2020 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 compliance curve.

In this report, we share developments in 2020 on consumer class actions, background screening, bankruptcy, consumer credit reporting, debt collection, payment processing and cards, mortgage, auto finance, the Telephone Consumer Protection Act (TCPA), cybersecurity and privacy, student lending, tribal lending, litigation and regulatory activity: online and nontraditional banking, and the Uniform Commercial Code (UCC) and banking.

By remaining up-to-date on the latest industry trends and regulatory developments, Troutman Pepper is a trusted resource, relied on by our clients to help tackle issues today while preparing for what lies ahead. We hope you find this helpful as you navigate the evolving consumer financial services landscape.

Access full report here.

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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.

Patrick Kane

Patrick Kane is a litigator who concentrates on defending financial institutions against consumer protection claims. Patrick’s practice focuses on representing clients in mortgage origination and servicing related litigation in state, federal and appellate courts across the country.

Photo of Jonathan Floyd Jonathan Floyd

Jonathan is an associate in the Consumer Financial Services Practice Group, with a primary focus on financial services litigation. He represents clients in class actions and business disputes in both federal and state courts.

Photo of Alan D. Wingfield Alan D. Wingfield

Alan Wingfield helps consumer-facing clients navigate compliance, litigation and regulatory risks posed by the complex web of state and federal consumer protection laws. He is a trusted advisor and tireless advocate, helping clients develop practical compliance and dispute-resolution strategies.

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.

Photo of David Asbury David Asbury

David Asbury handles critical debt collection litigation matters with a keen understanding of his clients’ business goals. Particularly experienced in the loan servicing industry, David helps clients pinpoint problems, avoiding costly litigation whenever possible and vigorously defending litigation when necessary.

Photo of Tim Bado Tim Bado

Tim is an associate in the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group, where he represents corporations and individuals facing potential civil and criminal exposure. Tim’s experience in government investigations, enforcement actions, and white-collar litigation spans a number of industries, including…

Tim is an associate in the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group, where he represents corporations and individuals facing potential civil and criminal exposure. Tim’s experience in government investigations, enforcement actions, and white-collar litigation spans a number of industries, including financial services, pharmaceutical, health care, and government contracting, among others.

Photo of Julie D. Hoffmeister Julie D. Hoffmeister

Julie is a partner primarily focusing on financial services litigation. She defends consumer-facing companies of all types in individual claims and class actions, including claims under the Fair Credit Reporting Act (FCRA), the Driver’s Privacy Protection Act (DPPA), and the Telephone Consumer Protection…

Julie is a partner primarily focusing on financial services litigation. She defends consumer-facing companies of all types in individual claims and class actions, including claims under the Fair Credit Reporting Act (FCRA), the Driver’s Privacy Protection Act (DPPA), and the Telephone Consumer Protection Act (TCPA). Julie also applies her litigation knowledge in assisting businesses in developing compliance processes and procedures for the myriad federal consumer protection laws.

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

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.

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.

Photo of Amy Pritchard Williams Amy Pritchard Williams

Amy has deep and wide-ranging experience in representing financial institutions in government enforcement matters, qui tam False Claims Act cases, consumer class actions and bankruptcy proceedings. She is adept in defending and providing pragmatic advice for the successful resolution of complex, multifaceted matters.

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’

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.

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.

Photo of Kathleen Hutchenreuther Kathleen Hutchenreuther

Kathleen is an associate in the Consumer Financial Services Practice Group which includes work in consumer law, business disputes, and commercial litigation in both federal and state court. Specifically, Kathleen focuses on defending against claims arising under the Fair Credit Reporting Act (FCRA),

Kathleen is an associate in the Consumer Financial Services Practice Group which includes work in consumer law, business disputes, and commercial litigation in both federal and state court. Specifically, Kathleen focuses on defending against claims arising under the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Real Estate Settlement Procedures Act (RESPA) and Regulation X, Telephone Consumer Protection Act (TCPA), as well as other federal and state statutes, and common law.

Photo of Ashley L. Taylor, Jr. Ashley L. Taylor, Jr.

Ashley is co-leader of the firm’s nationally ranked State Attorneys General practice, vice chair of the firm, and a partner in its Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group. He helps his clients navigate the complexities involved with multistate attorneys general investigations…

Ashley is co-leader of the firm’s nationally ranked State Attorneys General practice, vice chair of the firm, and a partner in its Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group. He helps his clients navigate the complexities involved with multistate attorneys general investigations and enforcement actions, federal agency actions, and accompanying litigation.

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 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).

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.

Photo of Gillian Williston Gillian Williston

Gillian Williston is an experienced litigator representing clients in consumer law, business disputes and commercial litigation in both federal and state court.

Photo of Jared Bissell Jared Bissell

Jared Bissell is an attorney in the firm’s Consumer Financial Services and Financial Services Litigation practices where he is dedicated to obtaining optimal results for clients in a variety of compliance issues as well as federal and state litigation matters.

