We have significant experience representing clients in areas such as:
- Consumer class action defense
- Consumer credit regulations (such as Regulation B)
- Electronic Funds Transfer Act (EFTA)
- Electronic Signatures in Global and National Commerce Act (E-Sign)
- Equal Credit Opportunity Act (ECOA) and state law equivalent statutes
- Fair and Accurate Credit Transactions Act (FACTA)
- Fair Credit Reporting Act (FCRA)
- Fair Debt Collection Practices Act (FDCPA) and state law debt collection claims
- Fair Housing Act (FHA)
- Federal and state odometer acts
- FTC Holder Rule
- Home Affordable Modification Program (HAMP)
- Home Owner’s Equity Protection Act (HOEPA)
- Home warranties
- Magnuson-Moss Warranty Act
- Mortgage foreclosures
- Mortgage lending and servicing
- Privacy claims
- Racketeer Influenced Corrupt Organizations Act (RICO)
- Real Estate Settlement Procedures Act (RESPA)
- Servicemembers Civil Relief Act (SCRA)
- Telephone Consumer Protection Act (TCPA)
- Truth in Lending Act (TILA)
- Unfair and Deceptive Acts and Practices statutes (UDAP)
- Unfair, Deceptive, and Abusive Acts and Practices (UDAAP)
We provide comprehensive counseling, advice, and representation to domestic and international financial institutions on transactional, legislative, regulatory, and litigation-related matters. We closely monitor the activities of the CFPB, FTC, HUD, House Financial Services Committee, Federal Housing Authority, and state regulators in implementing and enforcing consumer financial laws. Our lawyers are well-versed in relevant statutes and regulations, including RESPA/Reg X, TILA/Reg Z, FCRA/Reg V, ECOA/Reg B, and state statutes and regulations governing forward and reverse mortgage loan products.
We help clients avoid enforcement actions by educating them on federal and state regulatory requirements, performing due diligence and quality control reviews, and working with lenders and servicers to address regulatory compliance concerns. When enforcement actions arise, we represent our clients in all stages of proceedings, from advising on self-disclosure of suspected violations to responding to and resolving government inquiries. Our team has extensive experience leading high-profile internal investigations and representing financial service providers in complex matters, including CFPB and state supervisory examinations, DOJ defense, FTC actions, and state enforcement actions.
We represent clients in high-stakes class action and other complex cases, defending against claims based on allegations of:
- Accounting fraud
- Actuarial impropriety
- Breach of fiduciary duties
- Churning
- Consumer fraud
- Consumer protection and privacy regulations
- Control-person liability
- False disclosures
- Failure to disclose material information
- Illegal loan originations, modifications, and charges
- Illegal real property lien recording practices
- Improper changes to non-guaranteed and guaranteed contractual provisions
- Improper revenue recognition
- Inadequate recordkeeping
- Insider trading
- Market manipulation
- RICO violations
- UCC claims
- Unsuitability
- Warranty and indemnification claims under the National Automated Clearing House Association (Nacha) rules and regulations
Our practice is driven by our clients’ needs and goals. We have been able to obtain early dismissals or nuisance-value settlements through exhaustive early case assessments and vigorous motion practice. We evaluate each case to determine if it is more prudent to use class settlement as a tool to mitigate risks and move forward.
Our bankruptcy and financial services lawyers work together to represent lenders with loan workouts, debtors in possession, financing, bankruptcy protection planning, and debtor bankruptcies. We represent our clients as both secured and unsecured creditors and institutions serving as trustees for bonds and other debt instruments when users or borrowers have defaulted and sought protection under bankruptcy laws.
Our team is experienced representing Home Equity Conversion Mortgage (HECM) originators, investors, servicers, and other mortgagees across the country. We counsel our clients on the numerous complex issues they face with these loans and the HUD-related regulatory requirements for reverse mortgages. We represent reverse mortgage companies during CFPB examinations and state investigations into HECM servicing practices.
