BackFinancial Services Solutions

The Nelson Mullins Financial Services Solutions team brings creative approaches to each matter for every client.  The team’s strength is tackling difficult problems in a hostile climate for financial institutions.  The orientation for each representation, whether litigation or investigation, is toward finding a solution to ensure that business interests and reputation are protected. 

Members of the Financial Services Solutions team are national or regional counsel for lenders, financial services providers, and financial services vendors.  Our professionals know the financial marketplace and practices well, and this critical knowledge base enables us to give strategic advice, develop effective defensive strategies, and coordinate case plans across a large footprint.  We value consistency, efficiency, and communication—three keys to successful case management and to the development of deep working relationships with our clients. 

Our litigation experience spans the spectrum of federal and state consumer protection claims, individual and class litigation, disputes in the bankruptcy courts, and regulatory investigations and enforcement actions at the federal and state level.

The Financial Services Solutions team members have collective experience in the following:

  • Coordinating defense of state attorney general investigations;
  • Coordinating responses to investigative demands by state financial regulatory boards;
  • Responding to CIDs and consumer complaints involving the Consumer Financial Protection Bureau (CFPB);
  • Defending consumer class action claims in state and federal courts nationwide on a variety of statutory claims and other financial products issues;
  • Defending consumer claims arising under federal law, including TCPA, FDCPA, and RESPA, in cases of first impression in several jurisdictions;
  • Investigating and defending claims of fraud in financial transactions by consumers and businesses;
  • Defending unauthorized practice of law claims for tech-focused companies and online lending companies;
  • Defending claims of regulatory violations and accusations of unregulated, “shadow” banking practices in peer-to-peer lending;
  • Addressing data breach, privacy, and trade secrets protections on urgent timetables with numerous affected parties; and
  • Crafting going-forward solutions to address systematic or recurring issues.

Our Firm is devoted to building relationships and providing client-focused solutions.  We appreciate the opportunity to discuss how our experiences and resources can help you.

AN OVERVIEW

How is Nelson Mullins Different?

  • Coordination. Our client-first commitment and our team-oriented service model are based on responsible client-counsel coordination and simplifying contacts and the management of matters.           
  • Cost Efficient.  We strive to have a lower cost infrastructure than many of our competitors, and when appropriate, we utilize technology to deliver efficient and cost-effective legal services including legal project management and knowledge management systems.
  • Corporate Experience.  Many of our attorneys have in-house experience, which gives us an understanding of corporate culture and experience that extends beyond the private practice of law.
  • Alternative Fees. We deliver alternative and flexible fee structures when  appropriate. In 2015, approximately 33 percent of all firm fees were based on alternative fee structures.

Federal Statutes

  • Civil Rights Acts
  • Credit Repair Organizations Act
  • Electronic Funds Transfers Act (EFTA)
  • Equal Credit Opportunity Act (ECOA)
  • Fair Credit Reporting Act (FCRA) and Fair and Accurate Credit Transactions Act (FACTA)
  • Fair Debt Collection Practices Act (FDCPA)
  • Fair Housing Act
  • Federal Arbitration Act (FAA)
  • Federal Home Loan Bank Act and OTS Regulation
  • Federal Trade Commission Act (FTC)
  • Gramm Leach Bliley Act/Consumer Privacy
  • Home Mortgage Disclosure Act (HMDA)
  • Home Owners' Loan Act
  • Home Ownership and Equity Protection Act (HOEPA)
  • National Bank Act and OCC Regulation [relevant to national bank preemption and exportation]
  • Racketeering Influenced Corrupt Organizations Act (RICO)
  • Real Estate Settlement Procedures Act (RESPA) and Regulation X
  • Sarbanes-Oxley Act
  • Telephone Consumer Protection Act (TCPA)
  • Truth in Lending Act (TILA) and Regulation Z
  • TILA-RESPA Integrated Disclosure Rule (TRID)

State Statutes

  • Anti-Predatory Lending/Servicing Statutes
  • Consumer Protection Code Provisions
  • Credit Insurance Statutes
  • Debt Adjusting Acts
  • Fraudulent Transfers Acts
  • High Cost Loan Acts
  • Mortgage Lending/Servicing Regulations
  • Unauthorized Practice of Law
  • Unfair or Deceptive Trade Practices Acts
  • Uniform Commercial Code
  • Usury Statutes