Consumer Financial Compliance and Litigation

Consumer Financial Compliance and Litigation

Seamless, Multifaceted Team Addressing Consumer Compliance, Regulatory Matters and Litigation

The financial services industry faces challenges on multiple fronts as it seeks to address issues resulting from the advent of the Consumer Financial Protection Bureau (CFPB), the rejuvenated compliance expectations and proliferation of enforcement actions brought by prudential regulators; the US Department of Housing and Urban Development (HUD); the Federal Trade Commission (FTC); the Department of Justice (DOJ), including the US Trustee; state agencies; state attorneys general; and class actions brought by civil litigants and consumer groups. We have a broad range of experience and strive to obtain the best possible outcomes for our clients.

Experience

  • Represented a major financial institution in investigations commenced by the Department of Justice's Executive Office of the United States Trustee into client's practices respecting consumer bankruptcies
  • Represented a credit card issuer in nationwide consumer class action alleging miscalculation of interest on consumer and small business accounts
  • Represented Fortune 50 bank in connection with alleged $100 million advance fee prime bank fraud
  • Addressed what is believed to be the first Real Estate Settlement Procedures Act (RESPA) action pursued after the advent of the CFPB
  • Addressed a number of examination findings involving multiple bank regulatory agencies alleging unfair, deceptive or abusive acts or practices (UDAAP)
  • Represented client in connection with its decision to bring cause of action challenging the constitutionality of the Dodd-Frank Act
  • Obtained dismissal for bank of claims for alleged breach of fiduciary duties, fraud and unfair trade practices
  • Drafted and assisted with the operational implementation of a compliant compensation structure and policy for numerous mortgage originators
  • Defended various enforcement actions undertaken by the Office of the Comptroller of the Currency (OCC) for violations of the FTC Act and UDAAP related to third-party processors
  • Obtained change of control approvals in connection with the purchase and sale of mortgage entities
  • Advised and represented clients in connection with federal and state fair debt collection practices issues
  • Represented financial institutions and mortgage bankers in connection with consumer protection investigations initiated by state and federal agencies
  • Succeeded in convincing the OCC to decline to prohibit, suspend and remove a law firm from representation of financial institutions
  • Represented clients in numerous successful civil money penalty defenses involving allegations of insider abuse under Regulation O, Sections 23A and B of the Affiliates Act, and the legal lending limit