2021 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and stay ahead of the curve.

In this report, we share developments on auto finance, background screening, bankruptcy, consumer class actions, consumer credit reporting, cybersecurity and privacy, debt collection, fair lending, key trends and legislation in health care, mortgage, payment processing and cards, predatory lending, student lending, the Telephone Consumer Protection Act (TCPA), tribal lending, and the Uniform Commercial Code (UCC) and banking.

By remaining up to date on the latest industry trends and regulatory developments, clients seek out and rely on Troutman Pepper as a trusted resource to help tackle today’s issues, while preparing for what lies ahead. We hope this report brings you value.

To access the report and view a message from Consumer Financial Services Practice Group Leader, Michael Lacy, and learn about our complementary webinar offerings, please click here.

To access the report directly, please click here.

Photo of H. Scott Kelly H. Scott Kelly

Scott is a consumer data and privacy specialist. He regularly defends against data breach lawsuits and class action claims asserted under federal and state consumer-protection statutes (FCRA, FDCPA, TCPA, UCC, UDAAP, RICO). Scott represents companies on an array of data privacy issues, including

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Scott is a consumer data and privacy specialist. He regularly defends against data breach lawsuits and class action claims asserted under federal and state consumer-protection statutes (FCRA, FDCPA, TCPA, UCC, UDAAP, RICO). Scott represents companies on an array of data privacy issues, including background screening, consumer reporting, data breaches, ransomware attacks, and related regulatory investigations by the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), and state attorneys general.

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Photo of Chris Capurso Chris Capurso

Chris focuses his practice on consumer financial services compliance, guiding clients through the many federal and state laws and regulations that impact consumer credit programs.

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Photo of Mary C. Zinsner Mary C. Zinsner

Mary focuses her practice on litigation and strategy in lender liability, check and bank operation, class action, consumer finance, fiduciary matters, and creditor’s rights disputes. While Mary litigates extensively in the federal and state trial and appellate courts in Virginia, Maryland, and the…

Mary focuses her practice on litigation and strategy in lender liability, check and bank operation, class action, consumer finance, fiduciary matters, and creditor’s rights disputes. While Mary litigates extensively in the federal and state trial and appellate courts in Virginia, Maryland, and the District of Columbia, and the U.S. Court of Appeals for the Fourth Circuit, she represents banking clients in cases of all sizes nationwide.

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Photo of Joseph DeFazio Joseph DeFazio

Joseph DeFazio has extensive experience as a trial and appellate litigator in federal and state courts. He represents and advises a wide array of financial services companies in matters related to consumer protection laws and regulations.

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Photo of Graham Dean Graham Dean
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Photo of Massie P. Cooper Massie P. Cooper

Massie helps businesses resolve complex, high-stakes disputes. Applying significant courtroom experience and knowledge of her clients’ industry sectors, she creates strategies that help her clients achieve their goals.

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Photo of Tina Safi Felahi Tina Safi Felahi

Tina represents health care clients, including health plans and health care insurers, in complex business litigation matters. She is particularly experienced in handling managed care disputes from inception through trial.

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Photo of Alice Hodsden Alice Hodsden
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Photo of Jenna Nguyen Jenna Nguyen
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Photo of Susan Flint Susan Flint
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Photo of Andrew Buxbaum Andrew Buxbaum
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Photo of Ethan G. Ostroff Ethan G. Ostroff

Ethan’s practice focuses on financial services litigation and compliance counseling, as well as digital assets and blockchain technology. With a long track record of successful litigation results across the U.S., both bank and non-bank clients rely on him for comprehensive advice throughout their

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Ethan’s practice focuses on financial services litigation and compliance counseling, as well as digital assets and blockchain technology. With a long track record of successful litigation results across the U.S., both bank and non-bank clients rely on him for comprehensive advice throughout their business cycle.

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Photo of Jed Komisin Jed Komisin

Jed defends clients engaged in civil litigation. He has significant courtroom experience and works with his clients to find comprehensive solutions to their legal issues.

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Photo of Courtney Hitchcock Courtney Hitchcock

Courtney has a background in both federal and international law. She represents clients in consumer law, business disputes, and commercial litigation.

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Photo of Brooke Conkle Brooke Conkle

Brooke Conkle offers consumer-facing companies compliance counseling and litigation services to help them address federal and state consumer protection laws. Recognizing the challenges facing financial services companies, she provides in-depth analysis of complex issues related to consumer protection and compliance.

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Photo of Ronald I. Raether, Jr. Ronald I. Raether, Jr.

