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

Level: Advanced
Runtime: 65 minutes
Recorded Date: October 11, 2021
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• FCRA (Fair Credit Reporting Act) Background
• Credit Disputes vs. Complaints
        - Direct Disputes
        - Indirect Disputes
• Reasonable Investigations of Disputes
• Common Furnisher Issues with Disputes
• Recent CFPB Activity
• CFPB Complaint Trends
• TransUnion vs. Ramirez 
        - Background
        - Supreme Court Decision
        - Impact
• Evaluating Borrower Harm
• Best Practices to Reduce Consumer Harm

Runtime: 1 hour
Recorded: October 7, 2021

For NY - Difficulty: Experienced Attorneys Only (Non-Transitional)


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

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

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

This program was recorded on October 11th, 2021.

Provided By

American Bar Association
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Badri Sridhar

Senior Director
FTI Consulting, Inc.

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

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

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David King

Senior Managing Director
FTI Consluting, Inc.

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

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

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

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

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

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

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Rachel Rodman

Cadwalader, Wickersham & Taft LLP

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

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

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

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

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