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Overview

Providers of consumer financial services rely on Marci to guide them through the shifting complexities of regulatory and litigation matters, both locally and nationally.

Marci represents installment lenders, motor vehicle finance companies, short-term lenders, online lenders, credit unions, and banks when faced with regulatory issues. She provides practical advice to clients to ensure they comply with the myriad laws governing their businesses.

Based in Wisconsin, Marci is well-versed in the subtleties of the Wisconsin Consumer Act and other consumer credit statutes, and she uses those as a springboard to represent clients nationwide. Marci advises on federal consumer protection laws, including the Truth in Lending Act (TILA) and Regulation Z, the Fair Credit Reporting Act (FCRA), the Fair Debt Collections Practices Act (FDCPA), the Gramm-Leach-Bliley Act (GLBA), the Telephone Consumer Protection Act (TCPA) and the Dodd-Frank Act, as well as Articles 3 (negotiable instruments) and 9 (secured transactions) of the Uniform Commercial Code.

Marci’s skills extend to all aspects of consumer finance litigation: discovery, dispositive motion practice, mediation, negotiation of settlement agreements, trial and appeal. Her litigation experience informs her counsel to clients hoping to avoid regulatory issues. She builds and reviews forms for compliance with both state and federal laws covering consumer financial services. Credit unions and other financial institutions also turn to Marci to prepare and review third-party and vendor contracts.


Industry

Services

Recognition

  • Benchmark Litigation, 40 & Under Hot List, 2019
  • In Business Madison, Professional of the Week, 2018
  • Wisconsin Law Journal, Up and Coming Lawyer, 2017

Education

  • J.D., University of Wisconsin Law School
    • cum laude
    • Order of the Coif
  • B.A., University of Wisconsin-Madison
    • Political Science and Communication Arts
    • with distinction

Admissions

  • Wisconsin
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. District Court, Western District of Wisconsin
  • U.S. Bankruptcy Court, Eastern District of Wisconsin
  • U.S. Bankruptcy Court, Western District of Wisconsin
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Supreme Court

Professional Associations and Memberships

  • American Bar Association
    • Vice Chair, Electronic Financial Services and Digital Currency Subcommittee of the Consumer Financial Services Committee
    • Former Chair, Young Lawyers Subcommittee of the Consumer Financial Services Committee
    • Business Law Section, Young Lawyers Division
    • Former Young Lawyer Liaison to Truth in Lending Subcommittee
  • American Financial Services Association, Counsel to the Law Committee and Member of State Government Affairs Committee
  • State Bar of Wisconsin
  • Conference on Consumer Finance Law (CCFL) Governing Committee
  • Wisconsin Financial Services Association
  • Wisconsin Credit Union League
  • Missouri Installment Lenders Association
Featured Case Studies

Wisconsin Supreme Court Limits Creditors' Liability Under WCA

Our creditor client sued for default on loan payment and the defendant borrower brought a counterclaim, alleging that our client failed to send a proper notice, thus violating the notice of right to cure requirement of the Wisconsin Consumer Act (WCA). In this complex case, Marci and the Husch Blackwell team prevailed before the Wisconsin Supreme Court in Security Finance v. Brian Kirsch (2019 WI 42),  which concluded that filing suit without proper notice of cure is merely grounds to dismiss the suit without prejudice. The court further held that such a procedural "miscue" does not give rise to liability by the creditor under the WCA's debt collection statute. Because of the research, due diligence and strategic arguments of Marci and other Husch Blackwell attorneys, the court found that our creditor client was entitled to enforce its contractual rights to collect the loan obligation, and that filing suit without proper notice of cure is not harassing collection conduct.

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Oneida Nation Obtains Dismissal of Class Action

A class action alleged that establishments owned by the Oneida Nation violated the Fair and Accurate Credit Transactions Act. Marci was on our team, asserting that the plaintiff had no basis to sue based on the doctrine of Indian tribal immunity. The case was dismissed, upheld on appeal and denied certiorari by the U.S. Supreme Court.

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Court Grants Summary Judgment in Favor of Lender

Marci and the Husch Blackwell team defended our client against alleged violations of the Fair Credit Reporting Act (FCRA) in the Eastern District of Wisconsin. The plaintiff claimed that credit information furnished on a credit report was incorrect based on her completion of a Wisconsin Chapter 128 wage-earner plan and our client failed to conduct a reasonable investigation after receiving notice of this dispute regarding the reporting in violation of 15 U.S.C. § 1681s-2(b). Drawing on their knowledge of and experience with both FCRA and Chapter 128, Marci and the Husch Blackwell team developed strategic and innovative arguments to defeat plaintiff’s motion for summary judgment on her claim against our client. Based on our arguments, the court not only denied plaintiff’s motion for summary judgment but outright dismissed the case, determining that plaintiff failed to establish a “factual inaccuracy” that could have been discovered through investigation.


Additional Experience
  • Represented major credit union in successfully resolving several potentially significant claims asserted by state regulators. Successfully resolved all issues so it could continue to operate its indirect lending program.
  • Represented credit union in dissolution proceedings before regulators. Communicated with credit union members to dissolve both in compliance with state law and to benefit members.
  • Obtained dismissal for mortgage service provider alleged to have violated Fair Debt Collections Practices Act. Decision was upheld at appeal level. Johnson v. Carrington Mortg. Servs., 638 Fed.Appx. 523 (7th Cir. 2016).
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Outside the Office

Marci devotes most of her free time to her young family.

She and her husband, Clay, are regular runners and participate in trail races several times a year.