Government Investigations, Examinations and Enforcement
Lawyers in Hudson Cook, LLP's Government Investigations, Examinations, and Enforcement practice area defend consumer financial services companies and others facing government scrutiny. These lawyers have decades of cumulative experience as private practitioners, in-house counsel, and counsel for federal agencies - including the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), and Department of Education (DOE). We also represent clients in state attorney general and other state regulator investigations, examinations, and other inquiries, supported by the extensive knowledge and experience of attorneys in our nationwide state law compliance practice.
Investigations
We have represented clients in hundreds of government investigations. Our experience in state and federal consumer financial services regulation—and our familiarity with state and federal regulatory agencies—help us resolve government actions efficiently and effectively. Representative engagements include:
- CFPB investigations involving mortgage advertising, money transfers, debit cards, and installment lending closed with no action
- FTC investigations involving online lead generation and installment lending closed with no action
- State AG investigations involving installment lending, auto lending, and state licensing requirements closed with no action
Enforcement
Enforcement actions, including litigation and administrative proceedings, arise when a supervisory or investigative matter cannot be resolved informally. We defend clients through the lifespan of the enforcement process, working with them through settlement negotiations, litigation, and appeals, and otherwise advocating for their interests. Representative engagements include:
- Defending a large installment lender in multistate AG litigation in federal district court
- Defending CFPB district court litigation against an auto finance company relating to military lending practices
- Defending a mortgage company in CFPB litigation to enforce a Civil Investigative Demand
- Defending auto title companies in CFPB administrative adjudications
- Defending a military installment lender in state administrative proceedings
- Defending a direct auto lender in state administrative proceedings
- Negotiating settlement agreements with the CFPB, FTC, DOJ, and state AGs and other state regulators
In settlement negotiations, we bring to bear extensive knowledge of the industry and our deep understanding of clients' myriad state and federal law compliance burdens.
Examinations
Examinations involve an extended process that demands careful preparation, quick responses, and effective remedial action. We assist clients in preparing for exams by evaluating the organization's Compliance Management System. During exams, we help clients navigate the process with an eye toward resolving issues through the supervisory process. When regulators identify violations, we advocate for non-public resolutions through responses to CFPB PARR Letters or similar agency notices. Representative engagements include:
- Drafting CFPB PARR responses for auto finance companies, small dollar lenders, and others, in some cases resulting in no public action and the elimination of supervisory findings
- Assisting banks and service providers in preparing for and responding to OCC, Federal Reserve Board, FDIC and state prudential regulators' exams
- Assisting clients in preparing for and navigating CFPB and state regulatory exams
- Assisting clients in responding to questions and issues that arise during state regulatory exams
- Crafting remediation plans and corrective actions
Attorneys Practicing in this Area
