Bradley has represented and defended debt collectors and other companies in matters associated with the federal Fair Debt Collection Practices Act (FDCPA) and related state statutes. Our clients range from debt collectors, debt buyers, and banks to creditors and loan servicers, including those involved with individual and class action cases. We advise regarding many types of alleged violations, such as disclosure of identity and debt; harassment; misrepresentations in affidavits, character, or legal status of debt; discrepancies in collection amounts; collections with respect to bankruptcy; and threats of illegal action.
Bradley advises clients with regard to the cost-savings of P2P lending and loan originations, which connect borrowers directly with investors or lenders. We handle matters for P2P lending related to credit card refinancing, the consumer lending market (including student loans and small businesses), and mortgages.
Our licensing practice also assists our Approval, Compliance & Enforcement Support HUD, FHA & GNMA Matters team. You can read more about our work in that area here.
Bradley handles licensing for a variety of credit products, such as home, consumer, commercial, and automobile loans. Our clients include large and small financial institutions, ranging from mortgage lenders, brokers, and servicers to secondary market investors; state- and federally chartered banks; real estate brokers; and consumer finance companies.
We closely monitor federal and state laws and regulations, including the Secure and Fair Enforcement for Mortgage Licensing Act (SAFE Act), Truth in Lending Act (TILA), FDCPA, and Regulations G and H of the Consumer Financial Protection Bureau (CFPB). For licensing-related projects, we assist with:
We handle matters in which the bank holding company also engages in real property management or real estate brokerage. These are complex legal issues, given that Title I of the Dodd-Frank Act dictates that a company engaged in asset management may be predominantly engaged in financial activities even if it conducts business as a real estate broker business. We also advise clients on the terms of the Bank Holding Company Act of 1956 (BHC Act), which restricts a bank holding company from activities related to the development of property for which it is arranging commercial real estate equity financing.
Bradley advises clients in connection with student debt, an area coming under increasing regulatory scrutiny. For example, we have helped our clients analyze and understand the CFPB’s report on student loan servicing, as well as applicable regulatory oversight of the Department of the Treasury and the Department of Education. With regards to companies offering student lending, we assist with fundamental issues such as:
Bradley’s consumer finance attorneys also support student-lending clients with matters involving litigation, regulatory issues, and enforcement.
We counsel a broad range of banks, money transmitters, payment processors, and other types of financial services clients across the United States. We provide highly skilled guidance to licensed money transmitters and other types of money services businesses in seeking state licenses, addressing regulatory and examination issues, resolving enforcement actions, and processing change in control filings (both notices and applications). Our cross disciplinary licensing team has cybersecurity and privacy, consumer protection, and other compliance experience that helps clients navigate complex state licensing requirements.