Marc F. Kirkland

Marc F. Kirkland

Practice Areas

Commercial Litigation

Consumer Financial Litigation & Compliance

Dispute Resolution

Financial Litigation

Real Estate

Education

University of Virginia School of Law, J.D. 2004

University of Texas at El Paso, B.A., 2001, cum laude

Admitted to Practice

State Bar of Texas

U.S. Court of Appeals for the Ninth Circuit

U.S. District Courts for the Eastern, Northern, Southern, and Western Districts of Texas

U.S. District Court for the Northern District of Florida

U.S. District Court for the Eastern and Western Districts of Arkansas

U.S. District Court for Colorado

Focus of Practice

Commercial Litigation

Consumer Financial Litigation

Financial Litigation & Dispute Resolution

Real Estate

Professional/Civic Activities

Frisco Education Foundation - Board of Directors (2011-2014)

Frisco Urban Forestry Board - Member (2008-2014)

University of Texas at El Paso Alumni Association - Member

Leadership Frisco Class XI - Graduate (2008)

United States Navy (1992-1997)

Achieved the rank of E-5 with Honorable Discharge

Served on two Western Pacific Deployments with HS-4 while onboard the USS Carl Vinson and USS Kitty Hawk

Attached to VAQ-33 at NAS Key West

Presentations

Navigating Duties Under the FDCPA and TCPA – Are You Exposed?, Texas Association of Bank Counsel’s 41st Annual Convention (September 2017)

Avoiding Consumer Protection Pitfalls, Strasburger’s Second Annual Consumer Financial Litigation Symposium (August 2017)

FDCPA and TCPA Litigation & Issues, National Credit Union Collections Alliance 3rd Annual Conference (March 2017)

Navigating a Credit Union’s Duties Under the Fair Credit Reporting Act, National Credit Union Collections Alliance (March 2017)

Best Practices in Credit Reporting,Strasburger’s Annual Consumer Financial Litigation Symposium (June 2016)

FCRA Litigation & Issues, American Collectors Association of Texas Conference (March 2016)

FDCPA and the FCRA Enforcement Actions, Violations (CFPB v. Hanna), Litigation Trends, Background Screening Procedures and Violations of the FCRA, Proper Notices and Disclosures as a Debt Collector under the FDCPA, and Related Privacy Issues, American Conference Institute’s National Forum on Consumer Finance, Class Actions and Litigation (April 2016)

Update on Debt Collection and Credit Reporting Litigation and Enforcement Actions: Effective Defense Strategies for New and Emerging Claims and Government Enforcement Actions Arising from the FDCPA and FCRA, American Conference Institute’s National Forum on Consumer Finance, Class Actions and Litigation (April 2015)

Representative Experience

Regularly evaluates and provides guidance to clients regarding the FCRA, FDCPA, TCPA, and various state consumer protection laws. Represents national consumer reporting agency in various jurisdictions throughout the country.

Obtained multiple summary judgments on behalf of clients in litigation brought by consumers alleging violations of the FCRA, defamation, invasion of privacy and other state law claims in various jurisdictions throughout the country.

Obtained favorable settlements on behalf of clients in various jurisdictions throughout the country for claims brought under consumer financial protection statutes.

Represented a national financial institution in lawsuits throughout the country for claims related to mortgage foreclosures. Represents and defends various clients in civil litigation matters before federal and state courts throughout the country.

Awards & Honors

Named Texas Super Lawyers’ Rising Star by Thomson Reuters (2007, 2010)

Practice Description

Marc Kirkland is a partner and a member of Quilling's Consumer Financial Litigation team. Marc’s practice is primarily focused on defending financial institutions, consumer reporting agencies, background check companies, creditors, debt collectors, and other companies against claims under the FCRA, FDCPA, TCPA, TILA, ECOA, RESPA and other federal and state statutes. He counsels companies on corporate compliance issues related to various consumer finance laws. Marc also represents corporations, partnership, and individuals in complex business litigation matters, including contract disputes, tortious interference, and real estate claims.

Publications, Seminars, and Cases

    Navigating Duties Under the FDCPA and TCPA – Are You

    Exposed?, Texas Association of Bank Counsel’s 41st Annual Convention (September 2017)

    Avoiding Consumer Protection Pitfalls, Strasburger’s Second Annual Consumer Financial Litigation Symposium (August 2017)

    FDCPA and TCPA Litigation & Issues, National Credit Union Collections Alliance 3rd Annual Conference (March 2017)

    Navigating a Credit Union’s Duties Under the Fair Credit Reporting Act, National Credit Union Collections Alliance (March 2017)

    Best Practices in Credit Reporting, Strasburger’s Annual Consumer Financial Litigation Symposium (June 2016)

    FCRA Litigation & Issues, American Collectors Association of

    Texas Conference (March 2016)

    FDCPA and the FCRA Enforcement Actions, Violations (CFPB v. Hanna), Litigation Trends, Background Screening Procedures and Violations of the FCRA, Proper Notices and Disclosures as a Debt Collector under the FDCPA, and Related Privacy Issues, American Conference Institute’s National Forum on Consumer Finance, Class Actions and Litigation (April 2016)

    Update on Debt Collection and Credit Reporting Litigation and Enforcement Actions: Effective Defense Strategies for New and Emerging Claims and Government Enforcement Actions Arising from the FDCPA and FCRA, American Conference Institute’s National Forum on Consumer Finance, Class Actions and Litigation (April 2015)