William T. Repasky
Bill Repasky is a trial lawyer with Frost Brown Todd LLC’s Louisville office. He serves as Chair of the Financial Services Litigation Section. He is a graduate of the University of Michigan (B.A.) and Vanderbilt University Law School (J.D.). Prior to joining the Firm, Bill worked as in-house counsel for National City Bank, handling the Bank’s commercial, retail and operational litigation. His litigation experience includes:
Commercial - Complex lender liability, embezzlement and corporate fraud, CERCLA/RCRA liability, check kiting, commercial mortgage fraud, broker/dealer litigation, money transmitter laws, equine lending disputes, credit defamation claims, work-out negotiations and commercial collections and foreclosure;
Retail - Class action defense, TILA, FACTA/FCRA, FDCPA, HMDA, Kentucky's CPA rules, identity theft and notification, lien release claims, mortgage disputes, full scope of check cases, and collections and foreclosure; and
Deposit Operations - UCC Articles 3, 4, 4A and 9, Internet/electronic banking, cyber security, class action defense, deposit account agreements, vendor agreements, garnishments and wrongful attachment, discrimination, USA Patriot Act, ACH, NACHA, BSA, EFTA, Reg E & CC, FFIEC matters and privacy issues.
Bill has litigation and contract drafting experience in the credit and debit card industry, including those issues unique to transaction Acquirers. He served as in-house counsel to National Processing Company, then the nation’s second largest acquirer of card transactions.
Bill understands that the best lawsuit is the one a financial institution never encounters. Thus he is active with in-house best-practices training programs:
"Dealing With Your Most Troublesome Commercial Borrowers-Changing Courses of Dealing, Safely Exercising Discretionary Authority Under Loans, and the New World of Bank Work-Out Agreements"
"The Five Most Common Mistakes Made at Retail Bank Branches and How to Prevent Them"
"Managing Developing Risks in Electronic Banking and Payment Systems."
Recent Blog Posts
- Oui, Mais – “but of course” the 11th Circuit Holds Wife’s Providing Cell Phone Number Was “Prior Express Consent” for Debt Collection Calls
- Bitcoin ATMs: What They Are and How They Work
- A Regulatory Primer for Bitcoin ATM Operators – Federal Law & Regulations
- A Regulatory Primer for Bitcoin ATM Operators – State Law & Regulations
- Legal Issues of Owning and Operating a Bitcoin ATM Business
- Conference of State Bank Supervisors Sues U.S. Comptroller over Non-Bank Charter Rule
- A Cautionary Tale for Money Service Businesses: How Violating the Bank Secrecy Act Could Cost Millions
- State Attorneys General Ask at the Checkout Counter, “Chip & Sign or Chip & Pin?”
- Is .bank Right For You? The Pros & Cons
- When Contract Boilerplate Matters: A Case Lesson From the Credit Card Processing World
- Decision on swipe fees will redirect billions in retail economy
- Court ruling could leave bank on hook for online fraud
- Your Company's Big Credit Card Problem
- Cyberthieves Hit Owners
- Forcht Bank plans to add branches here, hire more employees
- Breach 'Warranty' Protects Bank Clients When the Law Does Not
- Expensive Lesson
- Comerica Settles After Updated Security Rules Weaken Its Case
- FFIEC's New Security Rules Will Weaken Banks' Lawsuit Defenses
- Obama Adviser Attempts to Allay Bankers’ Concerns About CFPB
Non-FBT Publications and Events
Chair: Kentucky's Annual Legal Conference of Financial Institutions, 2007-2015
Quoted: Bank Safety and Soundness Advisor, "The Community Bank Outlook for 2015" - December 29, 2014
Presenter: "Understanding and Managing Developing Risks in Electronic Banking and Payments Under UCC Article 4A and ACH Transactions"
Instructor: "Compliance with the New Unfair, Deceptive or Abusive Acts or Practices Rules," Kentucky Banker's Compliance School.
Presenter: Kentucky Bankers Association Event "BSA for Trust Departments and Trust Companies" - October 2013
Presenter: West Virginia Bankers Association, Dodd Frank Act Forum.
Instructor: Kentucky Bankers' Association, BSA/AML and USA Patriot Act
Instructor: Cyber Banking Fraud and Security Webinar
Instructor: “Data Breach: Understanding the Risk and Managing a Crisis,” a business leader seminar, Louisville, Kentucky.
