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This program was recorded on December 23, 2020
Consumers’ unencrypted, non-public, personally-identifiable financial information (:NPI”) has no place on the Internet, yet it finds its way there through innocent indiligence by lenders. The intersection of state and federal laws has created a new trap for the lender, new remedies for the truly injured and a potential bonanza for the enterprising fraud. This lecture will survey the applicable federal redaction rules, some examples of state law equivalents, and how they are monetized by “consumers’ rights advocates” and ambitious lawyers.
Frank Drake concentrates his practice in the areas of creditors’ rights, creditors’ bankruptcy, and commercial litigation. Frank has worked with credit unions, banking and financial institutions, consumer and commercial lenders, and student loan agencies to enforce contracts, minimize losses, and fight fraud. As federal regulatory compliance has become increasingly complex, he also assists lenders with difficult compliance issues.
1.5 General Credits
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- Common and uncommon forms of NPI and where they are found.
- Applicable federal Bankruptcy Rules, Civil Procedure Rules and example state-law equivalents
- Clients’ “do-it-yourself” filings that result in redaction failures and how to remediate them
- Useful advice for lenders to avoid needless violations and risks of disclosure
- The “cottage industry” of Motions to Redact and penalties inflicted on violators