Consumer Financial Services Enforcement and Litigation

Contact(s)

Cadwalader represents consumer financial services companies in enforcement and litigation, two areas that are vital to protecting their business.  Our clients include banks and non-bank financial services companies, including fintech companies, mortgage lenders and servicers, student loan servicers, and auto lenders. We also regularly represent companies that invest in, lend to, or otherwise provide financing to consumer financial services companies. Our team is led by a former Consumer Financial Protection Bureau (CFPB) official and includes a former general counsel of a fintech company, a former state Attorney General, and a former United States Attorney.

Our experience includes:

  • Representing banks and other consumer financial services companies in government investigations and enforcement actions by the CFPB, federal prudential banking regulators, the Federal Trade Commission, state financial regulators, and state attorneys general;
  • Representing clients in consumer class action litigation in connection with consumer financial products and consumer protection issues under federal and state law;
  • Developing pre-litigation strategies to respond to supervisory and enforcement inquiries by federal and state regulators, such as civil investigative demands, including developing business-centric advice to reduce exposure and resolve the inquiry without public action; and
  • Regularly advising secondary market participants on litigation and regulatory risk in connection with transactions involving consumer financial products and services.

Our enforcement and litigation practices are unique, benefiting from the cross-practice expertise of our top-flight transactional and regulatory teams, which  regularly advise bank and non-bank consumer financial services companies in corporate and capital markets transactions and financial services regulation. Clients in the consumer financial services industry regularly turn to us because of our collaborative team approach, deep expertise in all facets of this market, and ability to provide seamless, integrated service no matter the issue.

Litigation

  • Successfully represented large bank in resolving investigation by CFPB and related supervisory inquiry by the Office of the Comptroller of Currency (OCC)
  • Represented Structured Finance Association as amici in amicus brief submitted in CFPB v. National Collegiate Student Loan Trusts et al.
  • Represented Blue Flame Medical, a PPE supplier, successfully resolving investigations by the Maryland and D.C. attorneys general, Congress, and the Department of Justice (DOJ) in the wake of the COVID-19 pandemic
  • Secured an important victory for Anheuser-Busch when the Superior Court in Fresno, California denied a motion for class certification filed on behalf of hundreds of California retailers in a case alleging price discrimination
  • Represented a global toy retailer in successfully defeating consumer class actions alleging injuries associated with systemic delivery failures

Regulation

  • Advising on the impact of legislative and rule-making initiatives (in the U.S., this includes Dodd-Frank and related regulations and guidance promulgated by the CFPB, CFTC (Commodity Futures Trading Commission), SEC (Securities and Exchange Commission) and other implementing agencies), as they relate to bank operating practices
  • Advising multiple financial institutions on LIBOR transition
  • Advising a global travel and leisure company on its obligations to consumers and consumer regulators as a result of a data breach at a major service provider
  • Advising on regulatory issues arising from the interpretation or application of relevant legislation, including prudential regulation, consumer protection, privacy and data protection, anti-money laundering, economic sanctions, anti-corruption, and FATCA matters
  • Expertise interfacing with regulators having jurisdiction over consumer financial services companies, including OSFI, OCC, CFPB, FCAC, FINTRAC, FINCEN, privacy authorities, tax authorities (for FATCA compliance), and UK FCA and FSA, bank regulatory authorities in Hong Kong and Singapore

Corporate/Transactions

  • Combining deep experience and creativity to achieve our clients’ goals in transactional and advisory matters, including mergers and acquisitions, shareholder activism, takeover preparedness and defense, debt and equity finance, corporate governance and private equity, as well as in related disciplines critical to successfully consummating transactions
  • Performing due diligence on all aspects of corporate transactions and governance issues and providing strategic advice to mitigate risk to banks
  • Advising strategic parties and investors in a variety of corporate matters in the banking, specialty finance, fintech, insurance and asset management spaces
  • Our integrated corporate and highly ranked regulatory teams understand the strategic and structural mergers and acquisitions issues that financial institutions have faced since the financial crisis and will continue to face in the foreseeable future
  • Our clients include many of the largest, most complex and interconnected insurance companies, asset managers and banking groups, as well as hedge funds, private equity funds and institutional investors

Capital Markets

  • Widely recognized as the premier law firm in the global securitization industry, including RMBS, student loans, auto loans, credit cards, and payment systems
  • In-depth understanding of the fundamental building blocks that form the basis of consumer credit transactions, having acted as counsel to issuers, underwriters and note purchasers in term- and conduit-financed transactions with total issuances exceeding $40 billion
  • Advising clients on complex structured finance, securitization, and fund formation and finance in marketplace lending and fintech transactions
  • Creating innovative risk-retention financing and fund-formation solutions for loan originators, including representing major fintech originators in the structuring of warehouse securitization transactions involving private student loans and personal loans
  • Representing clients in connection with warehouse financings of consumer loans acquired from industry leading marketplace lenders
  • Representing a client in the bulk purchase of unsecured auto loans, consumer loans, and residential mortgage loans

NEWS

RESOURCES

12 Attorneys

Gansler, Douglas Partner Washington
T. +1 202 862 2300
Gavin, Chris Partner New York
T. +1 212 504 6760
Lee, Chad Associate Charlotte
T. +1 704 348 5113
Mann, Samuel Associate Charlotte
T. +1 704 348 5139
Meade, Daniel Partner Washington
T. +1 202 862 2294
Orth, James Associate New York
T. +1 212 504 6185
Rodman, Rachel Partner Washington
T. +1 202 862 2210
Shriver, Timbre Associate New York
T. +1 212 504 6377
Skutch, Sara Associate Washington
T. +1 202 862 2460
Tunstall, Mercedes Kelley Partner Washington
T. +1 202 862 2266
Watkins, Jonathan Partner Charlotte
T. +1 704 348 5129
New York
T. +1 212 504 6229
Wharton, Kendra L. Associate Washington
T. +1 202 862 2333

Contact(s)