Buchalter’s Consumer Financial Services and Mortgage Regulatory team is a nationally recognized leader providing banks, credit unions, savings associations, and non-bank consumer financial service providers, including FinTechs, with expertise in the full range of consumer financial services regulatory and litigation issues. Our attorneys are well experienced with advising clients on the entire range of consumer finance regulatory processes. We also have attorneys who have held senior executive legal positions in financial institutions, mortgage lenders, and government regulatory agencies.
This range of experience enables Buchalter to assist consumer financial service providers with their Federal and state legal and regulatory needs, including consumer financial services and products legal requirements, litigation, compliance and risk management needs, contracting, and keep them up-to-date on all regulatory developments. This industry-leading expertise in consumer financial services and mortgages includes:
Regulatory and Licensing
- Federal and state regulatory requirements for all consumer financial services providers in regard to all consumer financial services products and issues, including CRA, ECOA and other fair lending statutes, fair banking, FDPA, FCRA, FDCPA (state and federal), FHA, HMDA, MLA, RESPA, SAFE Act, SCRA, TILA (including TRID), and UDAP/UDAAP, and any implementing regulations, and any state laws applicable to consumer financial services.
- Interactions with Federal and state consumer financial services regulators, including managing examinations and investigations and developing regulatory remedial action plans.
- Consumer financial services regulatory filings and reporting.
- Consumer financial services compliance and risk management, including licensing and policies and procedures, federal and state surveys, and regulatory impacts on mergers, acquisitions, and investments involving consumer financial services companies and products.
- Consumer financial services operational regulatory management, including vendor contracts and management, new product development, and implementation of new laws and rules.
Consumer Financial Services Litigation and Administrative Enforcement Actions
- Recognized for our handling of sophisticated litigation, class actions and administrative enforcement actions in all areas of federal consumer financial services law, including RESPA, TILA, TRID, Fair Lending, TCPA, FCRA, and FDCPA.
- Successful litigation of equivalent state consumer financial services issues, including California HBOR, California Business & Professions Code 17200, state law debt collection practices acts, state unfair practices acts, etc.
- Nationally recognized experts in in title insurance claims litigation and escrow/closing litigation.
Consumer Financial Services Data Privacy and Security Issues
- Privacy and cybersecurity breaches and oversight.
- Gramm-Leach-Bliley Act (GLBA).
- California Consumer Privacy Act of 2018 (CCPA), California Privacy Rights Act of 2020 (CPRA) and California Financial Information Privacy Act of 2003 (CFIPA).
- The CFPB’s upcoming “Consumer Access to Financial Records” rulemaking.
- Equivalent privacy rules in other state.