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OVERVIEW

Consumer Financial Services and Litigation Open for Business

Many factors have led to historic changes in the consumer financial services industry, especially the rise of big data and related consumer complaints. The Consumer Financial Protection Bureau and other bank regulators are laser-focused on entities of all sizes. To thrive in this environment, businesses need legal counsel who can help make sense of legal and compliance issues, and advise them should litigation result.

Barnes & Thornburg offers practical advice and holistic strategic direction on legal and regulatory consumer issues in the areas of loan originations, servicing, bankruptcy, collections, default servicing, loss mitigation and vendor management – all at a reasonable cost. We add value to your business by helping you create a culture of compliance and establish sound risk management practices.

Our attorneys have deep in-house legal experience with some of the nation's largest financial institutions. As a result, we have a nuanced understanding of the inner workings of financial institutions, including the limitations imposed by operating systems and the impediments that can occasionally hinder the implementation of policies and procedures. Our attorneys also have experience guiding clients through remediation projects and negotiation of settlements with the Consumer Financial Protection Bureau, other regulators and government agencies. 

Consumer financial services litigation

When litigation looms, we are called on to defend mortgage servicers and lenders from claims made by consumer borrowers under various state deceptive practices statutes and federal laws, including the Unfair and Deceptive Acts and Practices statutes, Truth in Lending Act, Real Estate Settlement Procedures Act, Fair Debt Collections Practices Act (FDCPA), the Telephone Consumer Protection Act and the Fair Credit Reporting Act.

Much of our work involves defending credit card issuers from claims made by cardholders under state law and the FDCPA. We also defend financial institutions in state law premises liability, nuisance actions and landlord tenant disputes brought by consumers.

We also have represented national mortgage servicers and financial institutions in complex class actions and other litigation.

Knowledgeable perspective

In-house experience enables us to provide clients with valuable perspective when analyzing and resolving legal and regulatory issues. We understand the need to work collaboratively with your business as well as your in-house compliance and legal departments.

We also provide a national perspective because of the deep relationship network we have built throughout the country. We have close contacts nationwide and long-standing relationships with bank regulators, the United States Trustee Program and Chapter 13 Trustees.

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