© 2019 Thurman Legal - Licensed CA and OR Attorney

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The information on this website is not legal advice, and does not take the place of consulting with a lawyer.  Any testimonial or endorsement on this page does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

SPEECHES AND

PUBLICATIONS

Michael Thurman has spoken and written extensively on consumer protection defense issues.  He has published numerous articles and delivered scores of presentations and webinars designed to help businesses prepare for regulatory scrutiny beforehand using the “litigation readiness” compliance system.

Speeches

 

Speaker, Association for Student Loan Relief: Top Five Compliance "Must Dos" When You Get Home Tomorrow (August 2016)

Speaker, American Fair Credit Counsel Conference: The CFPB Arbitration Stude: Unlimited Class Action Lawsuits Ahead? (September 2015)

Speaker, Association for Student Loan Relief: The CFPB Arbitration Stude: Unlimited Class Action Lawsuits Ahead? (August 2015)

Panelist. Transact 15, Electronic Transactions Association Annual Conference: Counteracting Increased Regulatory and Litigation Risk through Best Practices (March 31, 2015)

 

Speaker, American Fair Credit Counsel Conference: Debt Settlement Industry Federal Regulatory Update (June 2014)

 

Speaker, 2014 Auto Finance Risk & Compliance Summit: Excellence in Third-Party Vendor Management (May 6, 2014)

 

Speaker, NCOR Conference: Building an Effective Compliance Strategy for Small to Mid-Sized ARM Companies (March 25, 2014)

 

Speaker, IAPP KnowledgeNet Meeting: Are You Ready for a CFPB Investigation of Your Privacy Compliance? (February 25, 2014)

 

Speaker, Are You Ready for a Government Investigation? Avoid Getting Blindsided: Start by Getting a Handle on Your Information (January 28, 2014)

 

Speaker, Insights Into the Newest Regulator: The Consumer Financial Protection Bureau (November 19, 2013)

 

Speaker, Re3 – Recovery Repossession Remarketing Conference (November 11-15, 2013)

Speaker, Pre-RE3 Conference Compliance Q&A Symposium (November 6, 2013)

 

Speaker, Road Map to CFPB Compliance for the Auto Finance Industry (September 10, 2013)

 

Speaker, insideARM Ask the Attorney Webinar (June 20, 2013)

 

Speaker, Auto Lending Compliance: Staying Off The Regulators’ Radar Screen (June 5, 2013)

 

Speaker, Everything a Marketer Needs to Know About the CFPB – But May Not Know to Ask (March 5, 2013)

 

Speaker, The CFPB Company Portal — It’s Your Company’s Radar (December 5, 2012) 

 

Moderator, The Power of eMarketing Conference (October 23-24, 2012)

 

Speaker, American Fair Credit Council Fall Conference (October 14-16, 2012)

 

Speaker, August 2012 Consumer Protection Update, ABA Section of Antitrust Law Consumer Protection Committee (September 21, 2012)

 

Speaker, "Consumer Financial Protection Bureau: The New Cop on the Regulatory Beat", State and Federal Transparency Initiative (SAFTI) (September 13, 2012)

 

Speaker, Achieving Compliance-Readiness: Be Prepared Before Trouble Knocks at Your Door! (June 14, 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)

 

Speaker, Consumer Financial Protection Agency Update, Pillars of Excellence Summit (January 20, 2012)

 

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)

 

Speaker, Evolution 2011 Debt Relief Conference (August 21-23, 2011)

 

Speaker, Advanced Media and Technology Webinar Series - The Latest Legal Developments in Privacy, Data Collection and Security (June 16, 2011)

 

Speaker, NoteWorld Conference Call: "Where is Debt Settlement Going? Update on the Telemarketing Sales Rule" (January 21, 2011)

 

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)

 

Presenter, Debt Settlement Marketing Compliance: What Not To Say, USOBA Sales Conference Call (July 13, 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) 

 

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) 

 

Speaker, USOBA 2009 Summer Conference, Chicago, Illinois (June 7-9, 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)

 

PUBLICATIONS

 

Law Review Article

 

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) 

 

Other Publications

Author, "Pennsylvania Court Puts the Kibosh on TCPA 'Professional Plaintiff'", LinkedIn Pulse (August 24, 2016)

Author, "Getting Out of the Headlights", LinkedIn Pulse (September 12, 2014)

 

Author, "How Can The FTC Freeze Personal And Business Assets Without A Hearing?", The Green Sheet (July 29, 2014)

 

Author, "The TRO/Asset Freeze: The FTC's Nuclear Option!", The Green Sheet (June 23, 2014)

 

Author, Auto Lending Discrimination Case Highlights Lender Risks, Law360 (March 6, 2014)

