FCRA Overview: Rights, Obligations and Exposure
Updated from the 2016 Fall Conference
(Free to NARCA Members, $25 if CLE Processing Desired)
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Rates of Fair Credit Reporting Act complaints have increased dramatically in recent years, leaving many to wonder about their obligations – and potential liability – under the statute. This session, designed to provide a high-level overview of the FCRA, will address issues such as the purpose and scope of the statute, the use of consumer credit reports, the data furnisher rule, and the process for handling direct and indirect disputes of consumer credit information. The panelists will also discuss liability under the FCRA, and the ways in which it relates to – and often supplements claims under – the FDCPA.
Lauren M. Burnette, Barron & Newburger, P.C.
Lauren M. Burnette is managing attorney of Barron & Newburger, P.C.’s Florida office. Lauren represents attorneys, debt collectors, finance companies, debt buyers and banks in state and federal courts throughout Pennsylvania, Maryland, Washington, D.C. and Florida, and provides compliance management services to clients throughout the country.
Sidney H. Scheinberg, Godwin Bowman & Martinez
Sidney H. Scheinberg chairs the Bankruptcy and Creditors Rights section of Godwin Bowman & Martinez, representing clients in complex and critical cases. Based in the firm’s Dallas office, the primary focus of his practice is on bankruptcy and business litigation matters, with an emphasis on the representation of secured creditors, such as automobile finance companies and national banking associations. His clients have included such luminaries as Bank of America, Wells Fargo, Hyundai, Honda, Toyota Financial Services, Nissan and GM Financial. A former radio broadcaster, he is a frequent speaker at NACTT and NARCA meetings, and has taught a variety of Continuing Legal Education (CLE) courses on Bankruptcy. Reflecting the excellence of his practice, he has been AV-rated “Preeminent” by Martindale-Hubbell, the organization’s highest peer rating for legal skills and ethics, selected among the Top Lawyers in Houston by Houstonia Magazine, and has achieved a 10.0 “Superb” rating from Avvo, the highest attorney rating.
Stephen Turner, Lewis Brisbois Bisgaard & Smith
Stephen Turner, a partner at Lewis Brisbois Bisgaard & Smith, is the Chair of his firm’s national Consumer Litigation Defense and Financial Services Group. He has extensive experience representing financial institutions and professionals including collection agencies, credit grantors, and debt collection law firms in actions involving claims, including actions brought by the Federal Trade Commission, of unlawful collection practices, intentional misconduct, violations of the TCPA, FDCPA, FCRA, the Rosenthal Act and unfair competition statutes. He obtained the largest judgment under the FDCPA against a plaintiff for having brought a case against a debt collector in bad faith and for purposes of harassment. Mr. Turner has represented numerous financial institutions including mortgage brokers, payday lenders and national banks against claims of breach of fiduciary duty, unfair lending practices, breach of contract, unfair business practices, unlawful foreclosure and breach of the covenant of good faith and fair dealing. Mr. Turner is a member of the California Bar Association, the California Association of Collectors, ACA International, and NARCA. He has written articles published by ACA International and in Collector, Inc.
Mitchell L. Williamson, Barron & Newburger, P.C.
Mitchell L. Williamson a graduate of Rutgers University (1981) and New York Law School (1989) joined Barron & Newburger, P.C. in April 2016, opening its New Jersey office. Prior to B&N was in-house defense counsel to Pressler & Pressler, LLP for 13 years. He is admitted in both the State and Federal Districts of New Jersey, and the State and all four Federal District courts of New York. Mr. Williamson has also been admitted pro hac vice in the federal courts of Pennsylvania to handle litigation before those courts. Prior to working in the creditors rights arena, Mr. Williamson specialized in complex civil litigation, primarily handling environmental coverage disputes, toxic torts, NASD Broker-Dealer disputes, labor disputes, professional malpractice claims, and other issues involving SEC regulations. Prior to practicing law, Mr. Williamson was a professional photojournalist working in this country and in Israel.
Continuing Legal Education (CLE)
All reasonable efforts to seek CLE credit for this program will be made via the Florida and Georgia State Bar for maximum reciprocity opportunities. In certain instances, some programs may not be awarded CLE credits because of either content or jurisdictional restrictions. We are currently awaiting CLE approvals and it is our hope to have the accreditations completed within 30 days of the event. Each attendee is provided a CLE Credit Request form upon completion and these should be submitted to Laura Winn at firstname.lastname@example.org. Questions may be submitted to Laura at that address or at 202.861.0706. Due to the CLE approval process, each attendee must register and log in to the webinar individually so that NARCA can properly track and verify attendance.
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