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Financial Services Litigation (Consumer)

With a national practice, our financial services team advises consumer and commercial lenders, fintech providers, online payment processing servicers, investors, banks, credit card issuers, mortgage servicers and debt buying and collection professionals. We also have extensive experience helping clients navigate state and federal regulatory compliance. We manage large national portfolios of consumer litigation claims, helping companies streamline the litigation process and minimize risk.

Core Litigation Practice

We manage a substantial portfolio of pre-suit, class action, arbitration and individual litigation matters for financial services clients throughout our footprint. These claims include pre-suit, single plaintiff action, class action, arbitration, pre-petition trustee actions, stay violations and adversarial actions in bankruptcy.

Clients rely on our counsel to help them manage consumer claims related to account servicing, storage and use of personal financial information and communications with consumers.

Our lawyers routinely advise on reducing risk and defending claims involving consumer protection statutes and state and federal regulations:

Consumer Protection

  • Telephone Consumer Protection Act (TCPA)
  • Unfair, Deceptive, and Abusive Acts and Practices (UDAAP)

Credit Cards and Payments

  • Fair Credit Reporting Act (FCRA)
  • Equal Credit Opportunity Act (ECOA)
  • Fair lending statues
  • Fair Credit Billing Act (FCBA)
  • Electronic Fund Transfer Act (EFTA)
  • Fair Debt Collection Practices Act (FDCPA)

Mortgage Lending and Housing

  • Truth in Lending Act (TILA)/Regulation Z
  • Real Estate Settlement Procedures Act (RESPA)/Regulation X
  • Home Owners Loan Act (HOLA)
  • Home Ownership and Equity Protection Act (HOEPA)
  • Home Mortgage Disclosure Act

Financial Services Provider Regulations

  • National Bank Act (NBA)
  • Bank Secrecy Act
  • USA Patriot Act
  • Office of Foreign Assets Control (OFAC)
  • State and Federal Garnishment, Levies and Legal Orders of Process
  • State and Federal Subpoena Compliance
  • Gramm-Leach-Bliley Act (GLBA)

Additionally, we have assisted clients with compliance and litigation under state-specific consumer protection laws.

Compliance

Our team provides compliance guidance for financial services companies in connection with consumer lending and servicing operations. We work with clients to monitor and respond to regulations faced in the wake of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

To help clients stay informed about changes that can affect how they interact with consumers, our team closely monitors the actions of the Consumer Financial Protection Bureau (CFPB) and the Office of the Comptroller of the Currency (OCC). We help clients respond to new regulations by developing forms, policies, procedures and strategies to ensure compliance with developing federal requirements.

We assist clients working with state and federal regulators and state attorneys general in connection with examinations, Civil Investigative Demands (CIDs), investigations and enforcement actions.

National lenders and servicers look to us to ensure compliance with the regulations of multiple states regarding the permissibility of fees and charges assessed from origination through foreclosure. As a service to our clients and to make compliance easier, we develop and update comprehensive state law compliance manuals that cover procedures from onboarding to foreclosure sale requirements.