Jenner & Block’s consumer finance lawyers combine deep industry knowledge, legal sophistication and broad experience with regulators in representing an array of consumer financial services companies in their most demanding and complex matters. Our work includes compliance counseling, supervisory and enforcement matters, internal investigations and class action and commercial litigation.
- Industry Knowledge. We are intimately familiar with our clients’ businesses and the challenges they face. We bring commitment to partnership and exemplary client service to every engagement. We counsel and litigate on issues ranging from origination and servicing to advertising and asset sales.
- Legal Sophistication. We handle cutting-edge issues regarding a panoply of laws, including ECOA, FCRA, TCPA, TILA, RESPA, FIRREA, UDAAP, the Bankruptcy Code, FAA, state usury and money transmitter laws, GLBA, EFTA and FDCPA.
- Experience with Regulators. We know the regulators who focus on consumer finance – including the CFPB, OCC, FTC and state regulators – and advise clients on avoiding regulatory issues or presenting positions effectively when enforcement actions arise.
- Technology and Data. We track and study the latest technologies and trends and we counsel our clients on cutting-edge issues including cybersecurity, artificial intelligence, data privacy and cryptocurrency.
We represent a range of consumer facing businesses – including large and small banks, FinCos, online lenders and others – in their most sophisticated matters. Our team includes lawyers who have served in senior in-house roles at major financial institutions, held positions at key government agencies and litigated significant matters across the country.
- Cyber / Data. We offer comprehensive counseling on privacy and data security matters facing consumer lenders. We perform audits of both policies and practices to ensure that consumer data is secured in accordance with the relevant legal standards. We also advise clients regarding data breaches and devise appropriate response and notification plans. We provide compliance counseling across the spectrum of privacy laws, including the Fair Credit Reporting Act (FCRA) and the Gramm-Leach-Bliley Act.
- Fair Lending. We conduct detailed audits of lending policies and practices to ensure compliance with all applicable federal and state fair lending requirements, including the Fair Housing Act (FHA), the Equal Credit Opportunity Act (ECOA) and the most up-to-date regulations and guidance issued by the Consumer Financial Protection Bureau (CFPB). Our reviews cover the use of artificial intelligence and big data in making credit extension decisions, as well as more traditional decision-making processes.
- Credit Reporting. We provide counseling to ensure that users, furnishers and credit reporting agencies comply with all aspects of the Fair Credit Reporting Act (FCRA). Tailoring each review to the client’s specific needs, we conduct audits of prescreening procedures, employee background screening, firm offers of credit, consumer notices and reporting accuracy.
- Enforcement. We assist clients facing enforcement actions by state and federal regulators, including the DOJ, FTC, SEC, CFPB and state attorneys general. Our lawyers have previous experience working at many of the relevant regulatory agencies, and they use their past experience to guide our clients through all phases of an enforcement action from the initial investigation to a negotiated resolution.
- Litigation. We have a deep bench of experienced litigators who can skillfully represent our clients in any type of litigation matter that they might face in court or arbitration. We have successfully defended our consumer finance clients in litigation matters, including class actions, related to residential mortgages, consumer credit, privacy and reporting issues and insurance.