https://simplecast.com FCRA Focus FCRA Focus is dedicated to discussing "all things" related to the Fair Credit Reporting Act, which regulates the collection of consumers' consumer information and access to their consumer reports. Each episode explores an interesting aspect of consumer reporting, with the aim of providing new insights that help consumer finance businesses do their jobs better. Guests from the industry and lawyers for consumers as well as business insiders will join hosts Dave Gettings and Kim Phan in this podcast series. © 2022-2026 Troutman Pepper Locke LLP. All Rights Reserved. en-us Mon, 23 Feb 2026 05:00:00 +0000 Wed, 4 Mar 2026 16:17:19 +0000 https://fcra-focus.simplecast.com FCRA Focus https://image.simplecastcdn.com/images/a09d927c-18c2-41a0-a6ac-68c14f270a18/0ac0873d-5ff3-4ed0-a2fc-a7f7ae6807f0/3000x3000/tpl-podcasts-fcrafocus-cover.jpg?aid=rss_feed https://fcra-focus.simplecast.com episodic FCRA Focus is dedicated to discussing "all things" related to the Fair Credit Reporting Act, which regulates the collection of consumers' consumer information and access to their consumer reports. Each episode explores an interesting aspect of consumer reporting, with the aim of providing new insights that help consumer finance businesses do their jobs better. Guests from the industry and lawyers for consumers as well as business insiders will join hosts Dave Gettings and Kim Phan in this podcast series. Dave Gettings, Kim Phan, Troutman Pepper Locke false https://feeds.simplecast.com/OM4mhUKl FCRA, consumer credit, consumer finance, credit report, fair credit reporting act Troutman Pepper Locke nicole.sparkswatts@troutman.com 0629caee-a7df-478d-9f30-0f0da0a717e0 California DFPI's Next Target: Credit Reporting Industry In this episode of FCRA Focus, host Kim Phan is joined by Michael Yaghi, partner in Troutman Pepper Locke's Regulatory Investigations, Strategy + Enforcement practice group, to unpack the California Department of Financial Protection and Innovation's (DFPI) latest effort to require registration for the credit reporting industry. They discuss DFPI's second request for comment, how it fits into California's broader push to regulate nonbank financial services, and which entities may be swept in beyond the "big three" consumer reporting agencies — such as furnishers, data brokers, specialty credit reporting agencies, resellers, and fintechs. Kim and Michael also explore how narrowly (or broadly) the rules might be drawn, potential overlap and tension with existing FCRA requirements, what registration and reporting could mean in practice for covered entities, and what companies should be doing now as the February 26 comment deadline approaches.


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]]> Mon, 23 Feb 2026 05:00:00 +0000 nicole.sparkswatts@troutman.com (Kim Phan, Michael Yaghi) https://fcra-focus.simplecast.com/episodes/california-dfpis-next-target-credit-reporting-industry-y5ipU_AD In this episode of FCRA Focus, host Kim Phan is joined by Michael Yaghi, partner in Troutman Pepper Locke's Regulatory Investigations, Strategy + Enforcement practice group, to unpack the California Department of Financial Protection and Innovation's (DFPI) latest effort to require registration for the credit reporting industry. They discuss DFPI's second request for comment, how it fits into California's broader push to regulate nonbank financial services, and which entities may be swept in beyond the "big three" consumer reporting agencies — such as furnishers, data brokers, specialty credit reporting agencies, resellers, and fintechs. Kim and Michael also explore how narrowly (or broadly) the rules might be drawn, potential overlap and tension with existing FCRA requirements, what registration and reporting could mean in practice for covered entities, and what companies should be doing now as the February 26 comment deadline approaches.


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]]> California DFPI's Next Target: Credit Reporting Industry Kim Phan, Michael Yaghi 00:19:57 Kim Phan and Michael Yaghi unpack the California Department of Financial Protection and Innovation's (DFPI) latest effort to require registration for the credit reporting industry. Kim Phan and Michael Yaghi unpack the California Department of Financial Protection and Innovation's (DFPI) latest effort to require registration for the credit reporting industry. fcra, consumer reporting agency, california department of financial protection and innovation, credit reporting, fair credit reporting act, dfpi false full 2 5 23bd5d80-42ff-4e49-95d4-badb0d4d4790 Resellers in the Middle: Duties, Data, and Defenses Under the FCRA In this episode of FCRA Focus, host Dave Gettings is joined by Troutman colleagues Cindy Hanson and Noah DiPasquale for a deep dive into reseller litigation under the Fair Credit Reporting Act. The trio breaks down what a "reseller" is under 15 U.S.C. 1681a(u), how resellers function as intermediaries between originating consumer reporting agencies and end users, and why that limited role matters when evaluating claims under 1681e(b) and 1681i. They discuss recent case law on reasonable procedures, the impact of 1681i(f)'s limited dispute obligations, and practical litigation strategies, including leveraging industry standards, expert testimony, and arguments against double recovery under the one-satisfaction rule and setoff.


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]]> Wed, 21 Jan 2026 05:00:00 +0000 nicole.sparkswatts@troutman.com (Dave Gettings, Cindy Hanson, Noah DiPasquale) https://fcra-focus.simplecast.com/episodes/resellers-in-the-middle-duties-data-and-defenses-under-the-fcra-fK78MTw0 In this episode of FCRA Focus, host Dave Gettings is joined by Troutman colleagues Cindy Hanson and Noah DiPasquale for a deep dive into reseller litigation under the Fair Credit Reporting Act. The trio breaks down what a "reseller" is under 15 U.S.C. 1681a(u), how resellers function as intermediaries between originating consumer reporting agencies and end users, and why that limited role matters when evaluating claims under 1681e(b) and 1681i. They discuss recent case law on reasonable procedures, the impact of 1681i(f)'s limited dispute obligations, and practical litigation strategies, including leveraging industry standards, expert testimony, and arguments against double recovery under the one-satisfaction rule and setoff.


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]]> Resellers in the Middle: Duties, Data, and Defenses Under the FCRA Dave Gettings, Cindy Hanson, Noah DiPasquale 00:23:18 Dave Gettings, Cindy Hanson, and Noah DiPasquale discuss reseller litigation under the Fair Credit Reporting Act. Dave Gettings, Cindy Hanson, and Noah DiPasquale discuss reseller litigation under the Fair Credit Reporting Act. fcra, consumer protection, fair credit reporting act, reseller litigation, reseller false full 1 5 ae4d1cc9-8d3d-4af6-9f9b-946cd61464b6 Inside the Homebuyers Privacy Protection Act: A Conversation With the Mortgage Bankers Association On this episode of FCRA Focus, Kim Phan is joined by Rachel Kelley and Alisha Sears from the Mortgage Bankers Association to discuss the Homebuyers Privacy Protection Act, which amends the Fair Credit Reporting Act to address residential mortgage trigger leads with the goal of curbing abusive calls while preserving meaningful competition. This law now requires both a firm offer of credit and documented consumer authorization, with limited exceptions for current originators, servicers, and depository institutions/credit unions holding an account. They discuss how the law places the primary obligations on consumer reporting agencies, what lenders should expect around consent certifications, the Government Accountability Office study on trigger-leads, and the upcoming effective date.


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]]> Tue, 9 Dec 2025 14:00:00 +0000 nicole.sparkswatts@troutman.com (Kim Phan, Rachel Kelley, Alisha Sears) https://fcra-focus.simplecast.com/episodes/inside-the-homebuyers-privacy-protection-act-a-conversation-with-the-mortgage-bankers-association-ZoPafn1V On this episode of FCRA Focus, Kim Phan is joined by Rachel Kelley and Alisha Sears from the Mortgage Bankers Association to discuss the Homebuyers Privacy Protection Act, which amends the Fair Credit Reporting Act to address residential mortgage trigger leads with the goal of curbing abusive calls while preserving meaningful competition. This law now requires both a firm offer of credit and documented consumer authorization, with limited exceptions for current originators, servicers, and depository institutions/credit unions holding an account. They discuss how the law places the primary obligations on consumer reporting agencies, what lenders should expect around consent certifications, the Government Accountability Office study on trigger-leads, and the upcoming effective date.