Presenter: 2011 Annual Security Conference for Ohio, Indiana and Michigan Bankers, On-Line Fraud and Cyber Account-Takeover Legal Issues, Indianapolis, Indiana.
Teacher: Banking College, Kentucky Banker's Association, Georgetown College (Ethics for Bankers)
Presenter: Kentucky Bankers Association Conference, "Internet Banking Liabilities"
Presenter: Kentucky CPA Financial Institutions Annual Meeting
Presenter: "Guide to Internal Investigations, the Attorney-Client Privilege and the Work Product Doctrine," LBA, In-House Counsel Section's Annual Seminar.
Presenter: Dodd-Frank Wall Street Reform and Consumer Protection Act Overview, October 2010
Private in-bank training for senior lenders/retail bank personnel
Chapter Author, Kentucky Real Estate Law and Practice, 3d ed., Chapter 31
FBT Banking Law Articles:
When Contract Boiler Plate Matters: A Lesson from the Credit Card Processing World, January 2015
New Savings Options Authorized for Retail Customers, January 2015
New Kentucky Rules Regarding Slander of Title Claims and Lis Pendens Filings, June 2014
Heartbleed in the Heartland for Community Banks, April 2014
Contracting with Third Party Vendors, April 2014
Electronic Funds Transfer Liability: Business Convenience Versus Commercial Reasonableness, March 2013
Commercial Law “Boot Camp” Successful Again, March 2013
The Changing Face of Criminal Background Checks a/k/a There Are Limits to the “Get Out of Jail Free Card” for Financial Institutions, March 2013
Kentucky Supreme Court Changes The Law on Emotional Damages, January 2013
Should Kentucky Banks Include Class Action Waiver Clauses in Their Account Agreements?, October 2012
Small Bank Agrees to $2 Million Plus Penalty to Resolve Lending Discrimination Complaint, September 2012
Federal Court of Appeal’s Decision Raises New On-Line Banking Uncertainty, July 2012
Kentucky’s Lien Release Statute ᷈ to Err is Human, and May Be “Good Cause” Excusing a Delinquent Release’s Filing, July 2012
Tips for Improving Outcomes When Negotiating Software License or Other Information Technology Contracts, March 2012
Bankers “Boot Camp” Successful Again, March 2012
Electronic Banking Security and Risk Analysis Guidance, March 2012
Sixth Circuit Addresses “Good Faith” Under Tennessee Law, September 2011
Bank Directors Are Put on Notice About their Personal Liability, September 2011
Kentucky Opens the Way for Private Auctioneers in Foreclosure Sales, August 2011
FFIEC Formally Releases Its Supplemental Guidance Respecting Online Banking, July 2011
What the Patco and the Experi-Metals Cases Reveal About the Current State of On-Line Banking Law and Operational Risks, June 2011
Item and Entry Processing Order Update for Financial Institutions, June 2011
NACHA Proposes New Rules to Fight On-Line Account Takeovers, May 2011
Important Kentucky Lender Liability Case Reversed, February 2011
Planning for Item Processing Order Complaints, January 2011
Deed in Lieu of Foreclosure - What's the Consideration, January 2011
Employee Whistleblower Liability Under the Dodd-Frank Act, December 2010
A New Wave of Posting-Order Class Actions? August 2010
BofA/Countrywide Agree to Pay $108 Million to Settle FTC Complaint, June 2010
Board Governance - Kentucky Judges May Not Serve on the Board or on an Advisory Board of a Financial Institution, May 2010
2010 Federal Financial Reform Bill - Business Opportunities and Concerns: Residential Mortgage Origination & Lending, May 2010
Internet Banking Risks for Financial Institutions, April 2010
FAQ: FDIC New Sweep Disclosure Final Rule, July 2009
The New Jefferson County, Kentucky "Foreclosure Conciliation Project," May 2009
TARP and Bank Directors and Officer Liability, March 2009
RDC, NACHA and Reg H, February 2009
Fear and Loathing in the World of Small Account Collections, December 2008
Identify Theft Enforcement and Restitution Act of 2008, November 2008
Proposed Changes to Kentucky's Subpoena Rules May Save Financial Institutions Money and Time, July 2008
"S.A.R." stands for Suspicious Activity Report, Not Serial Activity Report, April 2008
The Care and Maintenance of the Kentucky Mechanics Lien, April 2008