Featuring a panel discussion analyzing on the changing legal landscape and offering practical guidance on how to address it.
Four federal appellate courts have issued opinions this year on the definition of an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act, creating a circuit split and making waves in the rising tide of class action litigation being brought under it. In response to the circuit court precedent, the FCC has publicly announced that it will be revisiting its guidance on what qualifies as an ATDS. With the uncertainty in the law and the increase in consumer litigation, compliance with the provisions of the TCPA is becoming increasingly important for financial services companies.
Join the live webinar and Q & A session with Weiner Brodsky Kider PC attorneys Jason McElroy, Tim Ofak, and Manu Sebastian as they provide analysis on the changing legal landscape and practical guidance on how to address it.
- Review of changing precedents to TCPA
- The effect on financial services organizations
- Third party implications and considerations
- Guidance on addressing the compliance challenges rising from the changing regulation
Join us and bring your questions for the Q&A session after the presentation.
About the Presenters:
Jason McElroy – Jason represents companies in the financial services and housing industries in state and federal litigation, class action litigation, government investigations, and internal investigations. Jason has represented clients before the U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), Department of Housing and Urban Development (HUD), and the Consumer Financial Protection Bureau (CFPB), as well as analogous state agencies and state Attorneys General. Jason represents clients in a wide range of federal and state matters, including consumer protection statutes, unfair trade practices, the False Claims Act, the Program Fraud and Civil Remedies Act, business and contract disputes, and financial regulatory statutes such as RESPA and TILA.
In addition to his litigation practice at Weiner Brodsky Kider PC, Jason also provides regulatory counsel to financial companies regulated by the CFPB, including preparing clients for regulatory examinations and representing them in investigations and targeted reviews. Jason regularly speaks at industry functions nationwide regarding regulatory and litigation matters affecting the financial services industry. Jason has served on the Editorial Advisory Board for Banking Law 360 and currently serves as a young lawyer liaison to the American Bar Association’s Consumer Financial Services Committee. Jason has been recognized as a Rising Star for the years 2014 through 2017 by Washington, DC Super Lawyers Magazine, a Thomson Reuters service.
Timothy Ofak – Tim represents companies in the financial services and mortgage industries nationwide in federal and state litigation and government investigations. Tim’s practice includes general business and commercial litigation, including contract disputes, defending consumer class actions, suits under state consumer protection statutes, and claims under various federal statutes, including RESPA, TILA, FCRA, FDCPA, EFTA, PFCRA and the False Claims Act. Tim also advises clients in connection with investigations and enforcement actions brought by federal and state agencies, including the Consumer Financial Protection Bureau (CFPB), Department of Justice (DOJ), and Department of Housing and Urban Development (HUD).
Manu Sebastian – Manu’s practice focuses on federal and state regulatory compliance matters for the financial services industry. Manu advises mortgage companies, financial institutions, and secondary market investors on federal and state law in the areas of mortgage banking, real estate finance, and consumer finance.
Prior to joining the firm, Manu worked for the U.S. Department of Housing and Urban Development in the Office of General Counsel, Office of Program Enforcement and in the Mortgagee Review Board Division of the Federal Housing Administration, where he investigated and litigated Mortgagee Review Board (MRB) actions, debarment actions, and violations of the Program Fraud Civil Remedies Act.
Manu also worked with the Department of Justice Criminal Division in the Securities and Financial Fraud Unit. While at DOJ, Manu identified, investigated, and assisted in the prosecution of global financial fraud schemes. Prior to attending law school, Manu spent seven years as a loan originator in the residential mortgage industry.