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Dara
Tarkowski

Managing Partner

312.579.3135
dara.tarkowski@actuatelaw.com
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Dara is an attorney, speaker, published author and innovator.

With an emphasis on complex litigation and consumer finance law, Dara Tarkowski represents creditors in a range of litigation and regulatory matters. She serves as outside general counsel for a national debt buyer and collection agency. Dara routinely represents clients in matters pertaining to the FDCPA, the FCRA, the TCPA, securities laws, state unfair and deceptive trade practices laws, state consumer protection laws, state licensing requirements, and state regulatory advocacy. Dara also provides compliance counseling on best practices in the rapidly evolving financial services sector – including FinTech and RegTech startups - utilizing her deep knowledge of crafting policies and procedures as well as the design of compliance management systems.

American Banker recently named Dara as one of the Most Influential Women in Fintech.

Dara has represented clients in both criminal and civil matters before state attorneys general, the CFPB, FTC, SEC, and other state and federal regulators. Additionally, Dara advises clients on cybersecurity regulations, records retention, defensible disposition and document management, state and federal requirements on data privacy and security, data breach issues and response, and the preservation and production of electronically stored information.

In addition to her legal practice, Dara is a recognized thought leader in areas related to the intersection of technology and high regulated industry. As Chief Innovation Strategist to Actuate’s Regtech subsidiary, quointec, Dara was recently named to Innovate Finance’s 2019 Women in Fintech Powerlist. She hosts her own podcast - Tech on Reg - which explores the intersection of law, technology and highly regulated industry, and is a regular contributor to Breaking Banks, the world’s number one Fintech podcast.

Dara also acts as outside general counsel to FINTEX, the non-profit trade association fueling innovation in financial services.

 
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Representative Matters

  • Complex Commercial Litigation: Represented plaintiff debt purchaser in connection with a breach of contract matter worth over $50 Million. Dara acted as lead trial counsel where the arbitration went to full hearing and verdict with a full recovery.

  • Fair Debt Collection Practices Act (FDCPA): Represented 14 defendants and obtained full dismissal with prejudice, including debt collector, debt buyers and certain principals in connection with a class action complaint alleging numerous violations of the Fair Debt Collection Practices Act and Alabama common law.

  • Telephone Consumer Protection Act (TCPA): Represented debt collection agency and obtained full dismissal with prejudice of TCPA “honeypot” case seeking millions of dollars in damages.

  • Complex Commercial Litigation: Represented client and obtained summary judgment in connection with its claim of conversion related to the improper acquisition and retention of confidential information.

  • Consumer Financial Protection Bureau (CFPB): Represented clients under supervision of the CFPB; created compliance management systems and drafted policies and procedures.

  • FDCPA: Represented five defendants and successfully moved to compel arbitration of purported FDCPA class action, including debt buyers, servicer and individual.

  • FDCPA: Represented debt collection firm and successfully obtained dismissal of FDCPA complaint based on plaintiff’s lack of standing and inability to trace any purported damages to alleged statutory violation

  • Internal Investigations: Represented public and private companies and conducted internal investigations regarding state and federal regulatory issues for institutions of higher education and financial services companies (including banks and non-banks), including guiding clients through self-disclosures to regulators.

  • CFPB: Represent clients in connection with CFPB and state regulatory audits.

  • Whistleblower Employment Discrimination Claim: Represented corporate flight department of privately held health care company in defense brought under Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21) 49 U.S.C. §42121.

  • Federal Lanham Act: Represented a Chicago wholesaler, several related retailers, and their individual owners, in successful pursuit of claims for violation of Act 15 U.S.C § 1125 and related common law claims alleging they had been caught selling counterfeit versions of “TOP”-brand cigarette rolling papers.

  • Spoliation of Evidence: Represented clients and successfully briefed and argued motions for sanctions for spoliation of evidence resulting in clients being awarded over $400,000 for opponent’s misconduct.

  • Spoliation of Evidence: Represented clients and managed several forensic inspections of electronic devices, successfully pursuing and securing sanctions awards on behalf of clients related to the spoliation of evidence.

Published Decisions


• Zambrana v. Pressler and Pressler, LLP, et al., Case No. 16-cv-2907, 2016 WL 7046820 (S.D.N.Y. Dec. 2, 2016)

• Bass v. Blitt and Gaines, P.C., Case No. 16-cv-6874, 2016 WL 6877729 (N.D. Ill. Nov. 22, 2016)

• Telephone Science Corporation v. Asset Recovery Solutions, No. 15 C 5182, 2016 WL 4179150 (Aug. 8, 2016)

• Telephone Science Corporation v. Asset Recovery Solutions, No. 15 C 5182, 2016 WL 47916 (Jan. 5, 2016)

• Stewart v. Bureaus Investment Group, LLC, et al., Case No. 3:10-CV-1019-WKW, 2015 WL 7572312 (Nov. 24, 2015)

• Top Tobacco, L.P. et al. v. Midwestern Cash & Carry, LLC, et al., No. 11 C4460, 2014 WL 243431 (N.D. Ill., Jan. 22, 2014)

Published Work and Speaking Engagements

  • Collection Recovery Solutions, Moderator, “Legislative and Regulatory Update,” Four Seasons Las Vegas, May 11, 2023

  • Citi Digital Money Symposium, Panelist, “The Rise of ChatGpT: A Gamechanger for Financial Services,” London, UK, March 30, 2023 