Photo of A. Eli Kaplan A. Eli Kaplan

Eli is an attorney in the firm’s Consumer Financial Services Practice Group, where he represents clients in consumer law, business disputes, and commercial litigation.

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 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.

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.

Photo of Mark Kundmueller Mark Kundmueller

Mark Kundmueller has wide-ranging litigation experience, including with respect to insurance coverage, construction defects, trucking and transportation liability, and business disputes, and in the defense of claims brought under the Telephone Consumer Protection Act and the Fair Credit Reporting Act.

Photo of Paul Kim Paul Kim

Paul is an associate attorney in the firm’s Consumer Financial Services and Cybersecurity, Information Governance and Privacy practice groups. Paul’s practice focuses on representing corporations in the financial services industry in both state and federal litigation and class actions lawsuits. Paul also counsels…

Paul is an associate attorney in the firm’s Consumer Financial Services and Cybersecurity, Information Governance and Privacy practice groups. Paul’s practice focuses on representing corporations in the financial services industry in both state and federal litigation and class actions lawsuits. Paul also counsels clients in various compliance and regulatory matters.

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.

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.

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 Ashley Nimitz Ashley Nimitz

Ashley Nimitz advises consumer finance companies and other clients on complex federal and state litigation matters. With a diverse background, she assists clients by defining objectives, developing concentric goals, and seeing matters from inception through to successful fruition.

Photo of Stephen C. Piepgrass Stephen C. Piepgrass

Stephen leads the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group. He focuses his practice on enforcement actions, investigations, and litigation. Stephen primarily represents clients engaging with, or being investigated by, state attorneys general and other state or local governmental enforcement bodies,

Stephen leads the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group. He focuses his practice on enforcement actions, investigations, and litigation. Stephen primarily represents clients engaging with, or being investigated by, state attorneys general and other state or local governmental enforcement bodies, including the CFPB and FTC, as well as clients involved with litigation, with a particular focus on heavily regulated industries. He also has experience advising clients on data and privacy issues, including handling complex investigations into data incidents by state attorneys general other state and federal regulators. Additionally, Stephen provides strategic counsel to Troutman Pepper’s Strategies clients who need assistance with public policy, advocacy, and government relations strategies.

Photo of Punit Marwaha Punit Marwaha

Punit Marwaha is an attorney in the consumer financial services litigation practice, representing clients in business disputes, consumer law and commercial litigation in both federal and state courts.

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.

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

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.

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.

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.

Photo of D. Kyle Deak D. Kyle Deak

Kyle Deak is a trial attorney with experience at both the trial and appellate levels in state and federal courts throughout the United States, helping his clients achieve efficient and practical resolution of disputes.

Photo of Virginia Bell Flynn Virginia Bell Flynn

Virginia is a partner in the firm’s Consumer Financial Services practice and specifically within the Financial Services Litigation practice. She represents clients in federal and state court, both at the trial and appellate level in the areas of complex litigation and business disputes…

Virginia is a partner in the firm’s Consumer Financial Services practice and specifically within the Financial Services Litigation practice. She represents clients in federal and state court, both at the trial and appellate level in the areas of complex litigation and business disputes, health care litigation, including ERISA and out-of-network issues, and consumer litigation in over 21 states nationwide. As a result of new legal developments, she increasingly counsels clients to ensure they comply with the myriad of growing laws in the consumer law with a particular emphasis on the intersection of TCPA and HIPAA.

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.

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.

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.

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.

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

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.

Photo of Michael E. Lacy Michael E. Lacy

Michael heads the firm’s Consumer Financial Services practice, and handles class actions and high-stakes consumer litigation on a nationwide basis. He represents banks, mortgage servicers, debt buyers and collectors, and lenders against claims under consumer protection statutes, including the FCRA, TCPA, RESPA, RICO,

Michael heads the firm’s Consumer Financial Services practice, and handles class actions and high-stakes consumer litigation on a nationwide basis. He represents banks, mortgage servicers, debt buyers and collectors, and lenders against claims under consumer protection statutes, including the FCRA, TCPA, RESPA, RICO, and state UDAP laws. He has significant experience litigating and trying corporate governance disputes, including shareholder derivative claims, corporate dissolution cases, and corporate divorce matters. Michael also represents public utility companies in litigation and regulatory matters, including condemnation and land use cases.

Photo of Kalama Lui-Kwan Kalama Lui-Kwan

Kalama represents parties in complex commercial disputes arising out of M&A deals. He also has a national litigation practice representing consumer-facing companies in class actions and regulatory investigations.

Photo of John C. Lynch John C. Lynch

John is a first-chair litigator with a distinguished defense record in class action matters and other high-stakes litigation. He is sought after for his trial-to-verdict experience in state and federal courts throughout the U.S., effective strategies, and practical advice.

Photo of Jason E. Manning Jason E. Manning

Jason Manning is a commercial trial attorney with a focus on defending consumer-facing companies against class action and individual consumer protection claims. He has particular experience representing clients in mortgage- and auto finance-related litigation in state and federal courts.