backRegulatory & Enforcement
Represented financial institutions in numerous CFPB supervisory and enforcement engagements concerning deposits, P2P payments, overdraft practices, credit cards, credit reporting, small-dollar lending, remittances, auto lending, mortgage servicing and prepaid cards.
Represented a national financial services client in connection with CFPB enforcement investigation concerning the marketing and terms of use of debit cards.
Represented a leading fintech company in a CFPB investigation.
Led an extensive internal investigation and representing a large foreign bank before the FRB and NYDFS concerning Regulation W compliance issues.
Acted as third-party independent reviewer in connection with large bank CFPB consent order implementation.
Successfully represented a large auto lender in a DOJ and CFPB investigation and negotiating a favorable settlement relating to fair lending practices.
Advised a large foreign bank in responding to a multi-state attorneys general investigation of its auto lending and securitization practices.
Represented a financing company in connection with CFPB enforcement investigation; representation included obtaining a judgment declaring the Bureau and its enabling statute unconstitutional.
Litigation
Filed an amicus brief before the United States Court of Appeals for the District of Columbia Circuit, sitting en banc, on behalf of a hedge fund regarding the constitutionality of the CFPB’s structure.
Obtained dismissal of a putative class action asserting against a credit card issuer based on alleged violations of the Truth in Lending Act.
Represented large financial institution in connection with consumer class-action litigation concerning forfeiture of credit card rewards points.
Defending a leading consumer reporting agency in its entire portfolio of FCRA class action litigation.
Representing a large financial institution in connection with all merchant and consumer antitrust litigation concerning the setting of payment card interchange fees.
Represented large financial institution in connection with consumer class-action litigation concerning overdraft fees and transaction posting order.
Represented large financial institution in connection with consumer class-action litigation arising out of credit-card APR repricing.
Defended a large bank in putative class action alleging consumer fraud, breach of contract, and usury claims relating to the bank’s overdraft and item processing policies.
Representing a multinational consumer credit reporting agency in a novel CARES Act-related nationwide class action over allegations it inaccurately reported information regarding student loan payments impacted by the act.
Defended numerous banks in putative class actions alleging violations of the ATM fee notice requirements of the federal Electronic Funds Transfer Act.