Prior Work Experience

Representative Experience

• Defending the principal of a debt settlement company in a Georgia class action alleging violations of the state's Debt Adjustment Act.
  
• Assisted businesses in updating policies, procedures and marketing materials in preparation for supervision by the Consumer Financial Protection Bureau.
  
• Defended a debt settlement company owner in consumer protection class action in Washington state court.
  
• Defended a lighting manufacturing company and its principals in an FTC enforcement action filed in the United States District Court for the Central District of California alleging that the company's LED light technology packaging contains representations that violate Section 5 of the FTC Act. The case is significant in that the manufacturer’s principals successfully moved to dismiss the FTC claims for failure to satisfy the pleading requirements of Federal Rule of Civil Procedure 9(b), which the Court ruled is applicable to Section 5 deception cases filed by the FTC.
  
• Obtained the pre-answer dismissal of a consumer protection class action against the principal of a debt settlement company in the Eastern District of Washington.
  
• Advised several businesses in resolving Telephone Consumer Protection Act (TCPA) claims based on alleged telemarketing violations by vendors.
  
• Resolved a California class action alleging that a national auto parts distributor's collection of zip code information violated the Song-Beverly Credit Card Act.
  
• Assisted a marketer to resolve an FTC civil enforcement action filed in the United States District Court for the Central District of California involving alleged violations of the CAN-SPAM Act and Section 5 of the FTC Act for allegedly transmitting over a 40-day period more than 5.5 million text message advertisements leading consumers to a private website that appeared to be a government web address.
  

