Consumer Financial Services
Bank and non-bank consumer lenders must contend with complex federal and state regulatory requirements, especially when selling add-on products. The uncertainty created by multiple legal regimes and regulatory bodies can make business decisions a challenge. With decades of experience in the consumer financial services industry, McIntyre & Lemon has the expertise clients need to mitigate regulatory and legal risks so they can confidently and decisively implement their business strategies.
Our clients include banks, small-dollar lenders, installment lenders, trade organizations, equipment lessors, auto finance companies, mortgage originators, and other consumer financial services providers. We have worked with these clients to address the following issues:
- Add-On Products—Counseling lenders on how and where they can sell add-on products.
- Marketing—Evaluating and reviewing marketing programs and vehicles to ensure regulatory compliance.
- Privacy & Information Sharing—Providing advice on privacy policies and information sharing arrangements.
- Government Relations—Engaging with legislators and regulators.
- Contracts—Advising lenders in the drafting of lending and service contracts, including debt protection agreements, joint marketing agreements, and service provider arrangements.
- Compliance & Risk Management Systems—Designing and reviewing regulatory compliance and risk management systems.
- Licensing—Identifying whether any licenses are required.
- Cybersecurity—Assisting companies navigate the complex new world of cybersecurity and information protection regulations.
In providing counsel, we routinely assist our clients in navigating the following federal laws and regulations and their state counterparts:
- Bank Secrecy Act (BSA)
- Dodd-Frank Act
- Electronic Funds Transfer Act (EFTA) and Regulation E
- Equal Credit Opportunity Act (ECOA) and Regulation B
- Fair Debt Collection Practices Act (FDCPA) and Regulation F
- Health Insurance Portability and Accountability Act (HIPAA)
- Military Lending Act (MLA)
- Privacy of Consumer Financial Information under the Gramm-Leach Bliley Act (GLBA), the Fair Credit Reporting Act (FCRA), and Regulations P and V
- Real Estate Settlement Procedures Act (RESPA) and Regulation X
- Truth in Lending Act (TILA) and Regulation Z
- Unfair, Deceptive or Abusive Acts or Practices (UDAAP)
- Servicemembers Civil Relief Act (SCRA)
- Telemarketing Sales Rule (TSR)
- Telephone Consumer Protection Act (TCPA)
For more information on how we can help you navigate your regulatory and compliance challenges, contact us.