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.

Transcript: Third Circuit Hands Down Decision in FCRA Pay Status Cases (PDF)


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.

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.

Photo of Ethan G. Ostroff Ethan G. Ostroff

Ethan Ostroff’s practice focuses on financial services litigation and consumer law compliance counseling. Ethan is part of the firm’s national practice representing consumer-facing companies of all types in defense of individual and class action claims and counseling them on compliance with federal and

Ethan Ostroff’s practice focuses on financial services litigation and consumer law compliance counseling. Ethan is part of the firm’s national practice representing consumer-facing companies of all types in defense of individual and class action claims and counseling them on compliance with federal and state laws.

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.

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

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.