Ron leads the firm’s Privacy + Cyber team. Drawing from nearly 30 years of experience, he provides comprehensive services to companies in all aspects of privacy, security, data use, and risk mitigation. Clients rely on his in-depth understanding of technology and its application

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Ron leads the firm’s Privacy + Cyber team. Drawing from nearly 30 years of experience, he provides comprehensive services to companies in all aspects of privacy, security, data use, and risk mitigation. Clients rely on his in-depth understanding of technology and its application to their business to solve their most important challenges — from implementation and strategy to litigation and incident response. Ron and his team have redefined the boundaries of typical law firm privacy and cyber services in offering a 360 degree approach to tackling information governance issues. Their holistic services include drafting and implementing bespoke privacy programs, program implementation, licensing, financing and M&A transactions, incident response, privacy and cyber litigation, regulatory investigations, and enforcement experience.

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Photo of Elizabeth Briones Elizabeth Briones

Elizabeth is an associate in the Consumer Financial Services practice who represents businesses large and small – from corporations to local partnerships. She is an experienced litigator with a background in complex matters ranging from corporate contract disputes, premises liability, negligence, fraud, and…

Elizabeth is an associate in the Consumer Financial Services practice who represents businesses large and small – from corporations to local partnerships. She is an experienced litigator with a background in complex matters ranging from corporate contract disputes, premises liability, negligence, fraud, and other business torts. She has appeared in state, federal, and multidistrict litigation.

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Photo of Oliver Hamilton Oliver Hamilton
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Photo of Carter Nichols Carter Nichols

Carter is an associate in the firm’s Consumer Financial Services practice. His practice focuses on consumer protection statutes and complex litigation, including claims arising under Fair Credit Reporting Act (FCRA), Fair Debt Collection Protection Act (FDCPA), and Telephone Consumer Protection Act (TCPA).

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Photo of Stephen Lozier Stephen Lozier

Steve Lozier counsels banks, consumer reporting agencies and other financial services institutions on various litigation matters involving both state and federal law. Using knowledge gained through experience, Steve helps clients navigate litigation proceedings to reach an efficient and equitable outcome.

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Photo of Matthew White Matthew White
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Photo of Cindy D. Hanson Cindy D. Hanson

Consumer finance clients trust Cindy’s experience and skill to resolve their most challenging cases. Focused on class action defense, Cindy has handled numerous FCRA cases and is the point of contact for consumer protection defense.

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Photo of Timothy Butler Timothy Butler
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Photo of David M. Gettings David M. Gettings

Dave is a partner of the firm who focuses on defending clients in consumer class actions and complex commercial litigation nationwide, particularly cases involving a variety of federal and state laws and regulations, including the Fair Credit Reporting Act (FCRA), the Telephone Consumer

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Dave is a partner of the firm who focuses on defending clients in consumer class actions and complex commercial litigation nationwide, particularly cases involving a variety of federal and state laws and regulations, including the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA) and associated FCC regulations, the Fair Debt Collection Practices Act, the Truth in Lending Act, the Electronic Fund Transfer Act, and many similar state consumer protection statutes.

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Photo of David N. Anthony David N. Anthony

David Anthony handles litigation against consumer financial services businesses and other highly regulated companies across the United States. He is a strategic thinker who balances his extensive litigation experience with practical business advice to solve companies’ hardest problems.

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Photo of Virginia Bell Flynn Virginia Bell Flynn

Virginia is a first chair litigator with a diverse practice, representing clients in the health care and financial services sectors. Her managed health care work is focused on defending insurers, managed care organizations, and plan administrators in complex multiparty and single-plaintiff litigation. Virginia…

Virginia is a first chair litigator with a diverse practice, representing clients in the health care and financial services sectors. Her managed health care work is focused on defending insurers, managed care organizations, and plan administrators in complex multiparty and single-plaintiff litigation. Virginia helps clients navigate a range of claims, including bad faith, breach of contract, ERISA, the Mental Health Parity Act (MHPA), out-of-network, and issues arising under common law. As a go-to advisor for some of the largest companies in the U.S., Virginia has litigated matters in more than 21 states.

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Photo of Edgar Vargas Edgar Vargas

Edgar is a Certified Information Privacy Professional (CIPP/US). He assists clients on compliance and litigation issues, including issues regarding privacy and cybersecurity laws. He is fluent in Spanish, allowing him to effectively communicate with and serve Spanish speaking clients.

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Photo of Chad R. Fuller Chad R. Fuller

Chad is a partner in the firm’s Consumer Financial Services practice with a primary focus in financial services litigation. He is an accomplished trial attorney who has served as lead counsel in state and federal courts across the country in which he represents…

Chad is a partner in the firm’s Consumer Financial Services practice with a primary focus in financial services litigation. He is an accomplished trial attorney who has served as lead counsel in state and federal courts across the country in which he represents clients in consumer class actions and general business litigation. Chad has particular speciality with the Telephone Consumer Protection Act, and has also broadened his practice into more traditional areas of health care litigation.

