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Addressing regulatory oversight and regulation is increasingly becoming a common required activity of our clients’ business. Hinshaw is uniquely positioned — because of the breadth of our experience, the scope of our practice, and our national footprint — to assist collection attorneys, debt buyers, debt collectors, furnishers of credit information, financial institutions, and other businesses subject to governmental oversight and regulation in developing and executing a plan to address these concerns.

National entities need national representation. Because Hinshaw covers the most active jurisdictions for governmental agency oversight, we can assist regulated consumer collection entities effectively and efficiently at the federal, state and local levels. At the outset, we assist clients in proactively analyzing and ensuring compliance, including developing policies and establishing practices to ensure that sound measures are in place at the outset to best avoid any future regulatory complications. We thereby help our clients: ensure readiness for investigations or responding to civil investigations, criminal investigations, or responding to a regulatory subpoena; determine if the current regulations are sufficient; and identify areas to develop further guidelines and procedures.

Compliance

Federal, state and local regulation is growing rapidly, and no more so than in the area of interactions with consumers by collection attorneys, debt buyers, debt collectors, furnishers of credit information, and other consumer collection entities. Compliance with the many — and sometimes overlapping and/or conflicting — regulations can be daunting, especially for entities that act in multiple jurisdictions. Hinshaw is uniquely positioned to help regulated entities navigate the nuances of federal, state and local regulation. With a national Consumer Litigation Practice and attorneys licensed to practice in approximately 35 states, we can address any institution's unique jurisdictional needs. For example, we can assist in performing an audit to identify issues to ensure compliance with the evolving Consumer Financial Protection Bureau (CFPB) requirements, or provide guidance on state and city specific licensing requirements as compliance moves to the local level as cities such as Chicago and New York enact laws requiring licensure and regulation. Using Hinshaw to take a proactive approach, regulated entities can better minimize the work-disruption and cost-related impact of an extensive investigation by implementing best practices and procedures to ensure compliance.

Administrative Investigations

State and local agencies, as well as the CFPB, are expanding the scope of their respective jurisdiction and, accordingly, the number of investigations they are conducting. These investigations can take the form of a subpoena to a client, a civil investigation, a criminal investigation, or a full audit. They can be broad and disruptive. Hinshaw’s team — which includes former federal and state prosecutors and others with decades of trial and investigative experience — can assist in efficiently and effectively managing the scope of these investigations and in identifying potential problems to proactively manage them. We also work to develop comprehensive plans so that our clients are better positioned to minimize problems that might later arise.

Enforcement

Because federal administrative agencies are increasingly working with state and local entities to enforce regulations, regulatory bodies have more enforcement avenues than ever. We can assist regulated collection attorneys, debt buyers, debt collectors, furnishers of credit information, and other consumer collection entities in complying with federal and state rulings. These rulings, especially combined with the growing licensing requirements of state agencies, can have a far-reaching impact in other jurisdictions. Hinshaw is well positioned to identify potential consequences of a decision made in one jurisdiction and address them before they give rise to concerns in other states or localities. By approaching enforcement as both a compliance and a remedial measure, we help regulated consumer collection entities avoid future problems from past issues.

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