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Monday, May 6, 2019

  • Regulatory Developments Track: TCPA Legal and Compliance Developments

    Location: Empire Ballroom B,
    Level Two


    Speaker(s)

    Nicole Booth, Vice President, Public Policy, Quicken Loans, Inc.

    Eric Troutman, Partner, Squire Patton Boggs

    Edward Chang, Partner, Consumer Financial Services, Blank Rome LLP

    Daniel J.T. McKenna, Partner, Ballard Spahr LLP

    Breakout Session,

    Regulatory Developments Track

    The Telephone Consumer Protection Act (TCPA) is one of the largest sources of potential liability for businesses today and the rules are constantly changing. Learn what has changed in the regulations, how to best protect yourself from liability and the latest from the cases being litigated.

    Speaker(s)

    Nicole Booth, Vice President, Public Policy, Quicken Loans, Inc.

    Nicole Booth serves as Vice President of Public Policy at Quicken Loans, the nation’s largest online home loan lender. Nicole advocates for the company’s government agenda through regulatory and legislative activities with a focus on telecom and “techfin” policy. She joined the Quicken Loans Family in August 2012.  Prior to Quicken Loans, Nicole was a member of the K&L Gates Public Policy and Law Practice in Washington, D.C., where she focused on financial services, higher education and the State of Michigan policy issues. Nicole also spent time on Capitol Hill working on legislative issues in the personal office of former Ways and Means Committee Chairman Dave Camp and former New Hampshire Congressman Jeb Bradley.  Nicole currently serves on the boards of the Electronic Signatures and Records Association, Arizona Mortgage Lenders Association, Nevada Mortgage Lenders Association and New York Mortgage Bankers Association. Nicole previously served on the board of Women in Housing & Finance, an association of women and men that actively promotes its members in housing, financial services, and professional enrichment.

    Eric Troutman, Partner, Squire Patton Boggs

    Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems.  Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience.  While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail.  Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure.  Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense.  In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

    Edward Chang, Partner, Consumer Financial Services, Blank Rome LLP

    Edward Chang’s practice is focused on consumer financial services and commercial litigation. Edward represents and counsels residential mortgage loan, servicers and lenders in all phases of litigation, from initial investigation through trial and appeal, in numerous state and federal courts throughout the country.  He routinely handles a variety of claims relating to residential mortgage loan interests, contested foreclosure and servicing issues, including:securitization and standing; claims of wrongful foreclosure; violations of TILA,RESPA, FCRA, FDCPA, ECOA and related federal and state consumer protection laws; improper mortgage loan assignment and holder in due course issues wrongful eviction, loan modifications, lien priority, title claims, fraud, tax sales, and related servicing issues.  Edward also has extensive experience in defending and prosecuting complex commercial cases, including contractual disputes, consumer class action claims, and shareholder breach of fiduciary duty claims.

    Daniel J.T. McKenna, Partner, Ballard Spahr LLP

    Daniel JT McKenna devotes his practice to mortgage banking litigation, consumer-financial services litigation and privacy and data security.  Dan's consumer financial services practice focuses on individual and class litigation and arbitration in mortgage, credit card, debt-collection, auto loan, and servicing matters. His clients include banks and nonbank lenders, mortgage lenders and servicers, credit card servicers, lease to own companies, third-party service providers, auto lenders, retailers and repossession companies.  Dan regularly represents clients in a variety of individual and class action matters, including claims brought under the Telephone Consumer Protection Act (TCPA), Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Electronic Funds Transfer Act (EFTA),, Equal Credit Opportunity Act (ECOA), Alternative Mortgage Transaction Parity Act (AMTPA), Uniform Commercial Code (UCC), and state Unfair, Deceptive, or Abusive Acts or Practices (UDAAP) statutes. Dan has trial experience in both federal and state courts and significant experience with JAMS and AAA.  Dan's privacy practice focuses on new product and process design, privacy impact assessments and audits, privacy management and policy, incident planning, incident response and notification, third-party and vendor management, privacy counseling, regulatory comments, and litigation. His clients include banks, loan service providers, health care providers, manufacturers, colleges and universities, and member organizations.  As the former Practice Leader of the firm's Privacy and Data Security Group and leader of the Data Security Emergency Response Team, Dan has successfully assisted various entities in navigating the incident response process, including identifying an internal response team, classifying risk and exposure, evaluating and coordinating notice, managing forensic audits, negotiating vendor responsibility, and resolving litigation. He also has assisted clients with various regulatory filings and comments related to changes in privacy laws.