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]]> Inside the Homebuyers Privacy Protection Act: A Conversation With the Mortgage Bankers Association Kim Phan, Rachel Kelley, Alisha Sears 00:19:17 Kim Phan, Rachel Kelley, and Alisha Sears discuss the Homebuyers Privacy Protection Act, which amends the Fair Credit Reporting Act to address residential mortgage trigger leads with the goal of curbing abusive calls while preserving meaningful competition. Kim Phan, Rachel Kelley, and Alisha Sears discuss the Homebuyers Privacy Protection Act, which amends the Fair Credit Reporting Act to address residential mortgage trigger leads with the goal of curbing abusive calls while preserving meaningful competition. fcra, consumer report, fair credit reporting act, residential mortgage, homebuyers privacy protection act false full 9 4 aae75712-bc32-4d28-8e01-ef419b3c33b0 The CFPB's FCRA Preemption Flip: What It Means for Consumer Reporting In this episode of FCRA Focus, co-hosts Dave Gettings and Kim Phan are joined by partner Stefanie Jackman to unpack the Consumer Financial Protection Bureau's (CFPB) evolving interpretation of Fair Credit Reporting Act (FCRA) preemption. They trace the timeline from the CFPB's July 2022 interpretive rule, through its withdrawal in May 2025, to the October 2025 confirmation and new guidance embracing a broader view of preemption under 15 U.S.C. § 1681t(b)(1). The team discusses how the CFPB's latest stance could impact state laws regulating consumer reports beyond "credit" — including medical debt, rental information, and criminal background checks — and why interpretive rules, despite being helpful and persuasive, are not binding on courts. They also explore practical implications for litigation and compliance, the current judicial environment for agency deference, and the ongoing tension between the need for nationwide uniformity and the growing patchwork of state-by-state mini-FCRA laws.


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]]> Tue, 18 Nov 2025 05:00:00 +0000 nicole.sparkswatts@troutman.com (Dave Gettings, Kim Phan, Stefanie Jackman) https://fcra-focus.simplecast.com/episodes/the-cfpbs-fcra-preemption-flip-what-it-means-for-consumer-reporting-zMhA2hmo In this episode of FCRA Focus, co-hosts Dave Gettings and Kim Phan are joined by partner Stefanie Jackman to unpack the Consumer Financial Protection Bureau's (CFPB) evolving interpretation of Fair Credit Reporting Act (FCRA) preemption. They trace the timeline from the CFPB's July 2022 interpretive rule, through its withdrawal in May 2025, to the October 2025 confirmation and new guidance embracing a broader view of preemption under 15 U.S.C. § 1681t(b)(1). The team discusses how the CFPB's latest stance could impact state laws regulating consumer reports beyond "credit" — including medical debt, rental information, and criminal background checks — and why interpretive rules, despite being helpful and persuasive, are not binding on courts. They also explore practical implications for litigation and compliance, the current judicial environment for agency deference, and the ongoing tension between the need for nationwide uniformity and the growing patchwork of state-by-state mini-FCRA laws.


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]]> The CFPB's FCRA Preemption Flip: What It Means for Consumer Reporting Dave Gettings, Kim Phan, Stefanie Jackman 00:22:23 Dave Gettings, Kim Phan, and Stefanie Jackman unpack the Consumer Financial Protection Bureau's evolving interpretation of Fair Credit Reporting Act preemption. Dave Gettings, Kim Phan, and Stefanie Jackman unpack the Consumer Financial Protection Bureau's evolving interpretation of Fair Credit Reporting Act preemption. fcra, consumer financial protection buraeu, consumer report, fair credit reporting act, cfpb false full 8 4 8875175b-f227-4a8b-828c-6970bcc5a06b Suluki Secrets: Behind the Scenes of Reasonable Investigations In this episode of FCRA Focus, host Dave Gettings is joined by Brooke Conkle and Mandi Blackmon to explore the intricacies of a furnisher's reasonable investigation under Section 1681s-2(b) of the Fair Credit Reporting Act (FCRA). The discussion centers around the Second Circuit's recent decision in the Suluki case, which addresses the standards for conducting a reasonable investigation in the context of identity theft allegations. The hosts delve into the background of the case, the arguments presented by both parties, and the court's rationale in affirming summary judgment for the defendant. They also examine how this decision aligns with prior Second Circuit precedent and its implications for compliance and litigation strategies. Tune in for a detailed analysis of how the Suluki decision reinforces the principle that investigations must be reasonable, not perfect, and what this means for furnishers navigating similar claims.


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]]> Wed, 30 Jul 2025 04:00:00 +0000 nicole.sparkswatts@troutman.com (Dave Gettings, Brooke Conkle, Mandi Blackmon) https://fcra-focus.simplecast.com/episodes/suluki-secrets-behind-the-scenes-of-reasonable-investigations-SbbFvozr In this episode of FCRA Focus, host Dave Gettings is joined by Brooke Conkle and Mandi Blackmon to explore the intricacies of a furnisher's reasonable investigation under Section 1681s-2(b) of the Fair Credit Reporting Act (FCRA). The discussion centers around the Second Circuit's recent decision in the Suluki case, which addresses the standards for conducting a reasonable investigation in the context of identity theft allegations. The hosts delve into the background of the case, the arguments presented by both parties, and the court's rationale in affirming summary judgment for the defendant. They also examine how this decision aligns with prior Second Circuit precedent and its implications for compliance and litigation strategies. Tune in for a detailed analysis of how the Suluki decision reinforces the principle that investigations must be reasonable, not perfect, and what this means for furnishers navigating similar claims.


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]]> Suluki Secrets: Behind the Scenes of Reasonable Investigations Dave Gettings, Brooke Conkle, Mandi Blackmon 00:18:11 Dave Gettings is joined by Brooke Conkle and Mandi Blackmon to explore the intricacies of a furnisher's reasonable investigation under Section 1681s-2(b) of the Fair Credit Reporting Act. Dave Gettings is joined by Brooke Conkle and Mandi Blackmon to explore the intricacies of a furnisher's reasonable investigation under Section 1681s-2(b) of the Fair Credit Reporting Act. consumer financial protection bureau, fcra, consumer protection, financial services, credit reporting, fair credit reporting act, section 1681s-2(b), suluki v. credit one bank, cfpb, identity theft, credit report false full 7 4 b32b77c9-37e1-4f24-b739-d4775bda9c26 Regulatory Rollback: Inside the CFPB's FCRA Guidance Withdrawal In this special crossover episode between FCRA Focus and The Consumer Finance Podcast, Kim Phan, Dave Gettings, Chris Willis, and Cindy Hanson explore the recent withdrawal of Consumer Financial Protection Bureau (CFPB) guidance affecting the Fair Credit Reporting Act (FCRA). This episode provides a comprehensive analysis of how these changes impact key areas such as preemption, background screening, permissible purpose, artificial intelligence, and state attorneys general enforcement actions. The discussion highlights the implications for consumer reporting agencies, furnishers, end-users, and the broader regulatory landscape, offering valuable insights for professionals navigating these evolving challenges. Tune in to understand the potential shifts in compliance and enforcement.


