About This Site

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. Consequently, their businesses may not be compliant and may be subject to litigation risk.

The focus of the Consumer Finance Law Blog is to keep – all on one site – traditional and non-traditional financial service providers 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
  • 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
  • Insurance coverage issues
  • Legislation that may impact company compliance or create new litigation risk.

We 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.

About the Editors

The Consumer Finance Law Blog is edited by John M. Callagy, attorney at Kelley Drye & Warren LLP.

About John M. Callagy

John M. Callagy is chairman of Kelley Drye & Warren and practices primarily in the firm’s New York office. He represents clients on virtually all legal issues affecting large international enterprises.

Mr. Callagy’s experience includes consumer class action defense, and counseling and litigating on behalf of U.S. and European corporate clients in connection with investigations, securities law issues, antitrust, complex contract matters, insolvency, unfair competition, indemnity insurance coverage, product liability, intellectual property, environmental law, ERISA and pension, and labor and personnel matters.
 

About the Authors

Stephen R. Freeland is an associate in Kelley Drye's Washington, DC office. Mr. Freeland has served as litigation counsel to major consumer product and service companies, banks, companies in the telecommunications sector, and industrial companies in consumer class action litigation, false advertising, antitrust, intellectual property, breach of contract, business tort, and insurance recovery. His primary focus in class action litigation has been on defending banks, commercial retailers, and internet advertising companies in cases involving privacy, consumer protection, commercial debt cancellation, breach of warranty, and consumer protection claims.

Christie L. Grymes is a partner in the Advertising and Marketing practice and serves as chair of the firm's Consumer Product Safety practice. She focuses on consumer protection matters, including advertising, product safety, competitor challenges, promotions and privacy. She counsels clients on all aspects of regulatory compliance, with a focus on statutes and regulations enforced by the FTC, CPSC, and state Attorneys General.

Lee Istrail is an associate in Kelley Drye’s Washington, DC office. His practice focuses on matters involving antitrust, consumer protection, and advertising issues. Prior to joining Kelley Drye, Mr. Istrail clerked in the Office of Policy Planning at the Federal Trade Commission, where he conducted statutory interpretation and quantitative analysis regarding state predatory lending laws. Mr. Istrail also worked at the Federal Reserve Bank of Boston, where he analyzed issues relating to lending to consumers and businesses, and analyzed complaints of predatory lending and race and income-based discrimination in lending.

William C. MacLeod has more than 25 years of experience representing clients in advertising, antitrust and intellectual property disputes before the state and federal courts, the FTC and the NAD. His notable cases include monopolization and conspiracy claims, the FTC's first unfairness trial in 20 years, and the FTC's first preliminary injunction action in an ad substantiation case. Prior to joining Kelley Drye, he served as director of the Bureau of Consumer Protection at the Federal Trade Commission.

Lauri Mazzuchetti is a partner in Kelley Drye's Parsippany office. She focuses her practice on commercial litigation, consumer-oriented class action defense and employment litigation, including defense of discrimination, breach of contract and related claims. Ms. Mazzuchetti represents telecommunications carriers in consumer and common law fraud class action cases in federal and state courts in a multitude of jurisdictions, and defends other consumer-oriented class action claims. She also represents clients in commercial and employment litigation in federal and state courts, both at the trial and appellate levels.

Kristin A. McPartland is an associate in the Advertising and Marketing practice and focuses on consumer protection matters, including advertising and privacy and information security. She counsels clients regarding state and federal consumer protection laws and regulations as well as all aspects of regulatory compliance with the FTC. She also represents clients involved in FTC, state and private investigations and litigation involving advertising claims. Ms. Hird has a particular focus on privacy and data security, deceptive practices, and electronic commerce matters that affect financial institutions, including banks, credit unions and credit card issuers.

James M. Moriarty is an attorney in Kelley Drye's litigation practice group in the firm's Stamford, Connecticut office. Mr. Moriarty represents individuals and corporations in the prosecution and defense of complex civil litigation in both state and federal court, involving a broad spectrum of legal issues. He also regularly represents clients in alternative dispute resolution fora, including Financial Industry Regulatory Authority ("FINRA") arbitrations.

James E. Nealon is a partner in Kelley Drye's Stamford, Connecticut office. His practice focuses on civil litigation, primarily commercial litigation and arbitration involving contract claims, unfair trade practices and unfair competition claims, franchise disputes, class action defense, bankruptcy, employment, antitrust and intellectual property litigation, and defending claims and regulatory investigations brought against financial institutions and broker-dealer firms in the securities industry.

Kevin J. Smith is Special Counsel in Kelley Drye's litigation practice group in the firm's New York office. Mr. Smith's litigation practice focuses on class action and complex civil litigation matters including employment, commercial and securities disputes in federal and state courts. His clients range from those within the financial services and insurance industry to multi-national information technology companies.

Yasmin Tavakoli practices intellectual property and advertising law at Kelley Drye's offices in Washington, D.C. Ms. Tavakoli's advertising and marketing experience includes reviewing gift card and loyalty programs across a variety of industries , including retail, and advising on federal and state law compliance issues. Her practice also includes managing and protecting client's brands and intellectual property rights in connection with their advertising, media, licensing, and promotional activities.

Joseph D. Wilson is an attorney in the firm’s Washington, D.C. office. His practice focuses on business litigation in federal and state courts. He regularly practices in the United States District Court for the Eastern District of Virginia, Alexandria division. Known as the “Rocket Docket,” that court is one of the fastest moving federal courts in the country and has unique local rules and practices. Mr. Wilson has represented businesses across various industries in a variety of disputes, including consumer class actions.