Practice Areas & Industries: Hunton & Williams LLP

Practice/Industry Group Overview

Hunton & Williams lawyers have advised clients for a number of years regarding compliance with federal consumer protection and disclosure laws including the Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, Title V of the Gramm-Leach-Bliley Act, the Real Estate Settlement Procedures Act and trade regulation rules adopted by the Federal Trade Commission.

In addition to these federal laws, the firm has advised clients on state consumer laws and practices of almost all states. This advice includes matters such as 50-state surveys of licensing requirements, interest and other permitted charges, disclosure and reporting requirements, remedies in the event of default, debt collection, privacy and home solicitation sales. We assist other lawyers in advising their clients on their credit programs and documents to ensure compliance with state law when they enter one of the states where the firm has an office. This generally includes advice on what charges are permitted, whether the forms comply with state law, whether special disclosures are required, whether the clients are required to qualify to do business or obtain licenses and whether they will be required to pay state and local taxes.

Services Available

We have met on a regular basis over the years with representatives of federal and state agencies to assist clients in their efforts to comply with federal and state laws affecting consumer transactions. We represent clients when they need assistance in obtaining licenses or have become involved in disputes with these agencies.

The firm has also represented clients in litigating consumer claims on both a trial and appellate level. We have defended clients in litigation where consumer credit law violations were alleged. We have represented financial institutions named as defendants in class action suits in which the allegations included claims asserting violations of the Truth in Lending Act, the Real Estate Settlement Procedures Act, the Racketeer Influenced Corrupt Organizations Act (RICO) and other usury and consumer protection laws.

Firm lawyers have also advised creditors on compliance with consumer law issues attendant to doing business online. We have represented both Internet start-up companies and traditional "brick and mortar"lenders branching out into the world of e-commerce in developing business plans and disclosures which comply with federal and state consumer protection laws.The focus of our consumer law work has been to represent extenders of consumer credit rather than consumers. The firm routinely reviews and prepares forms and procedures for such clients, including notes, installment sale agreements, deeds of trust, security agreements, disclosure statements, monthly billing statements and other documents required by federal and state laws. We have worked extensively on such matters as credit card operations; revolving credit plans; direct secured and unsecured loans; sales finance programs involving vehicles, mobile homes and boats; small loans made by consumer finance companies; home equity loans and lines of credit; purchase money mortgage loans, including both conventional and a variety of variable rate loans; subordinate mortgage loans; and home improvement loans. The firm represents a number of sellers of goods and services, including motor vehicle, furniture and home improvement dealers. We have also defended claims involving the Uniform Commercial Code and the sale of allegedly defective products. We have acted as counsel to state trade associations and have assisted in lobbying on matters concerning consumer credit

Firm lawyers have been active in the Consumer Financial Services Committee of the ABA Section on Business Law and have served as members of various Subcommittees, including Truth in Lending, Equal Credit Opportunity, Housing Financing, Interstate Delivery of Financial Services and Interest Rate Regulation. Firm lawyers have participated regularly in Bar Association programs and have lectured on numerous matters relating to consumer financial services.