Professional Experience
Mr. Washburn advises a broad range of depository institutions and nonbanks regarding compliance with consumer financial protection laws. The primary focus of his practice currently is advising clients regarding the Bureau of Consumer Financial Protection (CFPB) created by the Dodd-Frank Act, including with respect to proposed and final regulations and guidelines issued by the CFPB.
Mr. Washburn represents traditional consumer financial service providers, such as banks, savings associations, mortgage companies and finance companies. More recently, much of his work has involved representing nonfinancial institutions that are finding themselves within the reach of expanding consumer financial protection regulation, including telecommunications companies, retailers and direct marketers, and technology start-ups and their investors.
Areas of particular expertise include all forms of consumer credit, such as mortgages; credit, debit and prepaid cards; and mobile payments and mobile banking. Federal laws with respect to which Mr. Washburn frequently advises clients include the Dodd Frank Act, the Truth in Lending Act, GLBA privacy rules, the Fair Credit Reporting Act, ESIGN and Regulation E, RESPA, the Fair Debt Collection Practices Act, and Regulation B and other fair lending rules. Mr. Washburn also advises clients with regional or nationwide operations regarding state laws that impact on their operations, including state lender licensing, usury, disclosure and privacy laws.
Mr. Washburn represents financial institutions and nonbanks in connection with regulatory agency matters, including responses to and negotiation of the terms of administrative enforcement actions, such as cease and desist orders, civil money penalties, and agency-ordered restitution under the Truth in Lending Act.
In addition to his financial services work, Mr. Washburn also provides guidance with respect to general commercial law and assists in the negotiation of materials supply, manufacturing, including OEM, and other business agreements for manufacturers, suppliers, distributors and other business enterprises.
Mr. Washburn is a frequent speaker to trade groups regarding new developments in consumer financial protection laws. He has also participated in several panels with representatives of federal and state agencies regarding regulatory developments, and he regularly interfaces with staff attorneys and other representatives of the CFPB, the FTC, and federal and state banking agencies.
Mr. Washburn is co-chair of the firm's Consumer Financial Services Practice Group.
Memberships & Activities
Admitted to practice in California.
Past member, California State Bar Financial Institutions Committee.
Honors & Awards
Mr. Washburn was selected by his peers to be listed in The Best Lawyers in America for over ten years.