Montserrat C. Miller

Partner

Direct: 404.873.8768
Fax: 404.873.8769
Atlanta
171 17th Street, NW
Suite 2100
Atlanta, Georgia 30363

Biography

Montserrat is a partner and co-chair of the Data Privacy practice, as well as co-chair of the Background Screening industry team. She is a trusted adviser to companies, providing counsel related to the collection and use of personal information, including criminal history and other public record details, credit history, student data, and employee and tenant data.

Montserrat has developed a national practice advising consumer reporting agencies (aka background screening companies), software providers, providers of data, and employers regarding compliance with the Fair Credit Reporting Act (FCRA) and state consumer reporting laws. This includes the use of criminal and credit history information, motor vehicle records, as well as Fair Chance Hiring laws (aka Ban the Box ordinances), all tied to employment and tenancy checks.

Montserrat’s legal advice addresses online privacy, privacy policies, and compliance programs, as well as privacy impact assessments. When data security and breach notification issues present themselves, she guides clients through their response to data security incidents. Montserrat also handles government investigations, including immigration and workforce-related audits and investigations. Montserrat also advises companies on compliance related to the Children’s Online Privacy Protection Act (COPPA), as well as state privacy laws, such as in California and Virginia. Montserrat is a certified information privacy professional (CIPP/US and CIPP/E) through the International Association of Privacy Professionals.

As part of her practice, Montserrat also counsels and defends companies regarding their hiring practices and compliance with the government’s Form I-9 and E-Verify employment eligibility verification requirements. Her practice includes defending employers in civil and criminal government investigations and conducting immigration-related internal investigations and Form I-9 audits. She has previously served as a member of the American Immigration Lawyers Association’s (AILA) Verification and Documentation Liaison Committee, the committee that addresses worksite enforcement, Form I-9, and E-Verify matters.

Montserrat is a member of the firm’s Diversity, Equity, & Inclusion and Hiring committees. She is a frequent invited speaker on topics related to data privacy and employment background screening. Additionally, Montserrat is fluent in Spanish.

Prior to joining AGG, Montserrat was in private practice with Greenberg Traurig LLP. She also worked in the U.S. Senate as Judiciary Committee Counsel to Senator Dianne Feinstein and began her legal career as a trial attorney for the U.S. Department of Justice, Immigration, and Naturalization Service, entering service through the Attorney General’s Honors Program.

Experience

  • Advises consumer reporting agencies, platform providers, data providers, and employers on policies and procedures to ensure compliance with the Fair Credit Reporting Act (FCRA), state laws related to the use of criminal and credit history information, and application of Fair Chance Hiring ordinances.
  • Advises companies regarding consumer data breach notification obligations and other steps to respond to a data breach. In addition to advising clients regarding consumer, regulatory, and other notifications.
  • Advises clients in connection with the development of online privacy policies and Terms and Conditions.
  • Advises a provider of college-readiness assessments in development of policies and procedures to comply with the Children’s Online Privacy Protection Act (COPPA) related to the collection and use of student personal data.
  • Successfully represented a consumer reporting agency before the Federal Trade Commission (FTC) in a nonpublic FTC inquiry into compliance with the FCRA. Following document productions, responses to interrogatories, and meetings with FTC staff, the inquiry was closed without further action by the FTC.
  • Testified before the U.S. Commission on Civil Rights (USCCR) on the use and value of criminal history records for pre-employment screening purposes. And, served as witness before the National Association of Criminal Defense Lawyers, NACDL Task Force on Restoration of Rights and Status After Conviction as a legal expert on background screening for employment purposes under the FCRA.
  • Provided counsel and strategic advice to a background screening trade association on employment and tenant screening issues before the U.S. Congress and multiple federal agencies.
  • Member of the AILA Worksite Enforcement Online Committee that created the AILA Worksite Enforcement Online Course for educational purposes for AILA’s 16,000 members on the Form I-9, E-Verify, and government audits and investigations related to same.

    Credentials

    • American University Washington College of Law, Juris Doctor
      • Editor, Journal of Gender & the Law
    • George Mason University, Bachelor of Arts,
      Honors Graduate with High Distinction
    • State of Georgia 2019
    • District of Columbia 1999
    • State of Maryland 1997
    • United States District Court for the Northern District of Georgia 2019
    • United States District Court for the District of Columbia 2012
      • American Immigration Lawyers Association
        • Member, Verification & Worksite Enforcement Liaison Committee, 2012-15 and 2019-21
        • Member, Worksite Enforcement Online Course Committee, 2021-22
      • American Bar Association
      • International Association of Privacy Professionals
      • Professional Background Screeners Association
    • Spanish ( Fluent )

    Recognition

    • Certified Information Privacy Professional (CIPP/US) Certification – International Association of Privacy Professionals (IAPP)
    • Certified Information Privacy Professional (CIPP/Europe) Certification – IAPP
    • Who’s Who Legal: Corporate Immigration, 2014-16, 2019, 2020
    • JD Supra Readers’ Choice Top Author in Immigration, 2019-21
    • JD Supra Readers’ Choice Top Author in Employer Liability Issues, 2021

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