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]]> Tue, 10 Jun 2025 04:00:00 +0000 nicole.sparkswatts@troutman.com (Kim Phan, Dave Gettings, Chris Willis, Cindy Hanson) https://fcra-focus.simplecast.com/episodes/regulatory-rollback-inside-the-cfpbs-fcra-guidance-withdrawal-cfp-crossover-MYa6PiV2 In this special crossover episode between FCRA Focus and The Consumer Finance Podcast, Kim Phan, Dave Gettings, Chris Willis, and Cindy Hanson explore the recent withdrawal of Consumer Financial Protection Bureau (CFPB) guidance affecting the Fair Credit Reporting Act (FCRA). This episode provides a comprehensive analysis of how these changes impact key areas such as preemption, background screening, permissible purpose, artificial intelligence, and state attorneys general enforcement actions. The discussion highlights the implications for consumer reporting agencies, furnishers, end-users, and the broader regulatory landscape, offering valuable insights for professionals navigating these evolving challenges. Tune in to understand the potential shifts in compliance and enforcement.


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]]> Regulatory Rollback: Inside the CFPB's FCRA Guidance Withdrawal Kim Phan, Dave Gettings, Chris Willis, Cindy Hanson 00:22:39 Kim Phan, Dave Gettings, Chris Willis, and Cindy Hanson explore the recent withdrawal of Consumer Financial Protection Bureau (CFPB) guidance affecting the Fair Credit Reporting Act (FCRA). Kim Phan, Dave Gettings, Chris Willis, and Cindy Hanson explore the recent withdrawal of Consumer Financial Protection Bureau (CFPB) guidance affecting the Fair Credit Reporting Act (FCRA). consumer financial protection bureau, fcra, consumer protection, background screening, consumer reporting agencies, state attorneys general, state ag, financial services, artificial intelligence, credit reporting, fair credit reporting act, permissible purpose, ai, cfpb, credit report false full 6 4 cdd707e1-7904-471c-ad0a-40627b0a8768 Tenant Tales and Reseller Realities: Inside the FCRA Arena With Eric Ellman In this episode of FCRA Focus, hosts Kim Phan and Dave Gettings are joined by Eric Ellman, president of the National Consumer Reporting Association (NCRA), for an insightful discussion on the current landscape of tenant screening and mortgage reporting resellers. Eric shares his thoughts on the challenges these industries face, including increased litigation and regulatory pressures at the state level. The conversation delves into the unique role of resellers in the consumer reporting ecosystem and the legal ambiguities affecting them. Eric also discusses the NCRA's advocacy efforts to address these issues and highlights the potential for growth through technology and artificial intelligence. Tune in to understand the complexities and opportunities within the tenant screening and reseller sectors, all while enjoying Eric's sartorial flair.


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]]> Tue, 27 May 2025 04:00:00 +0000 nicole.sparkswatts@troutman.com (Kim Phan, Dave Gettings, Eric Ellman) https://fcra-focus.simplecast.com/episodes/tenant-tales-and-reseller-realities-inside-the-fcra-arena-with-eric-ellman-e0cBjh7g In this episode of FCRA Focus, hosts Kim Phan and Dave Gettings are joined by Eric Ellman, president of the National Consumer Reporting Association (NCRA), for an insightful discussion on the current landscape of tenant screening and mortgage reporting resellers. Eric shares his thoughts on the challenges these industries face, including increased litigation and regulatory pressures at the state level. The conversation delves into the unique role of resellers in the consumer reporting ecosystem and the legal ambiguities affecting them. Eric also discusses the NCRA's advocacy efforts to address these issues and highlights the potential for growth through technology and artificial intelligence. Tune in to understand the complexities and opportunities within the tenant screening and reseller sectors, all while enjoying Eric's sartorial flair.


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]]> Tenant Tales and Reseller Realities: Inside the FCRA Arena With Eric Ellman Kim Phan, Dave Gettings, Eric Ellman 00:21:05 Kim Phan, Dave Gettings, and Eric Ellman discuss the current landscape of tenant screening and mortgage reporting resellers. Kim Phan, Dave Gettings, and Eric Ellman discuss the current landscape of tenant screening and mortgage reporting resellers. consumer financial protection bureau, fcra, consumer protection, mortgage reporting resellers, mortgage reporting, ncra, tenant screening resellers, mortgage, financial services, tenant screening, credit reporting, mortgage report, fair credit reporting act, national consumer reporting association, cfpb false full 5 4 ee7a1677-de51-4244-a1c2-4db7b9d2ead7 The Next FCRA Frontier: Identity Theft and CFPB Updates In this episode of FCRA Focus, hosts Kim Phan and Dave Gettings bring you the latest updates from the regulatory and litigation sides of the house. Dave shares his insights on the challenges and litigation surrounding identity theft investigations, offering practical tips for furnishers to navigate these complex issues. Kim provides an overview of the Consumer Financial Protection Bureau's renewed supervision efforts and what it means for Fair Credit Reporting Act compliance. Tune in for an engaging discussion filled with valuable information and practical advice.


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]]> Tue, 29 Apr 2025 04:00:00 +0000 nicole.sparkswatts@troutman.com (Kim Phan, Dave Gettings) https://fcra-focus.simplecast.com/episodes/the-next-fcra-frontier-identity-theft-and-cfpb-updates-pxQ9lwlo In this episode of FCRA Focus, hosts Kim Phan and Dave Gettings bring you the latest updates from the regulatory and litigation sides of the house. Dave shares his insights on the challenges and litigation surrounding identity theft investigations, offering practical tips for furnishers to navigate these complex issues. Kim provides an overview of the Consumer Financial Protection Bureau's renewed supervision efforts and what it means for Fair Credit Reporting Act compliance. Tune in for an engaging discussion filled with valuable information and practical advice.


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]]> The Next FCRA Frontier: Identity Theft and CFPB Updates Kim Phan, Dave Gettings 00:20:39 Kim Phan and Dave Gettings bring you the latest updates from the regulatory and litigation sides of the house. Kim Phan and Dave Gettings bring you the latest updates from the regulatory and litigation sides of the house. consumer financial protection bureau, fcra, consumer protection, financial services, credit reporting, fair credit reporting act, cfpb false full 4 4 62489964-8cd4-4788-9803-c8a355201ba9 2024 Credit Reporting Review: Impactful Changes and Future Forecast In this episode of FCRA Focus, host Dave Gettings is joined by Cindy Hanson, Scott Kelly, and Tim St. George, partners in Troutman Pepper Locke's Consumer Financial Services Practice Group, to discuss the most impactful regulatory issues in credit reporting from 2024 and their potential impact in 2025. The discussion covers developments in background screening, the Consumer Financial Protection Bureau's advisory opinions on reasonable procedures, and proposed rulemaking related to medical debt. The group also explores emerging litigation trends and the impact of recent regulatory activities on industry standards.


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]]> Fri, 28 Mar 2025 04:00:00 +0000 nicole.sparkswatts@troutman.com (Dave Gettings, Cindy Hanson, Scott Kelly, Tim St. George) https://fcra-focus.simplecast.com/episodes/2024-credit-reporting-review-impactful-changes-and-future-forecast-5fWMmhNA In this episode of FCRA Focus, host Dave Gettings is joined by Cindy Hanson, Scott Kelly, and Tim St. George, partners in Troutman Pepper Locke's Consumer Financial Services Practice Group, to discuss the most impactful regulatory issues in credit reporting from 2024 and their potential impact in 2025. The discussion covers developments in background screening, the Consumer Financial Protection Bureau's advisory opinions on reasonable procedures, and proposed rulemaking related to medical debt. The group also explores emerging litigation trends and the impact of recent regulatory activities on industry standards.


