“We are helping our clients navigate the ever-changing alphabet soup that is consumer finance regulation. From ECOA to TILA, we have our client’s needs covered.”
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Who We Are
Our Consumer Finance team comprises a top group of attorneys focused exclusively on consumer regulatory compliance and litigation, representing consumer finance matters in Virginia, North Carolina, Maryland, and the District of Columbia. We regularly advise clients on fair lending, UDAAP, and regulatory and compliance matters involving the CFPB, FTC, DOJ, and federal and state agencies. We are regional leaders with a national reputation, frequently speaking at industry events, including the Mortgage Bankers Association’s regulatory and litigation conferences and the American Conference Institute’s annual consumer finance, class action, and residential mortgage conferences.
We have experience in consumer finance – from advertising and disclosures to record retention and fees. And we are regularly involved in banking and consumer finance regulation and litigation. We know there are hurdles along the way, so we work with our clients and develop practical solutions to handle issues and disputes effectively to meet their business objectives.
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How We Help
Our team works collaboratively. We listen, and we work to connect our clients with the best resources available. We navigate the constantly changing landscape of consumer finance. Using our understanding of the regulations, we consult and tutor clients on what they need to know and give them the tools to assess risk and achieve goals. Whether at the state or federal level, we understand the regulations that govern the consumer finance industry and interpret industry guidance (or lack thereof) to predict the impact of the shifting political winds.
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Who We Represent
Our team works with in-house counsel and compliance officers to identify risks, find realistic solutions, and work to achieve solid results. We represent clients from various areas of the consumer finance sector and have a long track record working with:
- Asset Recovery Specialists
- Bankruptcy litigation
- Card Issuers
- Class actions related to residential mortgage origination, servicing, and default
- Collection Agencies
- Community Banks
- Consent orders
- Consumer disputes
- Credit Unions
- Counseling on regulatory obligations (ECOA, RESPA, TILA, UDAAP, SCRA, FCRA, etc.)
- Fair Lending and UDAAP claims
- Fiduciary-related claims
- Furnishers of credit, debt buyers, and holders
- Loan Servicers
- Mortgage Companies
- National and Regional Banks, and
- Secured and Unsecured Lenders.
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Representative Matters
- Represent lenders, servicers and investors in mortgage litigation and class actions related to issues arising under consumer foreclosure disputes (including HAMP, HARP and MHA programs), alleged fraudulent mortgages, loan documentation and servicing issues, FHA and VA requirements, predatory lending, MERS and assignment issues and claims brought pursuant to TILA, HOEPA, RESPA
- Advise clients on compliance issues related to FHA, VA, FCRA, FDCPA, ECOA, Reg B, TILA, HMDA, RESPA, TCPA, SCRA, fair lending and UDAAP, among others
- Assist and advise clients facing inquiries and investigations involving CFPB, DOJ and other federal and state agencies
- Represent banks, lenders (home loan, auto, card, etc.), mortgage servicers, online lenders, third party vendors, data brokers and background screening companies in consumer disputes and claims made under FDCPA, FCRA, SCRA, TCPA, unfair and deceptive trade practices, debt collection violations, identity theft, privacy issues, bankruptcy and fiduciary-related claims
- Advise lenders, brokers, servicers and other settlement service providers, including counseling clients on state and federal regulatory compliance obligations, including licensing fees, record retention, advertising obligations and restrictions, disclosure requirements and anti-predatory lending laws
- Represent creditors in state and federal criminal forfeiture proceedings
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Press And Publication
- Consumer Finance Client Alert – CFPB Proposes New Rule on Overdraft Practices
- Consumer Finance Client Alert – CFPB Issues Report on Overdraft and NSF Fees
- K&C Client Alert – Corporate Transparency Act
- Credit Union Client Alert – NC Process for Settlement of a Putative Class Action Dispute
- Credit Union Client Alert – The New Abusiveness Framework
- Consumer Finance Client Alert – November 2022
- Zelle Fraud Reimbursement Demands on Banks and Credit Unions
- Credit Union/Consumer Finance Client Alert
- Consumer Finance Client Alert – June 2021
- Consumer Finance Client Alert – Borrowers Warned in Foreclosure Challenges to “Show Me the Money,” Alleging Reinstatement Capacity or Risk Suit Dismissal and Inability to Set Foreclosure Aside
- Consumer Finance Client Alert – December 2018
- Adverse Action Notices: ECOA and FCRA
- S.A.F.E. Act: The Secure and Fair Enforcement for Mortgage Licensing Act of 2008
- Consumer Finance Alert – July 2018
- Kaufman & Canoles Named to 2018 Edition of US News – Best Lawyers “Best Law Firms”
- Debt Collectors Under The Fair Debt Collection Practices Act
- When the Bureau Bites: Congested Litigation with the CFPB
Consumer Finance Attorneys
Consumer Finance Chair
Frank A. Hirsch, Jr.