Practice Areas & Industries: Husch Blackwell LLP

 




Consumer Financial Services Return to Practice Areas & Industries

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Practice/Industry Group Overview

The consumer finance world grows more complex each day, impacting a wider array of businesses more deeply. No longer encompassing just the representation of banks, thrifts, credit unions and non-depository lenders, we now work with collection agencies, consumer reporting agencies, third-party service providers and vendors, vehicle dealers, healthcare providers, merchants, utilities, telecoms and cable providers, to name just a few.

Our Consumer Financial Services practice group systemically addresses issues involving counseling on Dodd-Frank's Consumer Financial Protection Act, representation of banks in account class actions, responding to FTC civil investigative demands, establishing consumer lending programs, providing compliance advice on the regulatory "Alphabet Soup" and implementing "Red Flags" programs. We draw from and routinely work with specialized attorneys in other areas such as Litigation, Banking & Finance, Real Estate, Government Compliance, Investigations & Litigation, Governmental Affairs and Insolvency.

Prior to joining our practice, attorneys in our group held positions such as General Counsel and head of litigation of two of the largest U.S. banks, Chair of the Federal Trade Commission, Principal Deputy Attorney General in charge of national civil rights enforcement, including fair housing and banking laws, Unit Chief of the Consumer Protection Division of the Missouri Attorney General’s St. Louis office, and counsel for the U.S. House of Representatives Financial Services Committee.

Our team has extensive experience in the transactional, operational, compliance, regulatory and litigation aspects of the following:

Payment Systems

  • Electronic Funds Transfer and Check 21 Acts
  • Regulations E, J and CC
  • UCC Articles 3, 4 and 4A
  • Fair Credit Billing Act
  • Credit, gift and other stored value cards
  • Online and telephonic bill payment systems
  • Wire transfers, ATM, ACH and debit cards
  • Emerging electronic payment methods such as "near field communication" and deferred payment systems

Retail Operations

  • Truth in Savings and Electronic Funds Availability Acts
  • Regulations E and DD
  • Internet and mobile banking
  • Deposit, control and customer agreements, disclosures and notices
  • Overdraft lines of credit and overdraft programs
  • Federal garnishments and exemptions, advertising and marketing and federal subpoena and civil investigative demand response
  • State-specific issues including garnishments, levies, writs, subpoenas, account titling, account ownership, death/disability, powers of attorney and safe deposit boxes

Consumer Lending

  • Truth in Lending Act and Home Mortgage Disclosure Act
  • Equal Credit Opportunity Act, Community Reinvestment Act and fair lending
  • Credit CARD Act
  • Real Estate Settlement Procedures Act
  • Home Ownership and Equity Protection Act
  • Regulations B, C, M, Z and BB
  • Dodd-Frank Titles X and XIV
  • SAFE Act, registration and licensing
  • Advertising and marketing
  • Secured consumer credit
  • Leasing
  • E-commerce and internet lending
  • Credit cards, revolving credit and installment loans
  • Mortgage loans
  • Mortgage fraud and predatory lending
  • Securitization
  • Payday and title loans

Privacy, Data Security and Information Governance

  • Gramm Leach Bliley, Privacy Rule and Safeguards Rule
  • Fair Credit Reporting Act and Fair and Accurate Credit Transactions Act including "Red Flags"
  • Applicable Title 12 and Title 16 Federal Regulations
  • Right to Financial Privacy Act and state corollaries
  • The Patriot Act
  • E-SIGN Commerce Act
  • State and common law customer privacy
  • Information security threats and data breach counseling and response
  • Record retention and disposal, information collection and reporting

Federal Trade Commission and State Law Concerns

  • Unfair, deceptive and abusive acts and practices
  • State consumer financial protection laws and common law
  • False or deceptive advertising and marketing
  • Fair Debt Collection Practices Act and Telephone Consumer Protection Act
  • Civil investigative demands