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]]> 2024 Credit Reporting Review: Impactful Changes and Future Forecast Dave Gettings, Cindy Hanson, Scott Kelly, Tim St. George 00:26:55 Dave Gettings, Cindy Hanson, Scott Kelly, and Tim St. George discuss the most impactful regulatory issues in credit reporting from 2024 and their potential impact in 2025. Dave Gettings, Cindy Hanson, Scott Kelly, and Tim St. George discuss the most impactful regulatory issues in credit reporting from 2024 and their potential impact in 2025. consumer financial protection bureau, fcra, consumer protection, background screening, financial services, credit reporting, medical debt, fair credit reporting act, cfpb false full 3 4 5242c71c-99ba-4f59-aeed-0fad07dc857d FCRA Regulatory Year in Review Join host Kim Phan and special guests David Anthony, Stefanie Jackman, and Mark Furletti as they delve into the significant Fair Credit Reporting Act (FCRA) developments of 2024 and provide insights on what to expect in 2025. This episode covers a range of topics, including the impact of the outgoing Biden Administration and the incoming Trump Administration on FCRA regulations, the Consumer Financial Protection Bureau's recent rulemaking activities, and the ongoing legal challenges. Tune in to understand the evolving landscape of consumer reporting laws and regulation and how it may affect your business. Don't miss this comprehensive review and analysis from Troutman Pepper Locke's seasoned legal professionals.

NOTE: At the time of recording this podcast did not capture recent events relating to the change in CFPB leadership and resulting instructions to CFPB staff regarding CFPB rulemakings and investigations. Stay tuned for future podcast episodes addressing these important developments.


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]]> Tue, 4 Feb 2025 05:00:00 +0000 nicole.sparkswatts@troutman.com (Mark Furletti, David Anthony, Stefanie Jackman, Kim Phan) https://fcra-focus.simplecast.com/episodes/fcra-regulatory-year-in-review-x09qc7z4 Join host Kim Phan and special guests David Anthony, Stefanie Jackman, and Mark Furletti as they delve into the significant Fair Credit Reporting Act (FCRA) developments of 2024 and provide insights on what to expect in 2025. This episode covers a range of topics, including the impact of the outgoing Biden Administration and the incoming Trump Administration on FCRA regulations, the Consumer Financial Protection Bureau's recent rulemaking activities, and the ongoing legal challenges. Tune in to understand the evolving landscape of consumer reporting laws and regulation and how it may affect your business. Don't miss this comprehensive review and analysis from Troutman Pepper Locke's seasoned legal professionals.

NOTE: At the time of recording this podcast did not capture recent events relating to the change in CFPB leadership and resulting instructions to CFPB staff regarding CFPB rulemakings and investigations. Stay tuned for future podcast episodes addressing these important developments.


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]]> FCRA Regulatory Year in Review Mark Furletti, David Anthony, Stefanie Jackman, Kim Phan 00:29:59 Kim Phan, David Anthony, Stefanie Jackman, and Mark Furletti delve into the significant Fair Credit Reporting Act (FCRA) developments of 2024 and provide insights on what to expect in 2025. Kim Phan, David Anthony, Stefanie Jackman, and Mark Furletti delve into the significant Fair Credit Reporting Act (FCRA) developments of 2024 and provide insights on what to expect in 2025. consumer financial protection bureau, fcra, consumer protection, trump administration, financial services, credit reporting, fair credit reporting act, cfpb false full 2 4 f2a4a321-1efb-4e74-a87f-b540a9b9e15c Recent Developments in California's Arbitration Landscape Join host Dave Gettings and guest Elizabeth Holt Andrews in this episode of FCRA Focus as they delve into the complexities of arbitration in California, a frequent battleground for FCRA cases. Elizabeth, an appellate attorney from Troutman Pepper Locke's San Francisco office, shares updates on a major arbitration case pending in the California Supreme Court, Hohenshelt v. Superior Court. They explore the implications of recently enacted California statutes governing arbitration, the potential national impact, and the challenges businesses face under these new rules. Tune in for an insightful conversation on the evolving arbitration landscape and what it means for consumer financial services companies. Don't miss this engaging episode filled with in-depth analysis and practical insights.


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]]> Tue, 7 Jan 2025 05:00:00 +0000 nicole.sparkswatts@troutman.com (Dave Gettings, Elizabeth Holt Andrews) https://fcra-focus.simplecast.com/episodes/recent-developments-in-californias-arbitration-landscape-2BOS7HV9 Join host Dave Gettings and guest Elizabeth Holt Andrews in this episode of FCRA Focus as they delve into the complexities of arbitration in California, a frequent battleground for FCRA cases. Elizabeth, an appellate attorney from Troutman Pepper Locke's San Francisco office, shares updates on a major arbitration case pending in the California Supreme Court, Hohenshelt v. Superior Court. They explore the implications of recently enacted California statutes governing arbitration, the potential national impact, and the challenges businesses face under these new rules. Tune in for an insightful conversation on the evolving arbitration landscape and what it means for consumer financial services companies. Don't miss this engaging episode filled with in-depth analysis and practical insights.


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]]> Recent Developments in California's Arbitration Landscape Dave Gettings, Elizabeth Holt Andrews 00:24:49 Dave Gettings and Elizabeth Holt Andrews delve into the complexities of arbitration in California, a frequent battleground for FCRA cases. Dave Gettings and Elizabeth Holt Andrews delve into the complexities of arbitration in California, a frequent battleground for FCRA cases. fcra, consumer protection, financial services, credit reporting, fair credit reporting act false full 1 4 b1d7ea3b-9a8c-43e6-afba-bc168128bfde The FHA's Impact on Consumer Reporting Agencies In this episode of FCRA Focus, host Dave Gettings is joined by fellow partner Tim St. George to delve into the intersection of the Fair Housing Act (FHA), consumer reporting agencies, and The Fair Credit Reporting Act (FCRA). They explore the nuances of FHA claims, including disparate treatment and disparate impact, and discuss the implications for tenant screening and mortgage consumer reporting agencies. Tim shares insights from his extensive experience in federal trials and appeals involving FHA claims, offering valuable perspectives on compliance strategies and the evolving legal landscape. Tune in to understand how the FHA could affect your business practices and what steps you can take to mitigate potential liabilities.


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]]> Tue, 10 Dec 2024 14:05:00 +0000 nicole.sparkswatts@troutman.com (Dave Gettings, Tim St. George) https://fcra-focus.simplecast.com/episodes/the-fhas-impact-on-consumer-reporting-agencies-77ozwGlZ In this episode of FCRA Focus, host Dave Gettings is joined by fellow partner Tim St. George to delve into the intersection of the Fair Housing Act (FHA), consumer reporting agencies, and The Fair Credit Reporting Act (FCRA). They explore the nuances of FHA claims, including disparate treatment and disparate impact, and discuss the implications for tenant screening and mortgage consumer reporting agencies. Tim shares insights from his extensive experience in federal trials and appeals involving FHA claims, offering valuable perspectives on compliance strategies and the evolving legal landscape. Tune in to understand how the FHA could affect your business practices and what steps you can take to mitigate potential liabilities.


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]]> The FHA's Impact on Consumer Reporting Agencies Dave Gettings, Tim St. George 00:23:21 Dave Gettings and Tim St. George delve into the intersection of the Fair Housing Act, consumer reporting agencies, and The Fair Credit Reporting Act. Dave Gettings and Tim St. George delve into the intersection of the Fair Housing Act, consumer reporting agencies, and The Fair Credit Reporting Act. fha, fcra, consumer protection, fair housing act, financial services, credit reporting, fair credit reporting act false full 11 3 b107b757-9a92-448b-a625-6f6bdfa67c1a How to NOT Be Considered a CRA In this episode of FCRA Focus, hosts Kim Phan and Dave Gettings welcome Mark Furletti, co-leader of Troutman Pepper's Consumer Financial Services Regulatory practice. Mark shares his extensive knowledge on the Fair Credit Reporting Act (FCRA) and provides practical advice on how companies, especially fintechs, can operate without becoming a consumer reporting agency (CRA) under the FCRA. The discussion delves into the intricate definitions within the FCRA, common pitfalls, and best practices. Tune in to learn how to navigate the regulatory landscape and mitigate risks associated with consumer report information. Don't miss this insightful conversation packed with tips and real-world examples.


