Constitutionality of the Stay at Home Orders

During the pandemic, over half the people in America are subject to “stay at home” orders, all of which vary considerably in terms of breadth and enforcement. But are such orders constitutional? The Constitution protects the right to associate, assemble, worship and travel. Does that mean there are limits on what sort of restrictions the government can place on people’s freedom of movement? The panelists will discuss these principles with a specific focus on collection law firms, and the challenges faced in adhering to these orders as well as beginning to reopen under modified restriction.

Presenters:

Lauren M. Burnette is a partner in Messer Strickler, Ltd.’s Florida office. In her national legal practice, Ms. Burnette represents attorneys, financial institutions, debt servicers and buyers, mortgage lenders and more in a broad range of compliance management services, including risk assessment and remediation, due diligence, third-party monitoring and auditing, training assistance, and litigation management and oversight. She represents clients in litigation matters involving the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Telephone Consumer Protection Act, and related federal and state laws. She also represents members of the consumer financial services industry in investigations and enforcement matters initiated by state and federal regulatory agencies, including state Attorneys General, the Federal Trade Commission the Consumer Financial Protection Bureau.

Ms. Burnette is a member of the National Creditors Bar Association, where she previously served as Co-Chair of the Spring 2017 Conference and co-chair of the Defense Bar Steering Committee. She is also active in ACA International, where she previously served on ACA's Sanctions Review Panel. She frequently speaks to bar associations, law firms and national industry organizations regarding litigation and compliance issues affecting the consumer financial services industry, and is a regular contributor to various industry publications. In 2016, Ms. Burnette was named as one of the 25 Most Influential Women in Collections by Collection Advisor magazine.

Barbara Nilsen is a partner and Chief Compliance Officer of the law firm of Blitt & Gaines, P.C. She is a graduate of The University of Illinois-Chicago and The John Marshall Law School. She is licensed to practice in the State of Illinois, the State of Missouri and is admitted to the bar of the United States District Court for the Northern District of Illinois. Prior to joining Blitt and Gaines, P.C. as a Partner, she practiced in the areas of creditor’s rights and residential foreclosures at the law firm of Freedman Anselmo and Lindberg, LLC. She has been practicing in the area of creditor's rights for almost 14 years and has focused the last 8 years in compliance.

Nicole M. Strickler is a seasoned litigator focusing her practice in the defense of consumer financial services litigation throughout the country. This includes representing clients in both individual and class actions involving state and federal consumer protection laws, including the Fair Debt Collection Practices Act ("FDCPA"), Fair Credit Reporting Act (“FCRA”), Telephone Consumer Protection Act (“TCPA”) as well as similar state laws. Her clients include corporations, lending institutions, collection agencies, asset purchasers, lawyers as well as individuals. While she always strives to win prior to trial, Ms. Strickler has successfully defended numerous bench and jury trials on behalf of her clients, including class claims. She is routinely solicited to speak before national industry trade organizations, and in publications, concerning issues affecting the credit and collection industry. Additionally, she has substantial experience representing her clients before state regulators, such as the Illinois Department of Financial and Professional Regulation, and the Consumer Financial Protection Bureau. Ms. Strickler has also successfully represented clients in numerous cases on appeal in various appellate courts, and even as amicus curiae before the United States Supreme Court.

Apart from her financial services practice, Ms. Strickler also defends corporations and individuals in claims brought under state and federal employment laws including Title VII, Section 1983, the Illinois Wage and Payment Act, and the Illinois Unemployment Insurance Act. In this practice, she has tried cases to successful verdict, in addition to serving as a sounding board for her client’s compliance issues.