Consumer Finance
Given our focus on litigation, enforcement and regulatory actions, BuckleySandler has developed a comprehensive knowledge of the underlying products, statutes and regulations, and regulatory agencies impacting consumer finance products. Whether helping a client launch a new credit product, reviewing existing polices and procedures with an eye towards mitigating risk, or mounting a fierce defense against litigation or an enforcement action, BuckleySandler brings decades of experience and more than 150 financial services attorneys to bear in advocating for our clients on consumer finance matters.
We regularly advise clients on legal issues arising across the entire spectrum of consumer lending products including:
- Mortgage lending
- Credit card lending
- Retail installment sales contracts
- Other unsecured closed-end loans and lines of credit
- Personal property loans and leases
- Small business credit products
- Online credit products
We assist with fundamental issues such as:
- Obtaining licensing and authority to lend, broker, service, or collect
- Establishing loan servicing, collections and enforcement policies and procedures
- Drafting model loan and lease agreements
- Conducting compliance audits and due diligence reviews
- Complying with state and federal laws including:
- Dodd-Frank Act
- Truth in Lending Act and Regulation Z
- Home Ownership and Equity Protection Act
- RESPA and Regulation X
- ECOA and Regulation B
- Home Mortgage Disclosure Act and Regulation C
- Consumer Leasing Act and Regulation M
- Fair Credit Reporting Act
- Fair Debt Collection Practices Act
- Truth-in-Savings Act and Regulation DD
- Electronic Funds and Transfer Act and Regulation E
- E-Sign and Uniform Electronic Transactions Act
- Implementing Internet-based credit programs such as computer loan origination systems, mortgage lead generators and online consumer lending platforms
- Understanding and complying with regulatory requirements involving marketing, advertising, telemarketing and other aspects of unfair and deceptive acts and practices laws
- Various state laws governing privacy and telemarketing, predatory lending, unfair and deceptive practices, usury, licensing, etc.
- Mortgage Lender and Mortgage Broker Statutes
- Other related consumer lending laws and regulations
- Implementing Internet-based credit programs such as computer loan origination systems, mortgage lead generators and online consumer lending platforms
- Understanding and complying with regulatory requirements involving marketing, advertising, telemarketing and other aspects of unfair and deceptive acts and practices laws
As one of the largest financial services law firms in the country, BuckleySandler is well-positioned to handle our clients most important consumer finance matters across a wide spectrum of litigation, enforcement and regulatory matters.