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]]> Tue, 19 Nov 2024 14:15:00 +0000 nicole.sparkswatts@troutman.com (Dave Gettings, Kim Phan, Mark Furletti) https://fcra-focus.simplecast.com/episodes/how-to-not-be-considered-a-cra-rxWGa6ld In this episode of FCRA Focus, hosts Kim Phan and Dave Gettings welcome Mark Furletti, co-leader of Troutman Pepper's Consumer Financial Services Regulatory practice. Mark shares his extensive knowledge on the Fair Credit Reporting Act (FCRA) and provides practical advice on how companies, especially fintechs, can operate without becoming a consumer reporting agency (CRA) under the FCRA. The discussion delves into the intricate definitions within the FCRA, common pitfalls, and best practices. Tune in to learn how to navigate the regulatory landscape and mitigate risks associated with consumer report information. Don't miss this insightful conversation packed with tips and real-world examples.


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]]> How to NOT Be Considered a CRA Dave Gettings, Kim Phan, Mark Furletti 00:21:28 Kim Phan, Dave Gettings, and Mark Furletti provide practical advice on how companies, especially fintechs, can operate without becoming a consumer reporting agency under the Fair Credit Reporting Act. Kim Phan, Dave Gettings, and Mark Furletti provide practical advice on how companies, especially fintechs, can operate without becoming a consumer reporting agency under the Fair Credit Reporting Act. fintech, cra, fcra, consumer protection, consumer reporting agency, fcra compliance, financial services, credit reporting, fair credit reporting act, financial technology false full 10 3 b16c00f6-c32d-40ad-a07c-be97f550790b Breaking Down Credit Reporting With Credit Builders Alliance Join Kim Phan, co-host of the Troutman Pepper podcast, FCRA Focus, as she welcomes special guests from the Credit Builders Alliance (CBA). In this episode, Chief Technical Officer Elisabeth Johnson-Crawford and Manager of Bureau Services Arinze Nwadiogbu, share their insights on the challenges and strategies for smaller entities in credit reporting. Learn about the benefits of credit reporting, the legal risks involved, and the comprehensive support CBA provides to its nonprofit members. From initial setup to ongoing compliance, discover how CBA helps organizations navigate the complexities of the credit reporting system. Tune in for an in-depth discussion on FCRA compliance, alternative data, and more. Don't miss this informative episode packed with valuable advice and practical solutions for credit reporting success.


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]]> Tue, 24 Sep 2024 04:00:00 +0000 nicole.sparkswatts@troutman.com (Kim Phan, Elisabeth Johnson-Crawford, Arinze Nwadiogbu) https://fcra-focus.simplecast.com/episodes/breaking-down-credit-reporting-with-credit-builders-alliance-Y9GXdcE5 Join Kim Phan, co-host of the Troutman Pepper podcast, FCRA Focus, as she welcomes special guests from the Credit Builders Alliance (CBA). In this episode, Chief Technical Officer Elisabeth Johnson-Crawford and Manager of Bureau Services Arinze Nwadiogbu, share their insights on the challenges and strategies for smaller entities in credit reporting. Learn about the benefits of credit reporting, the legal risks involved, and the comprehensive support CBA provides to its nonprofit members. From initial setup to ongoing compliance, discover how CBA helps organizations navigate the complexities of the credit reporting system. Tune in for an in-depth discussion on FCRA compliance, alternative data, and more. Don't miss this informative episode packed with valuable advice and practical solutions for credit reporting success.


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]]> Breaking Down Credit Reporting With Credit Builders Alliance Kim Phan, Elisabeth Johnson-Crawford, Arinze Nwadiogbu 00:25:07 Kim Phan welcomes Elisabeth Johnson-Crawford and Arinze Nwadiogbu of the Credit Builders Alliance to share their insights on the challenges and strategies for smaller entities in credit reporting. Kim Phan welcomes Elisabeth Johnson-Crawford and Arinze Nwadiogbu of the Credit Builders Alliance to share their insights on the challenges and strategies for smaller entities in credit reporting. fcba, fcra, consumer protection, fcra compliance, creditor, financial services, credit reporting, debt collection, consumer reporting, fair credit reporting act, fair credit billing act false full 9 3 f4d37ec5-bd2e-4e1c-9e02-b333b827ed70 Navigating FCRA and Debt Collection With Special Guest Bridgeforce's Michelle Macartney In this episode of FCRA Focus, host Kim Phan is joined by fellow Troutman Pepper partner Stefanie Jackman and Michelle Macartney, managing partner and chief compliance officer at Bridgeforce. Together, they delve into the complexities of reporting collections activity to consumer reporting agencies. Michelle shares her extensive experience in consumer reporting compliance, offering valuable insights into the challenges and best practices for maintaining data accuracy and handling disputes. The discussion also covers the latest CFPB draft rulemaking on medical debt and its implications for consumer reporting agencies, end users, and furnishers. Tune in to learn how to navigate the intersection of FCRA and debt collection as well as discover effective compliance strategies to mitigate risks in today's regulatory environment. Don't miss this informative episode packed with practical tips and industry updates!


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]]> Tue, 20 Aug 2024 13:00:00 +0000 nicole.sparkswatts@troutman.com (Kim Phan, Michelle Macartney, Stefanie Jackman) https://fcra-focus.simplecast.com/episodes/navigating-fcra-and-debt-collection-with-special-guest-bridgeforces-michelle-macartney-gxI69G_k In this episode of FCRA Focus, host Kim Phan is joined by fellow Troutman Pepper partner Stefanie Jackman and Michelle Macartney, managing partner and chief compliance officer at Bridgeforce. Together, they delve into the complexities of reporting collections activity to consumer reporting agencies. Michelle shares her extensive experience in consumer reporting compliance, offering valuable insights into the challenges and best practices for maintaining data accuracy and handling disputes. The discussion also covers the latest CFPB draft rulemaking on medical debt and its implications for consumer reporting agencies, end users, and furnishers. Tune in to learn how to navigate the intersection of FCRA and debt collection as well as discover effective compliance strategies to mitigate risks in today's regulatory environment. Don't miss this informative episode packed with practical tips and industry updates!


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]]> Navigating FCRA and Debt Collection With Special Guest Bridgeforce's Michelle Macartney Kim Phan, Michelle Macartney, Stefanie Jackman 00:29:30 Kim Phan, Stefanie Jackman, and Michelle Macartney delve into the complexities of reporting collections activity to consumer reporting agencies. Kim Phan, Stefanie Jackman, and Michelle Macartney delve into the complexities of reporting collections activity to consumer reporting agencies. fcba, fcra, consumer protection, fcra compliance, creditor, financial services, credit reporting, debt collection, consumer reporting, fair credit reporting act, fair credit billing act false full 8 3 47eaea49-ff8e-4090-b902-5990bfe3b3d5 The Fair Credit Billing Act: Key Insights and Practical Tips In this episode of FCRA Focus, host Dave Gettings and his colleague Courtney Hitchcock explore the complexities of the Fair Credit Billing Act (FCBA). With an increase in FCBA claims, including those from pro se litigants, it is essential for creditors to understand the procedural requirements and potential challenges. Courtney discusses the basics of the FCBA, common billing errors, and the steps creditors should take when faced with a claim. She also provides practical strategies for effectively handling FCBA disputes. Tune in for an informative discussion that will help you navigate FCBA claims with confidence.


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]]> Tue, 11 Jun 2024 04:00:00 +0000 nicole.sparkswatts@troutman.com (Dave Gettings, Courtney Hitchcock) https://fcra-focus.simplecast.com/episodes/the-fair-credit-billing-act-key-insights-and-practical-tips-PZzBVKnF In this episode of FCRA Focus, host Dave Gettings and his colleague Courtney Hitchcock explore the complexities of the Fair Credit Billing Act (FCBA). With an increase in FCBA claims, including those from pro se litigants, it is essential for creditors to understand the procedural requirements and potential challenges. Courtney discusses the basics of the FCBA, common billing errors, and the steps creditors should take when faced with a claim. She also provides practical strategies for effectively handling FCBA disputes. Tune in for an informative discussion that will help you navigate FCBA claims with confidence.


