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Tuesday, September 24, 2019

  • TCPA Developments and Compliance Challengers

    Location: Independence Ballroom E,
    Independence Level


    Speaker(s)

    Lauren E. Campisi, Member, McGlinchey Stafford

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

    Gary Weingarden, Senior Counsel, Quicken Loans, Inc.

    Jason W. McElroy, Partner, Weiner Brodsky Kider PC

    Breakout Session

    The Telephone Consumer Protection Act (TCPA) remains a significant source of liability. Efforts by courts to interpret the TCPA after the D.C. Circuit’s decision to strike certain elements of the FCC’s TCPA rules have resulted in a growing patchwork of TCPA interpretations. Panelists discuss these important judicial developments as well as ongoing regulatory initiatives aimed at addressing the problem of “robocalls.” Learn how to maintain compliance in the evolving TCPA regime.

    Speaker(s)

    Lauren E. Campisi, Member, McGlinchey Stafford

    Lauren is a Member in the firm's New Orleans office and focuses her practice on consumer finance regulatory and compliance matters and litigation.  Lauren provides strategic, business-focused advice to clients who offer a variety of financial services, including national and state-chartered banks, national mortgage lenders and servicers, automotive and personal property finance companies, installment lenders, and online lenders. Lauren has particular experience assisting clients with issues concerning the federal Real Estate Settlement Procedures Act (RESPA), Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA), Truth in Lending Act (TILA), Article 9 of the Uniform Commercial Code (UCC) and prohibitions against unfair, deceptive and abusive acts and practices (UDAAP). Lauren frequently advises clients on compliance with state lending and licensing laws and state debt collection laws and regulations. Lauren also represents clients in single party and class action litigation and federal and state enforcement actions and supervisory examinations.

    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.

    Gary Weingarden, Senior Counsel, Quicken Loans, Inc.

    Gary Weingarden is Senior Counsel on the Quicken Loans Government Affairs team. Before joining the Government Affairs team, Gary worked on contracts and third party risk, marketing, and privacy and cybersecurity compliance. He has certifications in compliance, ethics, privacy, and information security.

    Jason W. McElroy, Partner, Weiner Brodsky Kider PC

    Jason is a litigator representing companies located nationwide.  Jason has conducted jury trials, bench trials, and arbitration proceedings throughout the country, and regularly represents clients in class actions and complex litigation in federal and state courts.  Jason represents clients in a wide range of matters, including consumer protection statutes, unfair trade practices, the False Claims Act, the Program Fraud and Civil Remedies Act, trade secrets disputes, business and contract disputes, and financial and consumer regulatory statutes such as RESPA, TILA, and TCPA.  In addition to his litigation practice, Jason also represents companies in government investigations before federal and state regulatory agencies, including assisting with preparation for regulatory examinations, representation in investigations, targeted reviews, and enforcement actions.  Jason has represented clients before the U.S. Department of Justice, Federal Trade Commission (FTC), U.S. Department of Housing and Urban Development (HUD), the Consumer Financial Protection Bureau (CFPB), the U.S. Department of Labor, and multiple analogous state agencies and state Attorneys General.  Jason has been recognized as a Rising Star since 2014 by Washington, DC Super Lawyers Magazine, serves in leadership within the American Bar Association’s Consumer Financial Services Committee, and has twice served on the editorial advisory board of Banking Law360.

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