Brent Yarborough primarily focuses his practice on regulatory compliance and the defense of consumer law claims. He has experience representing financial institutions, debt buyers, and law firms. He has defended claims involving the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Telephone Consumer Protection Act, the Truth In Lending Act, and various state law claims asserted against lenders and their assignees. Brent has also provided compliance advice on matters related to the FDCPA, UDAAP, and state debt collection laws.
Brent is a frequent speaker on topics related to consumer financial services regulation and litigation. His recent presentations, podcasts and webinars include:
» Served Again! Let’s Talk Next Steps, ACA International IGNITE 2022, March 2022;
» A First Look at Reg F-Related Lawsuits, AccountsRecovery.net Webinar, December 2021;
» An Update on Hunstein and Hunstein Lawsuits, AccountsRecovery.net Webinar, August 2021;
» TransUnion v. Ramirez: What This Ruling Means For You, For Hunstein, and For the Number of Lawsuits Filed Against Collectors, AccountsRecovery.net Webinar, June 2021;
» Vicarious Liability in Debt Collections: Holding Debt Buyers Liable For the Actions of Collectors, AccountsRecovery.net Webinar, June 2021;
» State Court Trends With FDCPA, AccountsRecovery.net Webinar, May 2021;
» Assessing Your Operation’s Legal Risks, Post-Hunstein, AccountsRecovery.net Webinar, May 2021;
» Compliance Conundrum: 11th Cir. Holds Disclosing Consumer Information to Third Party Letter Vendors Violates FDCPA, Credit and Collection News Virtual Conference, April 2021;
» RMAI Briefing on 11th Circuit Decision and Next Steps, RMAI Webinar, April 2021;
» Why Reg F is Going to Mean More “Substantially Similar” Litigation, AccountsRecovery.net Webinar, April 2021;
» CFPB’s Model Validation Notice, AccountsRecovery.net Webinar, March 2021;
» Recent Rulings on Standing, AccountsRecovery.net Webinar, February 2021;
» CFPB Debt Collection Rule Series: Advisory Opinions, AccountsRecovery.net Webinar, December 2020;
» RMAI’s Take on CFPB Rulemaking; Payment Processing – What You Need to Know About the Services Available and the Potential Compliance Concerns Implicated, RMAI Annual Conference, February 2020;
» Class Action Litigation: Strategies for Defending or Settling Class Claims, RMAI Webinar, January 2020;
» FDCPA 101: What Lawyers Need to Know When Representing Creditors or Consumers, Attorneys Insurance Mutual of the South, December 2019;
» Emerging Consumer Law Issues in Bankruptcy, Birmingham Bar Association, August 2018;
» How the Taylor Decision Affects The ARM Industry, AccountsRecovery.net Webinar, April 2018;
» The Least Sophisticated Podcast, AccountsRecovery.net, Spring 2018;
>» CFPB Rulemaking, UC Berkeley School of Law, October 2017;
» What You Need to Know About the Supreme Court Decision in Henson v. Santander Consumer USA, Inc., National Creditors Bar Association Podcast, June 2017;
» The CFPB’s Consent Decree Against Works & Lentz, National Creditors Bar Association Podcast, February 2017;
» The Road to Regulatory Certainty – Where Are We Today with CFPB Regulations; It’s All About the Fees: Get Yours and Defend Against Theirs, NARCA Fall Conference, October 2016;
» The CFPB’s Outline of Proposals – Debt Collection Rulemaking, Virginia Creditors Bar Association, October 2016;
» Debt Collection Roundtable, ABA Business Law Section Annual Meeting, September 2016;
» Industry Experts Discussion on the CFPB’s Outline of Debt Collection Proposals, NARCA Webinar, August 2016;
» Consumer Financial Protection Bureau Field Hearing on Debt Collection, Sacramento, August 2016;
» The Gillie and Spokeo U.S. Supreme Court Cases and Their Meaning for the Creditors Rights Attorney, NARCA Webinar, May 2016;
» Regulation of the Collection Industry: How Much Is Too Much, NARCA Spring Conference, 2016;
» Advocacy Super Session, ALFN-NARCA-USFN-REOMAC Advocacy Day, April 2016;
» The Hanna Case: What You Need to Know, NARCA Webinar, January 2016;
» Consumer Law Update, Alabama Judicial College, January 2016;
» Legal Dings, Dents and Crashes: Collecting on Auto Deficiency Accounts, NARCA Fall Conference, 2015;
» Consumer Law Update, Alabama Judicial College, July 2015;
» Fair Debt Collection Practices Act, Collection Law From Start to Finish, NBI, May 2015;
» In Depth: Advocacy Day Briefing Book & Legislative Outlook, ALFN Advocacy Day, April 2015;
» To The Point: CFPB Collection Complaints, InsideARM Webinar, 2014;
» The CFPB Complaint Portal & Database: The Truth Behind the Numbers, NARCA Webinar, 2014;
» NARCA Legal Symposium on Consumer Debt Collection, October 2013;
» Ethical Issues for Alabama Collection Lawyers, Creditor Attorney Association of Alabama Seminar, September 2012; and
» The Consumer Financial Protection Bureau, Consumer Finance Seminar, April 2011.
Brent also publishes on topics relevant to the financial services industry. His articles, white papers and blog posts include:
» Ninth Circuit and CFPB Proposed Rule Take Opposite Positions On SOL Revival Warning, RMAI Insights, Vol. 10, Issue 1, Spring 2020;
» CFPB Enters Consent Order with Consumer Lender over Debt Collection and Credit Reporting Practices, Business Law Today, Month-In-Brief, June 2018;
» States Advance Debt Collection Regulation as CFPB Rule Stalls, Consumer Financial Services Law Report, Vol. 21, Issue 16, February 20, 2018;
» Do You Think Banks Are Debt Collectors? The CFPB and the FTC Do, Business Law Today, October 2016;
» Collecting on Auto Deficiency Accounts, The National List of Attorneys, 2015; and
» Alabama Debt Collection Laws, White Paper, The National List of Attorneys, 2013.
Brent served for many years on the Executive Board of the Birmingham Bar Association’s Bankruptcy and Commercial Law Section and chaired the Section in 2019. He also served on the Executive Board of the Birmingham Bar Foundation in 2020 and on the Executive Board of the Birmingham Bar Association in 2019.
In 2015-2016, Brent served as Secretary of The National Creditors Bar Association, after serving on its Board of Directors for the previous eight years. In addition, he chaired NCBA’s Government and Regulatory Affairs Committee from 2011-2017. He currently serves on RMAI’s Federal Regulatory and Legislative Committee and RMAI’s State Legislative Committee.
Brent is a member of the American Bankers Association, ACA International, the American Financial Services Association (AFSA), the International Association of Privacy Professionals, the Mortgage Bankers Association, the Receivables Management Association International (RMAI), and the Securities Industry and Financial Markets Association (SIFMA).
Brent earned his B.A., cum laude, from Birmingham-Southern College and his J.D. from Cornell University, where he was Secretary/Treasurer of the Cornell Law School Moot Court Board.
He is admitted to practice law in Alabama, Mississippi and Tennessee, the Northern, Middle and Southern Districts of Alabama, the Northern and Southern Districts of Mississippi, the Eastern and Western Districts of Tennessee, the Northern District of Ohio, the Eastern District of Michigan, the Fifth Circuit Court of Appeals, the Eleventh Circuit Court of Appeals, and the U.S. Supreme Court.