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]]> The Fair Credit Billing Act: Key Insights and Practical Tips Dave Gettings, Courtney Hitchcock 00:16:28 In this episode, Dave Gettings and Courtney Hitchcock explore the complexities of the Fair Credit Billing Act. In this episode, Dave Gettings and Courtney Hitchcock explore the complexities of the Fair Credit Billing Act. fcba, fcra, consumer protection, fcra compliance, creditor, financial services, credit reporting, fair credit reporting act, fair credit billing act false full 7 3 f3220384-8a43-4500-8a1a-32c359abff41 The Kirtz Decision: FCRA and Government Liability Unpacked In this insightful episode of FCRA Focus, host Dave Gettings and guest Jonathan DeMars, an associate in Troutman Pepper's Consumer Financial Services Practice Group, delve into the recent Supreme Court decision in Department of Agriculture Rural Development Rural Housing Service v. Kirtz. This ruling examines the potential liability of the government under the Fair Credit Reporting Act (FCRA) and has implications through the legal community and beyond. Join us as we explore the intricacies of the case, the arguments that swayed the Supreme Court, and the likely effects on both government entities and private parties. This episode offers our insights into a case that defines the boundaries of sovereign immunity within the realm of credit reporting.


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]]> Tue, 14 May 2024 13:00:00 +0000 nicole.sparkswatts@troutman.com (Jonathan DeMars, Dave Gettings) https://fcra-focus.simplecast.com/episodes/the-kirtz-decision-fcra-and-government-liability-unpacked-aTkfn8SS In this insightful episode of FCRA Focus, host Dave Gettings and guest Jonathan DeMars, an associate in Troutman Pepper's Consumer Financial Services Practice Group, delve into the recent Supreme Court decision in Department of Agriculture Rural Development Rural Housing Service v. Kirtz. This ruling examines the potential liability of the government under the Fair Credit Reporting Act (FCRA) and has implications through the legal community and beyond. Join us as we explore the intricacies of the case, the arguments that swayed the Supreme Court, and the likely effects on both government entities and private parties. This episode offers our insights into a case that defines the boundaries of sovereign immunity within the realm of credit reporting.


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]]> The Kirtz Decision: FCRA and Government Liability Unpacked Jonathan DeMars, Dave Gettings 00:17:58 Host Dave Gettings and guest Jonathan DeMars delve into the recent Supreme Court decision in Department of Agriculture Rural Development Rural Housing Service v. Kirtz. Host Dave Gettings and guest Jonathan DeMars delve into the recent Supreme Court decision in Department of Agriculture Rural Development Rural Housing Service v. Kirtz. fcra, consumer protection, fcra compliance, financial services, credit reporting, fair credit reporting act, kirtz v. department of agriculture false full 6 3 0ffaa63d-c085-4556-8bcc-1135d6da5b9b Resolving FCRA Disputes With e-OSCAR: Insights from Joel Strickland 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.


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]]> Tue, 30 Apr 2024 13:00:00 +0000 nicole.sparkswatts@troutman.com (Kim Phan) https://fcra-focus.simplecast.com/episodes/resolving-fcra-disputes-with-e-oscar-insights-from-joel-strickland-ITTJZk_p 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.


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]]> Resolving FCRA Disputes With e-OSCAR: Insights from Joel Strickland Kim Phan 00:24:27 In this episode of the FCRA Focus podcast, host Kim Phan and guest Joel Strickland discuss the e-OSCAR system for dispute resolution. Strickland clarifies e-OSCAR's role, available resources for data furnishers, and emphasizes the importance of legal and compliance consultations. In this episode of the FCRA Focus podcast, host Kim Phan and guest Joel Strickland discuss the e-OSCAR system for dispute resolution. Strickland clarifies e-OSCAR's role, available resources for data furnishers, and emphasizes the importance of legal and compliance consultations. fcra, consumer protection, fcra compliance, financial services, fair credit reporting act, dispute resolution, data furnishers, credit dispute false full 5 3 b8554bc6-e912-48d7-8898-c2ba98de424f Innovative Jury Strategies and the Power of Preparation 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.


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]]> Tue, 12 Mar 2024 04:00:00 +0000 nicole.sparkswatts@troutman.com (Dave Gettings, Jason Manning) https://fcra-focus.simplecast.com/episodes/innovative-jury-strategies-and-the-power-of-preparation-fQW1e4jA 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.


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]]> Innovative Jury Strategies and the Power of Preparation Dave Gettings, Jason Manning 00:22:39 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. 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. fcra, consumer protection, court, jury, fcra compliance, financial services, fair credit reporting act, courtroom false full 4 3 3ac823a1-1787-4b62-b2a8-46d127d6f770 CFPB Advisories on Background Checks and File Disclosures 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.


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]]> Tue, 20 Feb 2024 05:00:00 +0000 nicole.sparkswatts@troutman.com (Kim Phan, Dave Gettings, Cindy Hanson, Ron Raether) https://fcra-focus.simplecast.com/episodes/cfpb-advisories-on-background-checks-and-file-disclosures-V_q_neSg 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.


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]]> CFPB Advisories on Background Checks and File Disclosures Kim Phan, Dave Gettings, Cindy Hanson, Ron Raether 00:34:08 Troutman Pepper Partners Kim Phan, Dave Gettings, Cindy Hanson, and Ron Raether discuss recent CFPB advisory opinions on accuracy in background check reports and the inclusion of data sources in response to consumer file disclosure requests. Troutman Pepper Partners Kim Phan, Dave Gettings, Cindy Hanson, and Ron Raether discuss recent CFPB advisory opinions on accuracy in background check reports and the inclusion of data sources in response to consumer file disclosure requests. consumer financial protection bureau, fcra, consumer protection, federal preemption, background checks, background screening, fcra compliance, financial services, fair credit reporting act, cfpb false full 3 3 e08d48b9-d8fa-4611-9430-6cea3a1a5020 Year in Review and a Look Ahead: The Evolving Landscape of Background Screening and Credit Reporting 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.


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]]> Tue, 6 Feb 2024 05:00:00 +0000 nicole.sparkswatts@troutman.com (Dave Gettings, Kim Phan, Chris Willis, Cindy Hanson, Alan Wingfield) https://fcra-focus.simplecast.com/episodes/year-in-review-and-a-look-ahead-the-evolving-landscape-of-background-screening-and-credit-reporting-S9sVgcpZ 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.


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]]> Year in Review and a Look Ahead: The Evolving Landscape of Background Screening and Credit Reporting Dave Gettings, Kim Phan, Chris Willis, Cindy Hanson, Alan Wingfield 00:32:10 Our speakers 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. Our speakers 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. fcra, consumer protection, background screening, financial services, credit reporting, fair credit reporting act, consumer finance false full 2 3 7b45a101-8465-4331-8233-b5863a74f030 State Laws on Screening and Federal Preemption – Where Are We Now and Where Are We Heading? 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:

  • Significant developments in state and local law governing screening;
  • The impact of these developments on the screening process and strategies for compliance, including in the context of unclear and uninterpreted statutory language;
  • An overview of the concept of federal preemption;
  • Recent developments regarding federal preemption and what those developments mean for your business operations; and
  • Insights into how regulators view federal preemption and the future of this issue.

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]]> Tue, 23 Jan 2024 05:00:00 +0000 nicole.sparkswatts@troutman.com (Dave Gettings, Kim Phan, Cindy Hanson, Tim St. George) https://fcra-focus.simplecast.com/episodes/state-laws-on-screening-and-federal-preemption-where-are-we-now-and-where-are-we-heading-ny2s2_HH 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:

  • Significant developments in state and local law governing screening;
  • The impact of these developments on the screening process and strategies for compliance, including in the context of unclear and uninterpreted statutory language;
  • An overview of the concept of federal preemption;
  • Recent developments regarding federal preemption and what those developments mean for your business operations; and
  • Insights into how regulators view federal preemption and the future of this issue.