Publications/Speeches

• Speaker, Auto Lending Compliance: Staying Off The Regulators’ Radar Screen (June 5, 2013)
• Author, CFPB Investigation Leads to First Criminal Referral to DOJ (May 2013)
• Author, CFPB Issues Rules Governing Use of Civil Penalty Funds (May 2013)
• Author, TILA Prohibition on Mandatory Arbitration Provisions in Mortgage Agreements Takes Effect June 1, 2013 (May 2013)
• Author, Third Circuit Holds Another Recess Appointment Unconstitutional: Implications for the CFPB (May 2013)
• Author, CFPB Settles Allegations of Improper Payments by Mortgage Insurers (April 2013)
• Author, CFPB Announces Plans to Hold Auto Lenders Liable for Discriminatory Loans (April 2013)
• Author, Your Complaints Just Went Public! The CFPB Expands Online Access to Consumer Complaint Data (March 29, 2013)
• Author, CFPB Proposes Rule to Supervise Largest Nonbank Student Loan Servicers (March 2013)
• Co-author, High Court Rules Pre-Certification Damages Stipulation Cannot Defeat Federal Jurisdiction Arising Under the Class Action Fairness Act (March 2013)
• Author, House Financial Services Committee Chair Challenges CFPB Funding (March 2013)
• Author, Better Business Bureau Shuts Down Southern California Chapter (March 2013)
• Author, FTC Releases Annual List of Top Consumer Complaints: Identity Theft, Debt Collection, Banks and Lenders, and Credit Cards Make Top 10 (March 2013)
• Author, CFPB Targets Fair Lending in Auto Loans (March 2013)
• Speaker, Everything a Marketer Needs to Know About the CFPB – But May Not Know to Ask (March 5, 2013)
• Author, Commissioner Edith Ramirez Elevated to Chair of Federal Trade Commission (March 2013)
• Co-author, Follow-On Shareholder Suits After CFPB Settlements, Corporate Counsel (March 4, 2013)
• Author, CFPB Seeks Information on Financial Products and Services Offered to College Students (February 2013)
• Author, California Supreme Court: Online Retailers May Require Personal Info for Electronic Downloads (February 2013)
• Author, D.C. Court Holds President's Recess Appointments "Constitutionally Invalid," Raising Questions About CFPB's Exercise of Authority Over Small Banks and Non-Banks (January 2013)
• Author, FTC's Year-End Report to Congress on Debit Card Transaction Rules Outlines Agency's Enforcement and Education Initiatives (January 2013)
• Co-author, Watch Out for Shareholder Suits Spawned by CFPB Settlements, American Banker (January 17, 2013)
• Author, California Attorney General Announces Privacy Recommendations for Mobile Apps and the Mobile Industry (January 2013)
• Author, New California Social Media Privacy Law Goes into Effect (January 2013)
• Co-author, CFPB Institutes Supervisory Appeals Process - But Do Other CFPB "Appeals" Decisions Inform the Process or Cast a Shadow?, American Bar Association - What's In Store? (Winter 2013)
• Author, Déjà Vu All Over Again: California Federal Court Finally Tells Merchants When They Can Ask Consumers for Personal Information - But Will the California Supreme Court Agree? (December 2012)
• Author, CFPB and Justice Department Agree to Coordinate Fair Lending Enforcement Efforts (December 2012)
• Author, CFPB Brings First Joint Enforcement Action With States Against Payday Loan Debt Relief Company (December 2012)
• Author, California AG Files First Suit for Alleged Mobile App Privacy Policy Violations (December 2012)
• Speaker, The CFPB Company Portal — It’s Your Company’s Radar (December 5, 2012)
• Author, California Case Underscores Importance of Arbitration Choice-of-Law Provisions (November 2012)
• Author, CFPB Announces Rule for Overseeing Largest Players in Debt Collection Market (November 2012)
• Author, FTC Focuses on Data Collection and Consumer Privacy: Settles Charges with Data Analytics Company and Announces Workshop on Consumer Data Collection (October 2012)
• Moderator, The Power of eMarketing Conference (October 23-24, 2012)
• Speaker, American Fair Credit Council Fall Conference (October 14-16, 2012)
• Author, FTC Cracks Down on Illegal Telemarketing in Debt Relief Scheme and Issues Agenda for Robocall Summit (October 2012)
• Speaker, August 2012 Consumer Protection Update, ABA Section of Antitrust Law Consumer Protection Committee (September 21, 2012)
• Co-author, The CFPB Company Portal — It’s Your Company’s Radar, Law360 (September 17, 2012)
• Speaker, "Consumer Financial Protection Bureau: The New Cop on the Regulatory Beat", State and Federal Transparency Initiative (SAFTI) (September 13, 2012)
• Author, CFPB to Determine Whether CARD Act Preempts State Unclaimed Property Laws (August 2012)
• Author, CFPB Proposes New Rules Governing Servicing of Consumer Mortgage Loans (August 2012)
• Author, CFPB Announces Rules Governing Investigations (August 2012)
• Author, California Establishes Centralized Privacy Unit for Enforcement and Education (August 2012)
• Author, CFPB Files First Public Enforcement Action Against California Loan Modification Operation (July 2012)
• Author, CFPB's First Enforcement Action Yields Valuable Marketing Guidance for Financial Services Companies (July 2012)
• Author, Advertiser Not Liable under TCPA Unless It Controls Manner and Means of Text Message Campaign (July 2012)
• Author, "When Did You Last Think About Your Privacy Policy?" FTC and Class Action Plaintiffs Take Aim in Data Breach Actions (June 2012)
• Speaker, Achieving Compliance-Readiness: Be Prepared Before Trouble Knocks at Your Door! (June 14, 2012)
• Author, Second Circuit Refuses to Review Decision That Class Action Waiver in Arbitration Agreement is Unenforceable (June 2012)
• Author, CFPB Proposes New Procedural Rules for Nonbank Supervision (June 2012)
• Author, CFPB Initiates Rulemaking, Seeks Information on Reloadable Prepaid Cards (May 2012)
• Author, CFPB Seeks Input on Study of Mandatory Arbitration Clauses (May 2012)
• Speaker, “’Thank You for Your Complaint!’ How to Use Consumer Feedback to Prepare for or Avoid Regulatory Intervention,” American Fair Credit Council Spring Conference (April 22-24, 2012)
• Author, CFPB Issues Proposed Rule Defining Larger Participants in Debt Collection, Credit Reporting Markets (March 2012)
• Author, CFPB and FTC to Coordinate on Oversight of Financial Products and Services (February 2012)