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Photo of Sadia Mirza Sadia Mirza

Sadia leads the firm’s Incidents + Investigations team, advising clients on all aspects of data security and privacy issues. She is the first point of contact when a security incident or data breach is suspected, and plays a central role in her clients’

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Sadia leads the firm’s Incidents + Investigations team, advising clients on all aspects of data security and privacy issues. She is the first point of contact when a security incident or data breach is suspected, and plays a central role in her clients’ cybersecurity strategies.

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Photo of Carlin McCrory Carlin McCrory

A seasoned regulatory and compliance attorney, Carlin brings extensive experience representing financial institutions, fintechs, lenders, payment processors, neobanks, virtual currency companies, and mortgage servicers.

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Photo of Jessica Lohr Jessica Lohr
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Photo of Jonathan Kenney Jonathan Kenney

Jonathan Kenney manages class action and individual litigation with a primary focus on consumer law, business disputes and commercial disputes. He has particular experience in Kentucky and West Virginia, where he has successfully tried cases before both state and federal courts.

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Photo of Jim Trefil Jim Trefil

James K. Trefil is counsel in Troutman Pepper’s Consumer Financial Services practice, with a primary focus on Financial Services Litigation. His practice includes the representation of clients in federal and state court, both at the trial and appellate level, with a focus on…

James K. Trefil is counsel in Troutman Pepper’s Consumer Financial Services practice, with a primary focus on Financial Services Litigation. His practice includes the representation of clients in federal and state court, both at the trial and appellate level, with a focus on areas of complex litigation, financial services litigation and consumer litigation. James has represented clients within these areas in a wide variety of litigation matters involving class actions, contracts, torts, and federal and state consumer protection laws.

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Photo of Mark J. Windham Mark J. Windham

Mark is counsel in the firm’s Consumer Financial Services Practice Group. Mark’s practice includes representing national, regional and local banks, nonbank lenders, and mortgage servicers in federal and state litigation.

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Photo of Noah DiPasquale Noah DiPasquale

Noah helps clients in the consumer finance industry navigate national class-action litigation by employing rigorous advocacy skills to pursue client goals.

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Photo of Hannah Couch Hannah Couch
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Photo of Jon S. Hubbard Jon S. Hubbard

Jon Hubbard is an attorney with substantial experience in the financial services and insurance industries. Jon represents clients across the country in class actions, consumer litigation, contract and insurance disputes, pre-litigation analysis, and regulatory compliance.

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Photo of Stephen Steinlight Stephen Steinlight

Stephen Steinlight has nearly two decades of experience as a trial and appellate litigator in federal and state courts and arbitrations in an expansive range of complex business, commercial, corporate, real estate, banking, financial services, consumer finance, securities industry/broker-dealer, white-collar/regulatory, ERISA, and labor

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Stephen Steinlight has nearly two decades of experience as a trial and appellate litigator in federal and state courts and arbitrations in an expansive range of complex business, commercial, corporate, real estate, banking, financial services, consumer finance, securities industry/broker-dealer, white-collar/regulatory, ERISA, and labor and employment matters.

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Photo of Justin Golart Justin Golart
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Photo of Keith J. Barnett Keith J. Barnett

Keith’s experience representing clients in the financial services industry as a litigation, compliance, regulatory, investigations (internal and regulatory), and enforcement attorney spans 20 years. Keith represents clients against government regulators (CFPB, FTC, SEC, CFTC), industry regulators (FINRA), and private litigants in federal courts…

Keith’s experience representing clients in the financial services industry as a litigation, compliance, regulatory, investigations (internal and regulatory), and enforcement attorney spans 20 years. Keith represents clients against government regulators (CFPB, FTC, SEC, CFTC), industry regulators (FINRA), and private litigants in federal courts, state courts, and before arbitration and administrative law panels in the financial services industry.

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Photo of Paul Boller Paul Boller

Paul Boller helps clients navigate a variety of federal and state statutory and regulatory requirements in consumer financial services.

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Photo of Jack Altura Jack Altura
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Photo of Mary Kate Kamka Mary Kate Kamka
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Photo of Leah Tedford Leah Tedford
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Photo of Tim J. St. George Tim J. St. George

Tim defends institutions nationwide facing class actions and individual lawsuits. He has particular experience litigating consumer class actions, including industry-leading expertise in cases arising under the Fair Credit Reporting Act and its state law counterparts, as well as litigation arising from data breaches.

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