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]]> State Laws on Screening and Federal Preemption – Where Are We Now and Where Are We Heading? Dave Gettings, Kim Phan, Cindy Hanson, Tim St. George 00:33:47 Troutman Pepper Partners Dave Gettings, Tim St. George, and Cindy Hanson discuss federal preemption as it relates to state laws and the Fair Credit Reporting Act (FCRA). Troutman Pepper Partners Dave Gettings, Tim St. George, and Cindy Hanson discuss federal preemption as it relates to state laws and the Fair Credit Reporting Act (FCRA). fcra, consumer protection, federal preemption, background screening, financial services, fair credit reporting act false full 1 3 1eb81bcb-3dcf-4842-b8e9-95c2a1cf465f New Developments in the CFPB's FCRA Rulemaking Process – What's Next? - Crossover Episode With The Consumer Finance Podcast 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:

  • The anticipated timeline for public comment;
  • The removal of medical debt from credit reports; 
  • The results of the Small Business Review Panels held in October, and potential reinstatement in the future; 
  • The CFPB’s “interpretation” of various definitions in the FCRA, such as the meaning of a consumer reporting agency and a consumer report;
  • New obligations imposed on furnishers and end-users regarding permissible purpose;
  • The impact of these new rules on other industries;
  • Anticipation for an uptick in FCRA litigation once the rules are finalized; and 
  • Next steps for businesses that will be impacted by the new rules.

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]]> Thu, 7 Dec 2023 05:00:00 +0000 nicole.sparkswatts@troutman.com (Chris Willis, Kim Phan, Dave Gettings, Ron Raether) https://fcra-focus.simplecast.com/episodes/new-developments-in-the-cfpbs-fcra-rulemaking-process-whats-next-crossover-episode-with-the-consumer-finance-podcast-BQZ5_J5N 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:

  • The anticipated timeline for public comment;
  • The removal of medical debt from credit reports; 
  • The results of the Small Business Review Panels held in October, and potential reinstatement in the future; 
  • The CFPB’s “interpretation” of various definitions in the FCRA, such as the meaning of a consumer reporting agency and a consumer report;
  • New obligations imposed on furnishers and end-users regarding permissible purpose;
  • The impact of these new rules on other industries;
  • Anticipation for an uptick in FCRA litigation once the rules are finalized; and 
  • Next steps for businesses that will be impacted by the new rules.

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]]> New Developments in the CFPB's FCRA Rulemaking Process – What's Next? - Crossover Episode With The Consumer Finance Podcast Chris Willis, Kim Phan, Dave Gettings, Ron Raether 00:26:42 Troutman Pepper Partners Chris Willis, Dave Gettings, Kim Phan, and Ron Raether look at the latest developments in the CFPB’s FCRA rulemaking process. Troutman Pepper Partners Chris Willis, Dave Gettings, Kim Phan, and Ron Raether look at the latest developments in the CFPB’s FCRA rulemaking process. consumer financial protection bureau, fcra rulemaking, fcra, consumer reporting agency, creditor, credit reports, credit reporting, consumer report, fair credit reporting act, cfpb, small business review panels false full 7 2 d883be82-fa37-4335-b5d2-7502926f76ea CFPB's Rulemaking Under the FCRA (Part 3) – Crossover Episode With The Consumer Finance Podcast 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.


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]]> Thu, 21 Sep 2023 04:00:00 +0000 nicole.sparkswatts@troutman.com (Dave Gettings, Chris Willis, Ethan Ostroff, Kim Phan, Ron Raether) https://fcra-focus.simplecast.com/episodes/cfpbs-rulemaking-under-the-fcra-part-3-crossover-episode-with-the-consumer-finance-podcast-fUzaqu1s 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.


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]]> CFPB's Rulemaking Under the FCRA (Part 3) – Crossover Episode With The Consumer Finance Podcast Dave Gettings, Chris Willis, Ethan Ostroff, Kim Phan, Ron Raether 00:26:04 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. 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. data brokers, consumer financial protection bureau, fcra, consumer protection, consumer reporting agencies, financial services, consumer financial services, fair credit reporting act, consumer finance, cfpb false full 6 2 3bd04f94-6fb1-4800-9044-11fb3555120b CFPB's Rulemaking Under the FCRA (Part 2) – Crossover Episode With The Consumer Finance Podcast 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.


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]]> Thu, 14 Sep 2023 04:00:00 +0000 nicole.sparkswatts@troutman.com (Dave Gettings, Chris Willis, Kim Phan, Ron Raether, Ethan Ostroff) https://fcra-focus.simplecast.com/episodes/cfpbs-rulemaking-under-the-fcra-part-2-crossover-episode-with-the-consumer-finance-podcast-zEZ0n1NQ 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.


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]]> CFPB's Rulemaking Under the FCRA (Part 2) – Crossover Episode With The Consumer Finance Podcast Dave Gettings, Chris Willis, Kim Phan, Ron Raether, Ethan Ostroff 00:28:50 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. 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. data brokers, consumer financial protection bureau, fcra, consumer protection, consumer reporting agencies, financial services, consumer financial services, fair credit reporting act, consumer finance, cfpb false full 5 2 ad3f54c5-0655-4d31-aa3c-ce8c8e1f0de9 CFPB's Rulemaking Under the FCRA – Crossover Episode With The Consumer Finance Podcast 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.


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]]> Thu, 7 Sep 2023 04:00:00 +0000 nicole.sparkswatts@troutman.com (Dave Gettings, Chris Willis, Ethan Ostroff, Kim Phan) https://fcra-focus.simplecast.com/episodes/cfpbs-rulemaking-under-the-fcra-crossover-episode-with-the-consumer-finance-podcast-1cl5Wcna 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.


Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

]]> CFPB's Rulemaking Under the FCRA – Crossover Episode With The Consumer Finance Podcast Dave Gettings, Chris Willis, Ethan Ostroff, Kim Phan 00:29:31 In the first episode in a three-part series covering the CFPB's intention to propose new rules under the FCRA, we explore the historical events that led us to this point, next steps in the rulemaking process, expected timeline for a final rule, how the CFPB is coordinating with the FTC and other regulators, and expected proposed rulemaking regarding credit header data and data brokers. In the first episode in a three-part series covering the CFPB's intention to propose new rules under the FCRA, we explore the historical events that led us to this point, next steps in the rulemaking process, expected timeline for a final rule, how the CFPB is coordinating with the FTC and other regulators, and expected proposed rulemaking regarding credit header data and data brokers. consumer financial protection bureau, fcra, consumer protection, financial services, consumer financial services, fair credit reporting act, consumer finance, cfpb false full 4 2 7b82397e-b7df-4af5-8996-48374b016f93 Using Expert Witnesses in FCRA Cases 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:

  • What is an expert witness and how does an expert witness differ from a fact witness?
  • Are expert witnesses overutilized or underutilized in FCRA cases?
  • How to best use expert witness to explain industry standards and rebut plaintiffs' liability, damages, and class certification theories.
  • Potential issues to look out for when retaining an expert witness, including common pitfalls.

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]]> Tue, 18 Jul 2023 04:00:00 +0000 nicole.sparkswatts@troutman.com (Dave Gettings, Tim St. George, Jessica Lohr) https://fcra-focus.simplecast.com/episodes/using-expert-witnesses-in-fcra-cases-O07Kod65 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:

  • What is an expert witness and how does an expert witness differ from a fact witness?
  • Are expert witnesses overutilized or underutilized in FCRA cases?
  • How to best use expert witness to explain industry standards and rebut plaintiffs' liability, damages, and class certification theories.
  • Potential issues to look out for when retaining an expert witness, including common pitfalls.

