Consumer Finance

The attorneys in Katten’s Consumer Finance Practice are considered to be leading lawyers within the consumer finance industry. With extensive experience in consumer protection, corporate, banking, regulatory and tax law, we help clients develop strategies to avoid regulatory and class action litigation, and where such litigation arises, assist in its successful resolution.

Organization, Licensing and Product Development

Our attorneys have a real understanding of the regulations and consumer protection laws that affect consumer lenders in today’s market, and we help our clients navigate the state and federal regulatory framework that surrounds them. We have been at the forefront in assisting clients in the development of consumer financial products and in bringing multiple innovative services to market. We represent all manner of consumer lenders and their related servicers (such as loan marketers), including the following:

• Installment lenders
• Payday lenders
• Check cashers
• Credit Services Organizations (CSOs)
• State- and federally-chartered banks
• Credit card issuers
• Auto lenders
• Lead providers
• Risk assessment/identity verification providers
• Credit reporting agencies

Litigation and Regulatory Representation

In addition to helping our clients in the formation of their businesses and the drafting of their consumer agreements, we defend clients in state and federal, private and regulatory lawsuits and class actions. Moreover, we work with clients to avoid such litigation through the drafting of consumer-friendly agreements. With each new matter, we collaborate with the client to determine the unique strategic course that best suits its needs. We represent clients in litigation that includes the following:

• State regulatory actions (attorneys general and banking agencies)
• Federal regulatory actions before the FTC, OCC, FDIC and OTS
• Class actions
• Unfair and deceptive trade practices
• FDCPA, ECOA and TILA matters
• Interest rate “exportation” cases
• Jurisdiction over internet loans

In addition to regular trial work in federal and state courts, corporate counseling and transactional work, the attorneys in our Consumer Finance Practice are frequent lecturers at industry seminars and business conferences; have served as adjunct professors at some of the nation’s top law schools; and have authored articles concerning this area of law.