 

Author, "The CFPB's Unfair and Misleading Report on Arbitration, Law360 (January 24, 2014)

 

Author, Payment Processors in the Regulatory Crosshairs, Law360 (January 9, 2014)

 

Co-author, Justice Department and CFPB Announce $98 Million Settlement of Auto Lending Discrimination Allegations (January 2014)

 

Co-author, Back to the Future: The CFPB’s Arbitration Report Could Signal a Return to the Days Before Concepcion (January 2014) FTC Cracks Down on Payment Processors (December 2013)

 

Co-Author, “Unfair and Deceptive Practices: A Comparison of the FTC Act & California's UCL,” Competition," official publication of the Antitrust and Unfair Competition Law Section of the California State Bar (Fall 2013).
 

Author, 6 Steps for Responding to a Civil Investigative Demand (August 16, 2013)

 

Author, Hold the Phone: Dramatic Increase in California "Illegal Recording" Class Actions (August 2013)

 

Author, CFPB Will Apply FDCPA Rules to Businesses That Collect Their Own Debts (July 2013)

 

Author, California Enacts Fair Debt Buying Practices Act, Imposing New Documentation Requirements in Actions to Collect on Debts (July 2013)

 

Author, California Court Denies Defendant's Challenge to CFPB Enforcement Authority (July 2013)

 

Author, Confirmation of Director Cordray Could Substantially Increase CFPB Enforcement Activity, insideARM.com (July 2013)

 

Author, CFPB Discloses Use of "Proxy Data" in Identifying Discriminatory Auto Lending Practices (July 2013)

 

Author, Supreme Court Enforces Arbitration Provision Barring Merchants From Bringing Class Action Antitrust Claims Against American Express, California Retailers Association Golden State Report (July 2013)

 

Author, Supreme Court Will Resolve Questions About Obama Recess Appointments and CFPB Authority (July 2013)

 

Author, CFPB Issues Rule for Supervising Nonbanks That Allegedly Pose Risks to Consumers (July 2013)

 

Author, CFPB Issues Guidance to Businesses for Possibly Avoiding or Reducing Enforcement Liability (July 2013)

 

Author, What Have We Learned About Avoiding Song-Beverly Act Class Actions, California Retailers Association Golden State Report (June 28, 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)

 

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)

 

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)

 

Author, FTC Cracks Down on Illegal Telemarketing in Debt Relief Scheme and Issues Agenda for Robocall Summit (October 2012)

 

Co-author, The CFPB Company Portal — It’s Your Company’s Radar, Law360 (September 17, 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)

 

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)

 

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)

 

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)

 

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)

 

Author, President Nominates Former Ohio Attorney General to Serve as Director of Consumer Financial Protection Bureau (July 19, 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)

 

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)

 

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)

 

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)

 

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)

 

Co-author, Your Best Defense When The Regulators Come Calling, United States Organization For Bankruptcy Alternatives "The Bottom Line" Newsletter (July 2009)

 

Co-author, Debt Settlement Law Progresses in California Legislature (June 2009) 

 

Blogs

 

Commissioner Edith Ramirez Elevated to Chair of Federal Trade Commission

 

Data Breaches Lead to Consumer Class and Enforcement ActionsNo Vicarious Liability for Advertiser Under TCPA

 

Media Mentions

 

2 Trends Reinforced in Fifth Third Action with CFPB By Nick Zulovich, SubPrime Auto Finance News,

October 2, 2015

 

Despite Comment Time, Little Can Slow CFPB's Rule Proposal By Nick Zulovich, SubPrime Auto Finance News, November/December 2014

 

Operation Choke Point Draws Fire From Congress, Industry By The Green Sheet - August 11, 2014, Issue 14:08:01

 

FTC Settlement Could Make Lenders Liable for Dealer Ads By Benjamin M. Geier, AutoFinanceNews.net

 

Assessing Ally Penalty Impact By Nick Zulovich, SubPrime Auto Finance News

 

Compliance Challenges Mar Used-Car Financing Outlook By Cody Lyon, AutoFinancenews.net

 

Battle Heats Up Among Dealers, Lenders, CFPB By Jim Henry, Automotive News

 

Lenders Face Risk in Ignoring CFPB By Jim Henry, Automotive News

 

FTC Loses Bid to Restrain Credit Card Processing Cos. By Kelly Knaub, Law360

 

Senate Confirms Richard Cordray as Consumer Bureau Chief By Jim Puzzanghera, Los Angeles Times

 

Cordray Confirmation Unleashes U.S. Consumer Bureau’s Authority By Carter Dougherty and Cheyenne Hopkins, Bloomberg

 

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