Photo of Jacqueline M. Allen

Jacqueline M. Allen Associate

Areas of Practice

Industries

Bar Admissions

  • Texas 2010

Education

Southern Methodist University Dedman School of Law, J.D., 2010

The University of Texas at Austin, B.S., Psychology Minor in Business, with honors, 2007

Certifications

  • IAPP Certified Information Privacy Professional (CIPP)
  • Certified Regulatory Compliance Manager (CRCM), Institute of Certified Bankers
  • Certified Anti-Money Laundering Specialist (CAMS), Association of Certified Anti-Money Laundering Specialists

Jacqueline Allen advises financial institutions, auto lenders, small-dollar lenders, money transmitters, Fintech companies, and other technology companies in regulatory compliance matters with a particular focus on consumer protection, digital commerce, and privacy and data security issues. Prior to joining Dykema, Ms. Allen worked in house addressing regulatory compliance matters for a financial services company offering small-dollar loans and money transmission services throughout the United States and Canada. While attending law school, she served as a law clerk for the Federal Deposit Insurance Corporation (FDIC), Federal Trade Commission (FTC), and Department of Housing and Urban Development (HUD).

Experience

Auto Lending and Small-Dollar Lending

Counsel non-depository lenders offering various consumer lending products including auto loans, payday loans, motor vehicle title loans, and installment loans.

Conduct fifty-state surveys of small-dollar and auto lending laws, including laws regarding add-on products.

Representation of non-depository consumer lenders in various issues pertaining to state licensing, state examinations, loan agreements, and other disclosures.

Banking and Financial Services

Frequently counsels banking and financial services clients with respect to regulatory compliance matters, including: 

  • Equal Credit Opportunity Act (ECOA)/Regulation B 
  • Electronic Funds Transfer Act (EFTA)/Regulation E 
  • Credit Card Accountability and Responsibility and Disclosure (CARD Act)
  • Truth in Lending Act (TILA)/Regulation Z 
  • Unfair, Deceptive or Abusive Acts or Practices (UDAAP) 
  • Gramm-Leach-Bliley Act (GLBA) 
  • Children’s Online Privacy Protection Act (COPPA) 
  • Telephone Consumer Protection Act (TCPA) 
  • Fair Debt Collection Practices Act (FDCPA) 
  • Fair Credit Reporting Act (FCRA) 
  • Fair and Accurate Credit Transactions Act (FACTA) 
  • Anti-Money Laundering laws, U.S. PATRIOT ACT, and OFAC 
  • Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) 
  • Electronic Signatures in Global and National Commerce Act (E-SIGN) 
  • National Automated Clearing House Association (NACHA) Rules
  • Military Lending Act (MLA)
  • Servicemembers Civil Relief Act (SCRA)
  • State consumer and small dollar lending laws
  • State money transmission laws
  • State gift card laws
  • EMV standard

Representation of financial institutions in developing and drafting agreements for various products such as on-line and mobile banking, bill payment and presentment, remote deposit capture programs and Treasury Management services (such as ACH, wire transfers, and lockbox).

Counsel financial institutions and financial services clients regarding electronic and facsimile signatures, including drafting and designing appropriate agreements, policies, procedures and controls.

Data Privacy and Security

Counsel various banking and financial services clients regarding:

  • Compliance with federal Right to Financial Privacy, Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transactions Act (FACTA), CAN-SPAM Act, Children’s Online Privacy Protection Act (COPPA), and various state laws pertaining to children’s online privacy
  • State and federal data security breach notification laws, including state-by-state analysis of applicable notification laws, drafting data security breach notification letters, and conducting research and providing advice regarding credit monitoring products and services
  • Information sharing limitations
  • Customer-facing privacy notices
  • Internal privacy and data security policies
  • Identity theft and red flags programs
  • Record retention policies
  • Privacy and data security provisions in contracts
  • Incorporating privacy by design into retail, online, and mobile products and services
  • Privacy issues related to mobile devices such as geo-location features and the collection and use of consumer data

Money Transmission

Representation of entities conducting money transmission in matters related to licensing, reporting, regulatory examinations, third-party audits and due diligence, and authorized delegates. 

Coordinate multi-state research and outreach to state regulators of non-depository institutions regarding the application of state money transmitter laws and regulations to various business models. 

Payment Systems and Digital Commerce 

Representation of mobile wallet platform in extensive federal and state regulatory compliance issues.

Draft mobile wallet end-user terms and conditions and privacy policies.

Counsel debit and credit card clients regarding card network rule, the Durbin Amendment, and the EMV standard.

Advise clients regarding the design, launch, and management of prepaid/stored value card programs (including gift card programs). 

Coordinate multi-state research regarding gift card laws and regulations, including reporting of unclaimed property.

Blog Posts

Memberships & Involvement

  • Texas Pro Bono College

  • International Association of Privacy Professionals (IAPP), Member
  • Association of Certified Anti-Money Laundering Specialists (ACAMS)
  • Independent Bankers Association of Texas

  • Texas Association of Bank Counsel

  • Texas Bar College
  • Dallas Bar Association

  • Dallas Area Compliance Association
  • North Texas Chapter of Association of Certified Anti-Money Laundering Specialists

Community/Civic Activities

  • Texas Appleseed

  • SMU International Law Review, Associate Editor
  • Humane Society of North Texas
  • Texas Humane Legislative Network