  • Finovate Fall, Mastermind Keynote, “Crypto Regulation,” September 11, 2023

  • ABA Business Law Section Spring Meeting, Panelist,  “Fintech True North: American and Canadian Policy Approaches to Digital Currency and Fintech,” Vancouver, BC, March 28-30, 2019

  • Credit and Collections News Conference, Panelist, “AI in Collections - Disrupt or Be Disrupted,”  Ritz-Carlton, Lake Oconee, GA,  March 26, 2019

  •  RMA Annual Conference, panelist,  “Blockchain, Innovation Applications, Digital Wallets and Cryptocurrency in Receivables Management,” Las Vegas, NV, February 6, 2019 

  • Relativityfest, panelist, "Cybersecurity for Attorneys," October 2, 2018

  • General Counsel Roundtable, RMA Executive Summit, Panelist, "Current Issues in the Debt Collection Industry; Top Litigation Risks-Understanding Current Legal Trends," August 2, 2018

  • General Counsel Roundtable, RMA Executive Summit, Panelist, "Market Trends: Fintech, Blockchain, and Cryptocurrency," August 1, 2018

  • General Counsel Roundtable, RMA Executive Summit, Panelist, "General Counsel Roundtable: Legal and Compliance Workshop," July 31, 2018

  • Receivables Management Association International (RMA), speaker, "The Debt Buyer Identity Crisis: Active, Passive or Something Different?" March 23, 2018

  • ARMA Metro NYC Chapter Conference, Panelist, "What To Do When Law Enforcement Knocks on the Door? Responding to Search Warrants, CIDS, and Grand Jury Subpoenas for Corporate Records and Data," March 6, 2018

  • PLUS D&O Symposium, Speaker," Emerging Exposures - What Do You Know?" February 2, 2018

  • Co-Author, “Board of Director and Audit Committee Issues,” Chapter 21 of The General Counsel’s Guide to Government Investigations, published by The Government Investigations and Civil Litigation Institute, October 2017

  • RMA Executive Summit, Speaker, “Data Security Breaches – Obligations in a Cyber-Sensitive Regulatory Environment” August 1, 2017

  • RMA Executive Summit, Speaker, “Adapting to Change: A General Counsel’s Perspective,” Speaker, “Data Security Breaches – Obligations in a Cyber-Sensitive Regulatory Environment,” August 1, 2017

  • FinTEx, Author, “The Changing Landscape of Cybersecurity Regulation and What It Means for FinTech,” July 17, 2017

  • FinTEx Chicago, Panelist, “The Changing Landscape of Cybersecurity Regulation,” July 11, 2017

  • DBA International 2017 Annual Conference, Speaker, “Litigating Spokeo: Practice Tips and Practical Realities - Is It Helpful to Us?” February 8, 2017

  • DBA Magazine, Author, “A Debt Buyer’s Quick Reference Guide for Cancellation of Debt,” Fall 2016

  • DBA Executive Summit, Speaker, “DBA Current Issues: Top Litigation Risks for Debt Buyers and How to Avoid Them,” August 4, 2016

  • DBA Executive Summit, Speaker, “Breaking Down the EFTA - What You Can Do Today to Make Compliant Payment Plans,” August 2, 2016

  • DBA International Annual Conference: Moving Forward Together, Speaker, “Telephone Consumer Protection Act: Recent Trends and Update,” February 10, 2016

  • Annual Consumer Finance Services Conference, Speaker, “State Regulation of Debt Collectors/Debt Buyers,” November 20, 2015

  • ABA Business Law Section Annual Meeting, Speaker, “Debt Collection Litigation and Legislative Update,” September 19, 2015

  • Collect 2015 Conference by Interactive Intelligence, Speaker, “Ask the Attorney,” August 16-18, 2015

  • 18th Annual DBA International Conference, Speaker, “Benchmarking Your CFPB Readiness: Policy and Procedures,” February 2015

  • 18th Annual DBA International Conference, Speaker, “Electronic Payment Options & Regulation E Compliance,” February 2015

  • “Importance of Auditing Service Providers to Avoid REG E Issues,” DBA Magazine, Fall 2014

  • CBA Consumer Credit Committee Meeting, Speaker, “CFPB Supervisory Audits- Preparation Tips,” September 3, 2014

  • Interactions 2014: Interactive Intelligence Global Conference, Speaker, “The CFPB Rulemaking Process” and “CFPB Supervisory Audit Process- Preparing Your Organization’s Compliance Management Systems,” June 3-4, 2014

Interviews and Podcasts

Cryptic Crypto , June 27, 2019
Hold Your Breaches , August 1, 2019
Network Learning , November 14, 2019
Merger Madness , February 27, 2020
Special Episode, Breaking Banks News , April 14, 2020

 
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Affiliations

  • RMA International, Amicus Brief Committee

  • RMA Certified Receivables Compliance Professional (CRCP)

  • ABA Business Litigation Section, Sub-Committee on Debt Collection, Member

  • FinTex

Honors

  • Money 20/20 - 2019 Rise Up Europe Cohort

  • Collection Advisor Magazine, 25 Most Influential Women in Collections, September 2016

  • Chicago Business Journal, Recognized as a Woman of Influence, 2015

  • Super Lawyers Magazine 2014-2017, Listed in Illinois as a “Rising Star” for Consumer Law

Education

  • J.D., Loyola University Chicago School of Law, 2007, cum laude

  • B.S., Northwestern University, 2003

Admissions

  • Illinois

Courts

  • Illinois Supreme Court

  • U.S. District Court, Northern District of Illinois

  • U.S District Court, Southern District of Illinois

 
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