courtroom strategy, this episode offers a wealth of first-hand knowledge regarding jury trials in consumer cases.

In this episode of FCRA Focus, hosts Kim Phan and Dave Gettings are joined by Partners Cindy Hanson and Ron Raether to discuss recent CFPB advisory opinions on accuracy in background check reports and the inclusion of data sources in response to consumer file disclosure requests. They delve into the challenges companies face in obtaining accurate information from public record sources and the implications of the CFPB's guidance for the industry. The conversation also highlights the importance of effective dispute processes and vendor relationships in ensuring compliance. Tune in for insightful commentary on these critical issues in the FCRA compliance environment.

Join hosts Dave Gettings, Kim Phan, and Chris Willis in this special crossover episode of FCRA Focus and The Consumer Finance Podcast in the first installment of our Year in Review and a Look Ahead series. They are joined by guests Cindy Hanson and Alan Wingfield, partners at Troutman Pepper, who share their insights on the most impactful developments in background screening and credit reporting in 2023. Listen in as they discuss industry challenges and opportunities, the implications of proposed regulatory changes, and what to expect in the future. Stay tuned for the next episode of our Year in Review and a Look Ahead series on The Consumer Finance Podcast, providing valuable insights for anyone involved in consumer finance. To download a copy of the Consumer Financial Services Year in Review and a Look Ahead, please click here. For a list of our upcoming webinars, visit our Troutman Pepper Insights page. And to make sure you don't miss another episode of this podcast, please click subscribe.

Please join Troutman Pepper Partner Dave Gettings and colleagues Tim St. George and Cindy Hanson for a highly informative discussion on federal preemption as it relates to state laws and the Fair Credit Reporting Act (FCRA). This episode provides listeners with an overview of important state and local legislation governing background screening, along with discussions about how federal preemption might affect required compliance with these state and local laws. Topics include:

Please join us for a special cross-over episode of FCRA Focus and The Consumer Finance Podcast, where Troutman Pepper Partners Chris Willis, Dave Gettings, Kim Phan, and Ron Raether look at the latest developments in the CFPB's FCRA rulemaking process. Topics include:

Join us for the third episode in a special three-part series covering the CFPB's intention to propose new rules under the Fair Credit Reporting Act (FCRA). In this episode, Troutman Pepper Partners Chris Willis, Dave Gettings, Kim Phan, Ethan Ostroff, and Ron Raether discuss the potential implications of regulating data brokers under the FCRA, and how this might affect data brokers as well as other types of entities, including users, consumer reporting agencies, and resellers.

Join us for the second episode in a special three-part series covering the CFPB's intention to propose new rules under the Fair Credit Reporting Act (FCRA). In this episode, Troutman Pepper Partners Chris Willis, Dave Gettings, Kim Phan, Ron Raether, and Ethan Ostroff discuss the regulation of credit header data and the potential impact on the FCRA and consumer reporting agencies, as well as users and data brokers. Stay tuned for the third and final episode in this series, which will focus specifically on data brokers and the possibility of regulating them under the FCRA, and how this might affect data brokers as well as other types of entities, users, consumer reporting agencies, and resellers.

Join us for the first episode in a special three-part series covering the CFPB's intention to propose new rules under the Fair Credit Reporting Act (FCRA). In this episode, Troutman Pepper Partners Chris Willis, Dave Gettings, Ethan Ostroff, and Kim Phan explore the historical events that led us to this point, the next steps in the rulemaking process, the expected timeline for a final rule, how the CFPB is coordinating with the FTC and other regulators, and the expected proposed rulemaking regarding credit header data and data brokers. Stay tuned for the next two episodes in this series. In our second episode, our panel will discuss the regulation of credit header data and the potential impact on the FCRA and consumer reporting agencies, as well as users and data brokers. And the final episode of our series will focus specifically on data brokers and the possibility of regulating data brokers under the FCRA, the effect it can have on data brokers as well as other types of entities, users, consumer reporting agencies, and resellers.

Please join Troutman Pepper Partner Dave Gettings and colleagues Tim St. George and Jessica Lohr as they discuss the use of expert witnesses in FCRA cases. During this episode the team covers a multitude of relevant topics, including:

Join us for the final episode in a special five-part series covering artificial intelligence (AI). Many companies use machine learning algorithms and AI to assist with employment decisions and tenant screening. In our final episode, Stephen Piepgrass and colleagues Ron Raether and Dave Gettings examine the use and impact of AI in background screening, including the potential risks companies may face with increased reliance on AI. Our panel also explores the increased focus on AI by various regulators and state attorneys general, and offer some best practices to consider when developing or adopting machine learning models into business processes. We hope you enjoyed listening and found value in this episode. For the complete series on AI, please visit the Regulatory Oversight podcast on our website for all previous AI installments.

