You’ve Heard from the CFPB and FTC: Now What?

Breaking News: D.C. Circuit Rules the CFPB’s Structure to Be Unconstitutional

This webinar will now include an in-depth discussion of the October 11 ruling by the U.S. Court of Appeals for the District of Columbia Circuit that the structure of the Consumer Financial Protection Bureau (CFPB) is unconstitutional, as well as how that could affect the agency going forward.

On September 7, Holland & Knight hosted a law enforcement summit in its Washington, D.C., office, where senior officials from the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) talked about law enforcement investigations.

They explained what is on the horizon for the financial services industry, with particular attention to the accounts receivable industry, including:

• what a governmental subpoena entails and the investigatory process 
• the role and importance of the “Meet and Confer” as well as the need to resolve any objections during that meeting 
• what the CFPB and FTC expect in terms of transparency from the subject of a subpoena 
• what types of arguments or positions resonate with the government staff 
• how investigations are evaluated and what criteria are used to determine whether to close an investigation or move to settlement negotiations 
• the role of “corrective action” or proactive conduct by the subject of an investigation during the process and whether such efforts to cure problems will affect the result

This webinar will provide a summary of the earlier discussion and address questions that could directly impact you or your clients, including:

• What lessons can be learned from these insights from senior CFPB and FTC officials? 
• What are the most successful strategies in handling a governmental investigation? 
• What risk management strategies can you engage in now?

Presenters

Tony DiResta
Partner, Holland & Knight

Kwamina Williford
Partner, Holland & Knight

Brian Goodrich
Associate, Holland & Knight

Anthony Palermo
Associate, Holland & Knight

CLE Information

Holland & Knight is an approved CLE provider in several jurisdictions, including California, Georgia, Illinois, New York and Texas. All reasonable efforts to seek CLE credits for this program will be made. In certain instances, some programs may not be awarded CLE credits because of either content or jurisdictional restrictions. For New York attorneys, this program's format qualifies for CLE for transitional (newly admitted) and experienced attorneys.