Consumer Finance Law Blog : Washington D.C. Consumer Finance Lawyer & Attorney : Kelley Drye & Warren Law Firm : Financial Privacy & Security

Which among the following businesses are potentially subject to consumer financial services laws, rules, and regulations?

A. a retail clothing chain
B. a bank or mortgage company
C. an internet retailer
D. a fast food franchisor
E. all of the above

If you answered E, “All of the above,” you are CORRECT. However, many companies do not realize their businesses are subject to consumer financial services laws and, consequently, their businesses may not be compliant.

The focus of the Consumer Finance Law Blog is to keep – all on one site – "non-traditional financial service providers," such as retailers, potentially subject to consumer financial services laws abreast of recent developments in:

• State consumer protection statutes and regulations
• State privacy statutes
• Privacy and consumer protection litigation
• Card Association Rules
• Equal Credit Opportunity Act
• Electronic Funds Transfer Act
• Fair Credit Reporting Act
• Fair Credit Transactions Act
• Fair Debt Collection Practices Act
• Fair Housing Act
• Gramm Leach Bliley Act
• National Automated Clearing House Association Rules
• Payment Card Industry Data Security Standard
• State Money Transmitter Statutes
• State Retail Installment Sales Act
• State and Federal Unfair and Deceptive Trade Practices Acts
• TILA, RESPA, and related federal and state consumer disclosure and notice requirements

Kelley Drye & Warren LLP’s Consumer Financial Services practice and the editors of this Blog – Donna Wilson, Joel Hewer, and John McGuinness, with invaluable contributions from analyst Michael McGinn – welcome you and hope that you find our posts interesting, educational, and thought provoking. We also welcome your feedback and invite you to suggest topics or recent decisions of interest that you would like us to address.

The Consumer Finance Law Blog is edited by Donna L. Wilson, Joel E. Hewer, and John W. McGuinness, attorneys in Kelley Drye & Warren LLP's Washington D.C. office

Donna L. Wilson is a partner in Kelley Drye’s Washington, DC office. Her dynamic practice capitalizes on her extensive experience in litigation and counseling in the areas of Consumer Financial Services and Insurance Recovery. In representing clients, Donna successfully integrates her strengths as a litigator representing both plaintiffs and defendants in complex multi-party actions, knowledge of consumer financial services, and wide experience in mediation and arbitration. As co-chair of the Consumer Financial Services group, Donna leverages her dual experience in compliance counseling and litigation to advise on and resolve conflicts involving privacy and information security, fair credit (including federal claims under the FCRA, TILA, FHA, and ECOA), and state unfair and deceptive trade practices claims. Her clients in the financial services sector have included banks, mortgage companies, national retailers, telecommunications, and media companies, among others. As a founding partner of the Firm’s nationally-renowned Insurance Recovery practice, Donna assists corporate and individual policyholders in obtaining the insurance coverage to which they are entitled.

Practice Areas

• Consumer Financial Services
• Commercial Litigation
  • Consumer Class Action Defense
• Insurance Recovery

Professional Associations

• Co-Chair, Bankruptcy & Insolvency Subcommittee, Insurance Coverage Litigation Committee of the American Bar Association Section of Litigation
• Co-Founder and Co-Chair, Insurance Law Forum, Women's Bar Association of the District of Columbia

Education

• University of Virginia, JD, Order of the Coif , Member, Managing and Editorial Boards, Virginia Law Review
• George Washington University, BA

Bar Admissions

• District of Columbia
• California

Joel E. Hewer is a partner in the Washington, D.C. office of Kelley Drye & Warren. As co-chair of the Consumer Financial Services group, Joel leverages his experience in compliance, counseling, and regulator and consumer inquiries to add value for his clients on a wide range of financial services issues, including product sales and servicing, privacy and information security, fair credit (including FCRA, TILA, FHA, and ECOA), state unfair and deceptive trade practices claims, and merchant billing issues. Joel’s experience includes more than 17 years as in-house counsel to mortgage companies, finance companies and banks and financial service providers, advising on all aspects of developing, selling and servicing first and second loans, student loans, retail installment sales contracts, credit card and emerging payment products, with backend experience as well managing loan servicing, fair lending compliance, financial privacy and data security issues and secondary market sales. Joel also represents Fortune 500 companies including online and retail merchants, telecommunications and healthcare service providers, helping them navigate the complexities of rapidly expanding financial services laws including fair credit laws, state license requirements, fair debt collection practices acts, anti-money laundering statutes, and federal data security and consumer financial privacy standards.

Practice Areas

• Consumer Financial Services
• Advertising Law
  • New Media Marketing

Professional Associations

• Member of the ABA Section on Business Law
• Committee on Banking Law

Education

• Washington University in St. Louis, JD
• University of Hawaii, BA, with highest honors

Bar Admissions

• District of Columbia
• Texas
• Missouri
• Illinois

John W. McGuinness is a senior associate in Kelley Drye & Warren LLP's Washington, DC office. His diverse practice focuses on representing clients in all facets of complex commercial litigations, arbitrations and mediations and counseling in the areas of consumer financial services and insurance recovery.

As a member of the Consumer Financial Services group, John advises on matters and resolves disputes involving privacy and information security, fair credit (including federal claims under the FCRA, TILA, and FACTA), state consumer protection statutes and regulations, and state unfair and deceptive trade practices claims. John has represented retailers in a variety of nationwide and state-wide consumer class actions, including consumer class actions under the California Unfair Competition Law (Business & Professions Code §§ 17200 et seq. & 17500 et seq.), and Civil Code section 1747.08 of the Song-Beverly Credit Card Act (collection of personal information in a credit card transaction).

John also has extensive experience representing companies in a wide variety of general and complex business disputes, including cases involving claims for breach of contract, negligence, fraud, and veil piercing in various federal and state courts. He also represents clients in employment and telecommunications matters, and in federal and state appeals.

In the insurance recovery area, John represents individuals and corporate policyholders in securing insurance coverage, and counsels clients in matters involving, among other things, coverage for mass tort and directors and officers liability.

Practice Areas

• Commercial Litigation
  • Consumer Class Action Defense
• Consumer Financial Services
• Insurance Recovery

Education

• New York University, JD, 1999, Editor, Environmental Law Journal
• New York University, BA, magna cum laude, 1995

Bar Admissions

• New York, 2000
• District of Columbia, 2008
• United States District Court for the Southern District of New York, 2002
• United States District Court for the Eastern District of New York, 2004
• First and Second Circuit Courts of Appeal, 2006