Auto Finance Attorney Marshall Bell att name

Marshall T. Bell

Counsel

  • p. 202.461.2997
  • f. 202.349.8080
  • mbell@buckleysandler.com

Biography

Marshall T. Bell is Counsel in the Washington, DC office of BuckleySandler LLP. Mr. Bell represents financial institutions throughout the United States on bank regulatory and consumer finance issues. He regularly advises both bank and non-bank financial services companies on a range of consumer financial services matters such as the regulation of auto finance, fair lending, Regulation Z, the Fair Credit Reporting Act, state retail installment sale laws, and debt collection. Mr. Bell represents clients in relation to regulatory examinations and in enforcement actions by the CFPB, Department of Justice, and state attorneys general. He also represents clients in financial services transactional matters, including providing advice regarding regulatory due diligence, risk mitigation, and obtaining any necessary regulatory approvals.

Mr. Bell’s recent representative matters include:

  • Representing multiple indirect auto creditors in connection with fair lending enforcement actions by the CFPB and/or the Department of Justice
  • Working with consumer finance companies to develop new credit products secured by vehicles or other personal property
  • Advising lessors of residential solar power systems regarding the application of Regulation M, the Consumer Leasing Act, and other consumer protection laws
  • Assisting a specialty finance company in connection with a CFPB examination
  • Advising private equity firms related to transactions involving financial services companies engaged in indirect auto finance, specialty finance, peer-to-peer lending, debt collection, and money transmission

Prior to joining BuckleySandler, Mr. Bell was in-house counsel for Ally Financial, providing advice regarding regulatory issues in connection with Ally’s auto finance operations and fair lending matters. Before going in-house, Mr. Bell was an associate at Weil, Gotshal & Manges LLP and Wilmer Cutler Pickering Hale and Dorr LLP, where his practice focused on financial services litigation, regulatory, and transactional matters.

Mr. Bell received his J.D. from the University of Michigan (magna cum laude, Order of the Coif) in 2003 and his B.S.C. from the University of Alabama (summa cum laude) in 2000.

Publications

The Uncertain Intersection: Section 301 of the CARD Act of 2009 and the Equal Credit Opportunity Act
Consumer Financial Services Law Report, September 2, 2009

Survey of Significant Consumer Privacy Litigation in the United States in 2008
The Business Lawyer, February 2009

Navigating Scylla and Charybdis: an Analysis of Retailer Issued Gift Cards and Money Transmitter Regulation
Journal of Payment Systems Law, June 2007

Countrywide Enters into Fair Lending Settlement with the New York State Attorney General
Consumer Financial Law Services Report, December 27, 2006

Significant Representations

  • Represented Washington Mutual Inc. (WMI) in connection with various litigation and regulatory matters arising from the seizure of Washington Mutual Bank and WMI’s Chapter 11 case.
  • Advised Advent International in the $1.811 billion acquisition of a 51% stake in the processing solutions business of Fifth Third Bancorp through the establishment of a joint venture that values the new company, Fifth Third Processing Solutions, LLC, at approximately $2.35 billion.
  • Successfully defended Movietickets.com against a claim that an email confirmation sent to customers following their on-line purchase violated Section 113 of the FACT Act. The result was a groundbreaking opinion that Section 113 does not apply to electronic transactions.
  • Advised Thomas H. Lee partners in is acquisition and comprehensive recapitalizations of MoneyGram, the nation’s second largest money transmitter.
  • Defended GE Money Bank against a claim arising out of a “prescreened” offer for a line of credit, which plaintiff contended was not a “firm offer of credit” under the Fair Credit Reporting Act. The court dismissed the complaint on the pleadings on the grounds that the FCRA does not require disclosure of the particular terms at issue, and the letter offer, on its face, had actual value.
  • Advised THL Partners and Fidelity National Financial, Inc. in connection with their $5.3 billion public-to-private acquisition of Ceridian Corporation.
  • Represented a student loan originator in an investigation by the Office of the Attorney General of New York regarding allegedly deceptive marketing and origination practices.