Scott E. Wortman’s practice focuses on consumer financial services law, with a hard-earned reputation as a persuasive, creative, and determined advocate for his financial services clients (from start-ups to Fortune 500 companies) and their specific business or strategic goals. Scott is at the forefront of consumer financial services litigation, and has successfully led the defense of numerous individual and putative class action lawsuits, regulatory proceedings, and arbitrations under federal and state statutes and corresponding implementing regulations, involving:
- Fair Credit Reporting Act (“FCRA”) – Regulation V;
- Fair Debt Collection Practices Act (“FDCPA”) – Regulation F;
- Telephone Consumer Protection Act (“TCPA”);
- Truth in Lending Act (“TILA”) – Regulation Z;
- Electronic Fund Transfer Act (“EFTA”) – Regulation E;
- Racketeer Influenced and Corrupt Organizations Act (“RICO”);
- Electronic Communications Privacy Act (“ECPA”);
- Bank Secrecy Act (“BSA/AML”);
- Equal Credit Opportunity Act (“ECOA”) – Regulation B;
- Credit Repair Organization Act (“CROA”);
- Servicemembers Civil Relief Act (“SCRA”); and
- Related state consumer financial services protection and privacy laws.
Scott also represents financial institutions in responding to government investigations, subpoenas, audits, and civil investigative demands from federal, state, and municipal regulators. In this regard, Scott works extensively with clients to design compliance procedures and corresponding dynamic compliance management systems. This is especially consequential as it relates to the intersection of consumer financial services and emerging technologies governed by potentially outdated statutes. Here, clients benefit from Scott’s technical FinTech knowledge and his experience with overcoming and mitigating legal exposure for adopting novel uses of emerging technologies.
In addition, Scott provides clients with comprehensive legal and strategic support, often filling the role of outside general counsel or aiding general counsel, with third party due diligence, contract drafting and negotiating with vendors, regulatory audit preparedness, legal analysis and interpretations, internal safety and soundness examinations, licensing, employee trainings, and comprehensive compliance guidance for operational or technology modifications.
Scott is a frequent speaker on topics of interest to the consumer financial services industry, and has been quoted extensively by publications, such as Bloomberg Law, Credit Union Journal, Law360, American Banker, S&P Global, Wall Street Journal, New York Law Journal, and Thomson Reuters.