Please join Consumer Financial Services Partner Dave Gettings in this inaugural crossover episode with Partner Chris Willis of The Consumer Finance Podcast in welcoming their guests and fellow Partners Cindy Hanson and David Anthony. Dave, Chris, Cindy, and David unite to discuss the 2022 year in review of the Fair Credit Reporting Act and a look ahead for the next year. Cindy Hanson focuses her practice on class-action defense and has practiced FCRA litigation for over 25 years. She has handled more than a thousand matters under the FCRA and also brings significant experience representing companies defending class actions under consumer protection statues and state common law. David Anthony represents companies in highly regulated industries, including consumer financial services companies. He brings significant experience in class actions and complex individual lawsuits. He has vast litigation experience defending cases under the FCRA, the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and numerous other federal and state consumer protection statutes.

Please join Consumer Financial Services Partner Dave Gettings and his fellow Partner Ron Raether as they discuss the Consumer Financial Protection Bureau and its supervision of the tenant screening industry. During this episode, Dave and Ron also examine issues facing tenant screening companies and what can be done in the industry. Ron Raether has helped companies navigate federal and state privacy laws for more than 20 years. He has effectively defended hundreds of privacy and data security putative class actions. Ron’s experience is unique in the number of privacy cases litigated through class and substantive issue motions, including defending those successes in the appellate courts.

Please join Consumer Financial Services Partner Dave Gettings and his guests and colleagues Jessica Lohr and Virginia Flynn who discuss their recent service as jurors on criminal cases, while also providing valuable insight to litigators into what a case looks like from the jury box. Jessica defends consumer reporting agencies, national banking institutions, and mortgage loan servicers in federal and state courts at both the trial and appellate levels in complex litigation and business disputes, financial services litigation, and consumer litigation. Jessica has handled individual cases and class actions in many states and has substantial experience handling general commercial disputes in both state and federal courts in California. Virginia focuses her practice on representing clients in federal and state court at both the trial and appellate level in complex litigation and business disputes, health care litigation, including ERISA and out-of-network issues, and consumer litigation in more than 21 states nationwide. She increasingly counsels clients to ensure they comply with the myriad of growing laws in the consumer law with a particular emphasis on the intersection of TCPA and HIPAA.

Please join Consumer Financial Services Partner Dave Gettings and his colleagues Ethan Ostroff, Brooke Conkle, and Jon Kenney as they discuss the Third Circuit’s recent decision in the Bibbs case, particularly the Third Circuit’s treatment of “pay status” allegations and what we can expect to see going forward. Ethan Ostroff advises companies on compliance issues and interactions with regulators concerning the Fair Credit Reporting Act, while also defending furnishers, users, and specialty consumer reporting agencies in individual and class-action lawsuits under the Fair Credit Reporting Act (FCRA). Brooke Conkle focuses her practice on complex litigation and federal consumer protection statutes, including the FCRA and Regulation V, the Equal Credit Opportunity Act (ECOA) and Regulation B, the Telephone Consumer Protection Act (TCPA), and UDAP laws. Jon Kenney represents national clients in federal and state courts and routinely defends financial services companies in litigation under various federal statutes and regulations, including the FCRA, the Fair Debt Collection Practices Act (FDCPA), the TCPA, and the Truth in Lending Act (TILA) and Regulation Z.

Please join Consumer Financial Services Partner Dave Gettings and his fellow Partner Ethan Ostroff as they discuss the Consumer Financial Protection Bureau’s increasingly active interest in credit reporting, including a recent CFPB blog post on credit card companies and their perceived practice of suppressing payment information, as well as what it signals to companies in the industry. Ethan’s practice includes advising companies on compliance issues and interactions with regulators concerning the Fair Credit Reporting Act, as well as defending furnishers, users, and specialty consumer reporting agencies in individual and class-action lawsuits under the FCRA.

Join Consumer Financial Services Partner Dave Gettings as he hosts guest Kristi Kelly, one of the founders of Kelly Guzzo PLC, for a conversation discussing current FCRA trends from the plaintiffs’ counsel perspective. As a consumer protection attorney, Kristi advises consumers nationwide in individual and class-action cases under the FCRA, including cases against furnishers and consumer reporting agencies.

Please join Troutman Pepper Partner Dave Gettings and his guest Eric Ellman of the Consumer Data Industry Association (CDIA) for a conversation on recent industry developments in credit reporting. Dave and Eric discuss the CDIA’s mission, the idea of a government-run credit bureau, and recent trends in FCRA litigation. At the CDIA, Eric leads the state government and federal regulatory affairs programs, runs the legal department, serves as liaison to the format teams for credit data reporting, and participates in the association’s management. With the CDIA since 1998, Eric’s work has been highlighted on the front page of the USA Today Money section (June 2007), where he was called a “warrior” who is “always well prepared for battle.”

Join Troutman Pepper Consumer Financial Services Partner Dave Gettings for a special podcast series dedicated to exploring the Fair Credit Reporting Act (FCRA). In this inaugural episode, Dave talks with fellow Troutman Pepper Partner David Anthony, who is nationally recognized for representing consumer financial service companies, particularly in FCRA class actions. He has served as lead counsel in more than 100 class actions, and more than 1,500 individual cases across the country. In this discussion, Dave and David share what they are seeing in this practice and pull out the crystal ball to discuss where they see FCRA litigation going in 2022 and beyond.