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]]> Using Expert Witnesses in FCRA Cases Dave Gettings, Tim St. George, Jessica Lohr 00:34:33 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. 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. expert witnesses, fcra, expert witness, fair credit reporting act false full 3 2 c154a6a1-948a-4f74-b679-e157b17997a6 AI: Impact and Use in Background Screening - Crossover Episode With the Regulatory Oversight Podcast 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.


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]]> Wed, 7 Jun 2023 04:00:00 +0000 nicole.sparkswatts@troutman.com (Dave Gettings, Ron Raether, Stephen Piepgrass) https://fcra-focus.simplecast.com/episodes/ai-impact-and-use-in-background-screening-crossover-episode-with-the-regulatory-oversight-podcast-fSmWsgki 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.


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]]> AI: Impact and Use in Background Screening - Crossover Episode With the Regulatory Oversight Podcast Dave Gettings, Ron Raether, Stephen Piepgrass 00:24:49 In this crossover episode, Stephen Piepgrass, 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. In this crossover episode, Stephen Piepgrass, 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. background screening, state attorneys general, state ag, tenant screening, artificial intelligence, employers, ai, employment, algorithms false full 2 2 60ddbce3-43ef-4f2d-9642-f7b9dfee463c 2022 Year in Review and Look Ahead Crossover With The Consumer Finance Podcast 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.


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]]> Fri, 17 Feb 2023 05:00:00 +0000 nicole.sparkswatts@troutman.com (Dave Gettings, Cindy Hanson, David Anthony, Chris Willis) https://fcra-focus.simplecast.com/episodes/2022-year-in-review-and-look-ahead-crossover-with-the-consumer-finance-podcast-ydHL_SNU 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.


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]]> 2022 Year in Review and Look Ahead Crossover With The Consumer Finance Podcast Dave Gettings, Cindy Hanson, David Anthony, Chris Willis 00:28:01 In this crossover episode with The Consumer Finance Podcast, Dave Gettings, Chris Willis, Cindy Hanson, and David Anthony discuss the 2022 year in review of the Fair Credit Reporting Act and a look ahead for the next year. In this crossover episode with The Consumer Finance Podcast, Dave Gettings, Chris Willis, Cindy Hanson, and David Anthony discuss the 2022 year in review of the Fair Credit Reporting Act and a look ahead for the next year. consumer financial protection bureau, fcra, credit reporting, fair credit reporting act, cfpb false full 1 2 86d9d485-fb96-44f0-b238-23e29715dcd9 CFPB's Involvement in Tenant Screening 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.


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]]> Thu, 5 Jan 2023 05:00:00 +0000 nicole.sparkswatts@troutman.com (Dave Gettings, Ron Raether) https://fcra-focus.simplecast.com/episodes/cfpbs-involvement-in-tenant-screening-Utxo9VyB 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.


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]]> CFPB's Involvement in Tenant Screening Dave Gettings, Ron Raether 00:25:49 Dave Gettings and Ron Raether discuss the Consumer Financial Protection Bureau's supervision of the tenant screening industry and examine issues facing tenant screening companies and what can be done in the industry. Dave Gettings and Ron Raether discuss the Consumer Financial Protection Bureau's supervision of the tenant screening industry and examine issues facing tenant screening companies and what can be done in the industry. consumer financial protection bureau, tenant screening, credit reporting, cfpb false full 7 1 b4c9c7b8-7d56-4674-832a-708103f0814d An Inside Look as a Juror 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.


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]]> Tue, 1 Nov 2022 04:00:00 +0000 nicole.sparkswatts@troutman.com (Dave Gettings, Virginia Flynn, Jessica Lohr) https://fcra-focus.simplecast.com/episodes/an-inside-look-as-a-juror-irHjXAic 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.


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]]> An Inside Look as a Juror Dave Gettings, Virginia Flynn, Jessica Lohr 00:30:23 Dave Gettings, Jessica Lohr, and Virginia Flynn 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. Dave Gettings, Jessica Lohr, and Virginia Flynn 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. jury, juror, criminal case false full 6 1 1c44d2e5-af2f-44e5-b85a-59073836cc50 Third Circuit Hands Down Decision in FCRA Pay Status Cases 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.


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]]> Fri, 7 Oct 2022 14:07:14 +0000 nicole.sparkswatts@troutman.com (Dave Gettings, Ethan Ostroff, Brooke Conkle, Jon Kenney) https://fcra-focus.simplecast.com/episodes/third-circuit-hands-down-decision-in-fcra-pay-status-cases-8_8Njwrd 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.


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]]> Third Circuit Hands Down Decision in FCRA Pay Status Cases Dave Gettings, Ethan Ostroff, Brooke Conkle, Jon Kenney 00:28:50 Dave Gettings, Ethan Ostroff, Brooke Conkle, and Jon Kenney 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. Dave Gettings, Ethan Ostroff, Brooke Conkle, and Jon Kenney 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. bibbs case, pay status true full 5 1 0af26e50-14f8-4554-83fe-7b9e12f86046 CFPB’s Increasingly Active Interest in Credit Reporting 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.


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]]> Thu, 4 Aug 2022 19:13:50 +0000 nicole.sparkswatts@troutman.com (Ethan Ostroff, Dave Gettings) https://fcra-focus.simplecast.com/episodes/cfpbs-increasingly-active-interest-in-credit-reporting-LwUa8T1I 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.


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]]> CFPB’s Increasingly Active Interest in Credit Reporting Ethan Ostroff, Dave Gettings 00:17:37 Dave Gettings and Ethan Ostroff 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. Dave Gettings and Ethan Ostroff 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. credit reporting false full 4 1 2d01d6a8-a5e0-4bfe-a462-c2c2c32f9645 A Conversation with Kristi Kelly of Kelly Guzzo 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.


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]]> Tue, 5 Jul 2022 12:53:32 +0000 nicole.sparkswatts@troutman.com (Kristi Kelly, Dave Gettings) https://fcra-focus.simplecast.com/episodes/a-conversation-with-kristi-kelly-of-kelly-guzzo-hdJwmubg 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.


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]]> A Conversation with Kristi Kelly of Kelly Guzzo Kristi Kelly, Dave Gettings 00:24:41 Dave Gettings and guest Kristi Kelly, one of the founders of Kelly Guzzo PLC, discuss current FCRA trends from the plaintiffs’ counsel perspective. Dave Gettings and guest Kristi Kelly, one of the founders of Kelly Guzzo PLC, discuss current FCRA trends from the plaintiffs’ counsel perspective. fcra trends false full 3 1 9a8c8c83-41ef-4ee5-9c4c-b6e6bc229214 An Industry Perspective: A Conversation with Eric Ellman of the Consumer Data Industry Association 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.”


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]]> Fri, 3 Jun 2022 04:00:00 +0000 nicole.sparkswatts@troutman.com (Troutman Pepper Locke) https://fcra-focus.simplecast.com/episodes/an-industry-perspective-a-conversation-with-eric-ellman-of-the-consumer-data-industry-association-Jl3NYvml 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.”


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]]> An Industry Perspective: A Conversation with Eric Ellman of the Consumer Data Industry Association Troutman Pepper Locke 00:24:52 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.” 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.” false full 2 1 https://pepper.hipcast.com/deluge/pepper-20220309010525-4145.mp3 FCRA Litigation: A Look Ahead for 2022 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.


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]]> Wed, 9 Mar 2022 07:08:04 +0000 nicole.sparkswatts@troutman.com (Troutman Pepper Locke) https://fcra-focus.simplecast.com/episodes/fcra-litigation-a-look-ahead-for-2022-yoM7AXT_ 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.


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]]> FCRA Litigation: A Look Ahead for 2022 Troutman Pepper Locke 00:18:54 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. 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. false full 1 1