• Author, Recent Lawsuits "Shine the Light" on California Consumer Protection Law (January 2012)
• Speaker, Consumer Financial Protection Agency Update, Pillars of Excellence Summit (January 20, 2012)
• Author, It Starts! CFPB Announces Implementation of its Nonbank Supervision Program (January 2012)
• Author, Forecasting the Path of the Consumer Financial Protection Bureau (December 2011)
• Author, How Does the Senate Vote Affect the CFPB? (December 2011)
• Speaker, 15th Annual ABA National Institute on Class Actions, New Kid on the Block – The Consumer Financial Protection Bureau: What Is It, How Will It Work, and How Will It Affect Us?, New York, New York (October 14, 2011)
• Author, New Dodd-Frank Act Rules Cap Debit Card Fees, Increase Consumer Choices (October 2011)
• Author, California Amends Its Security Breach Law and German Privacy Agency Limits Social Media Marketing by Businesses (September 2011)
• Speaker, Evolution 2011 Debt Relief Conference (August 21-23, 2011)
• Author, President Nominates Former Ohio Attorney General to Serve as Director of Consumer Financial Protection Bureau (July 19, 2011)
• Speaker, Advanced Media and Technology Webinar Series - The Latest Legal Developments in Privacy, Data Collection and Security (June 16, 2011)
• Co-author, Consumer Privacy: In the Matter of Google Inc., e-commercelawreports, Volume 11, Issue 2 (May 2011)
• Author, U.S. Supreme Court Overturns Ban on Class Action Waivers in Arbitration Clauses (April 28, 2011)
• Author, New California Debt Settlement Bill Would Limit Fees To No More Than 15% Of Consumer Savings (March 2011)
• Speaker, NoteWorld Conference Call: "Where is Debt Settlement Going? Update on the Telemarketing Sales Rule" (January 21, 2011)
• Author, New Model Consumer Privacy Notices Provide Safe Harbor (December 2010)
• Author, Eighth Circuit Holds Consumer Payments To Debt Settlement Company Not Avoidable In Bankruptcy Where “Reasonably Equivalent Value” Was Provided (December 2010)
• Speaker, Loopholes or Nooses: Be Careful Where You Stick Your Neck, USOBA Sales Compliance Conference (October 19, 2010)
• Speaker, 2010 Debt Settlement Leadership Conference, Las Vegas, Nevada (October 10-12, 2010)
• Author, Consumer Financial Protection Act Update: No New Consumer Financial Rules to Be Issued Until at Least July 2011 (September 28, 2010)
• Author, In Search of Exceptions to the FTC’s Amended Telemarketing Sales Rule - Don’t Put Your Neck in a Loophole! (August 2010)
• Author, State Law Update: Kentucky Amends Existing Debt Adjuster Law To Cover Debt Settlement Providers (August 2010)
• Author, New Illinois Debt Settlement Law Imposes Substantial Limitations On The Timing And Amount Of Fees That May Be Charged To Consumers (August 2010)
• Author, The New Consumer Financial Protection Bureau: How Will It Affect U.S. Businesses? (August 2010)
• Author, New FTC Rule Bans Debt Relief Providers From Charging Advance Fees (July 29, 2010)
• Co-Author, “Hid[ing] Elephants in Mouseholes”: the FTC’s Unwarranted Attempt to Regulate the Debt-Relief-Services Industry Using Rulemaking Authority Purportedly Granted by the Telemarketing and Consumer Fraud and Abuse Prevention Act, Texas Review of Law & Politics (July 23, 2010)
• Presenter, Debt Settlement Marketing Compliance: What Not To Say, USOBA Sales Conference Call (July 13, 2010)
• Author, 2010 State Law Update: New Debt Settlement Laws Become Effective In Three States on July 1, 2010 (July 2010)
• Author, New Indiana Law Applies “Credit Services Organization” Provisions to Debt Settlement (June 2010)
• Author, California's AB 350 Amended to Eliminate Fee Restrictions (June 15, 2010)
• Speaker, USOBA 2010 Summer Conference, Palm Beach, Florida (June 6-8, 2010)
• Speaker, Compliance 101: What can we learn from California's proposed debt settlement law?, USOBA Sales Compliance Conference (April 13, 2010)
• Author, Updated Summary of Proposed California Debt Settlement Act (AB 350) (April 2010)
• Author, California’s Proposed Debt Settlement Legislation Undergoes Extensive Amendments (April 2010)
• Speaker, USOBA 2009 Winter Conference, Dallas, Texas (November 5, 2009)
• Speaker, September 2009 Consumer Protection Update, ABA Section of Antitrust Law Consumer Protection Committee (October 13, 2009)
• Speaker, MSTARS, LLC Webinar: FTC Telemarketing Sales Rule Proposed Amendments Training (September 3, 2009)
• Co-author, Your Best Defense When The Regulators Come Calling, United States Organization For Bankruptcy Alternatives "The Bottom Line" Newsletter (July 2009)
• Speaker, USOBA 2009 Summer Conference, Chicago, Illinois (June 7-9, 2009)
• Co-author, Debt Settlement Law Progresses in California Legislature (June 2009)
• Speaker, Defending NASD Enforcement Actions (February 2006)
• Speaker, Arbitration Tips and Secrets of Outside Counsel (May 2005)
• Speaker, Issuing Subpoena Duces Tecums in Securities Arbitration Actions (December 2004)
• Speaker, The Road Ahead – A Practical Approach: Achieving Compliance With Sarbanes-Oxley, Reducing the Risk of Liability (May 2003)

Media Mentions

• Law Firms Find Niche Battling Consumer Bureau By Blake Ellis, Hartford Business Journal
• CFPB Springs Into Action By Jaclyn Jaeger, Compliance Week
• California Law Firm Targeted in CFPB's First Loan Modification Suit By Maria Chutchian, Law360
• 4 Tips for Avoiding the Eye of the CFPB By Allison Grande, Law360
• Light Bulb Co. Wants FTC Sanctioned In False Ad Suit By Bibeka Shrestha, Law360
• Advance-fee Ban a Nightmare for Tax Debt Relief Industry, According to Independent Web Site easy IRS.com SFGate.com

Affiliations

• Former NASD-licensed Registered Representative and General Securities Supervisor

Distinctions

• Highest "AV Preeminent (5 out of 5)" Professional Rating, Martindale-Hubbell Law Directory
• Member, American Bar Association Section of Antitrust Law, Consumer Protection Committee
• Director, American Corporate Counsel Association, Los Angeles Chapter (1998-2000)
• Director, Region Coach and Assistant Commissioner, American Youth Soccer Organization, Region 214 (2000-2005)
• Director and Auxiliary Director, South Pasadena Education Foundation (1997-2006)