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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.

According to a recent study by the U.S. Government Accountability Office, the financial data gathered by the Consumer Financial Protection Bureau on 25 million to 75 million U.S. credit cardholders is not safe enough.  As part of its government mandate, the GAO examined laws, regulations, and contracts pertaining to the CFPB’s data collection methodologies, risk

On September 9, the Consumer Financial Protection Bureau and the Federal Reserve Board announced increases in the dollar thresholds in Regulation Z (Truth in Lending (TILA)) and Regulation M (Consumer Leasing Act (CLA)) for exempt consumer credit and lease transactions.  According to the Federal regulators, these increases are consistent with the Dodd-Frank Act and reflect

On September 3, the Consumer Financial Protection Bureau issued a new bulletin warning credit card issuers against certain interest-rate promotions that, it claimed, posed a risk of deceptive or abusive conduct.  The transactions at issue involve solicitations that “offer a promotional annual percentage rate on a particular transaction over a defined period of time” and

On August 28, the Consumer Financial Protection Bureau announced several new senior leaders within the organization, including:

  • Patricia McClung, assistant director for mortgage markets.  Prior to the CPFB, McClung worked at the Federal Housing Administration as a senior housing policy advisor.
  • Janneke Ratcliffe, assistant director for financial education.  Since 2005, Ratcliffe has served

On August 27, the Securities and Exchange Commission adopted new rules for credit rating agencies to enhance governance, protect against conflicts of interest, and increase transparency to improve the quality of credit ratings and increase credit rating agency accountability. Industry observers hope that the new rules will address problems that have contributed to the failure

On January 2, 2014, the Eleventh Circuit Court of Appeals found that the Fair Debt Collection Practices Act prohibits collection agencies from charging consumers a percentage fee of the balance of their debt unless the consumer has explicitly agreed to such a fee arrangement.  In Bradley v. Franklin Collection Services, Inc., a unanimous

On August 7, FICO – the creator of one of the most widely used and influential credit scores – announced that it had recalibrated its credit scoring model to include a more nuanced way to assess consumer collection information, bypass paid collection agency accounts, and offer options to differentiate medical from non-medical collection agency accounts.  

On August 8, the Consumer Financial Protection Bureau admitted to the falsity of its August 6 allegations that two Midwestern credit unions marketed products and services to university students without adequately disclosing the deals’ terms.  As it turned out, the credit unions had no agreements with the universities and were mistakenly targeted by the CFPB’s

Foot Locker Retail Inc. and Macy’s Corporate Services, Inc. were hit with separate class action lawsuits in California federal court alleging that the companies illegally collected consumers’ personal information at in-store checkouts.  The plaintiffs claim that both businesses required customers to provide personal information such as telephone numbers, identification cards, and ZIP codes before processing

The Consumer Financial Protection Bureau will begin looking into complaints about prepaid cards – including gift cards, benefit cards, and general purpose reloadable cards – the Bureau announced Monday.  Consumers can also now submit complaints about additional nonbank products, including debt settlement services, credit repair services, and pawn and title loans.

The CFPB already