Consumer Financial Services

Welcome to Hinshaw's Consumer Financial Services group. Our three main areas of expertise—mortgage servicing and lender litigation; consumer law and class action defense; and regulatory and compliance counseling can be found at the links below—along with a link to our consumer finance blog Consumer Crossroads.

Our Client Service Philosophy

We deliver effective and efficient legal solutions. That means we want to get to know you, your culture, your business and your goals. Understanding your business allows us to tailor our service to your particular needs and objectives.

We work with a variety of industry participants engaged in all phases of consumer financial services, including lenders, servicers and collectors. Our expertise includes:

• Mortgage Servicing and Lending
• Regulatory and Compliance Counseling
• Consumer and Class Action Defense

Thought Leadership

Following industry trends and breaking news that impacts your business—and providing you with analysis of how this impacts you is a priority for us. We blog about these topics at Consumer Crossroads, and also publish a newsletter and client alerts. Our blog is our online community. We invite you to follow the conversation by subscribing at www.hinshawcfs.com.

News

Blog Posts

Consumer Crossroads: Where Financial Services and Litigation Intersect

• Lack of Standing Is Not Dead as a Defense to TCPA Actions
• Consumer Law Regulatory Insights: CFPB Symposia Series Discusses How Behavioral Economics Can Inform Regulatory Action
  Lari Dierks, Vaishali S. Rao
• FDCPA Claims Dismissed As a Result of Plaintiff's Bad Faith Bankruptcy Conduct
• New York's Highest Court to Determine Whether Voluntary Discontinuance Revokes Acceleration of Debt
• Case to Watch: U.S. Supreme Court Decision Provides Florida Homeowner Grounds to Challenge Excessive Fees for Code Violations
• Emerging Trend: Another Federal Court Finds that Predictive Dialers Fall Outside the TCPA's Definition of an ATDS
• Creditors Beware: Collection of Debt Based on Unreasonable Belief/Understanding That the Debt Was Not Discharged in Bankruptcy Might Lead to a Finding of Civil Contempt
• Minnesota Decision Marks Growing Split Among Federal Circuits Regarding FCRA Liability for Failure to Mark a Tradeline as Disputed
  Ellen B. Silverman, Heather K. Meyers
• U.S. Supreme Court Balks on Judicial Deference to FCC in TCPA Case, While Concurrence Led by Justice Kavanaugh Looks to Swing
• A Reminder for Borrowers: Post-Discharge Communications by Creditor Must Coerce or Harass in Order to Violate Bankruptcy Law
• Massachusetts Mortgage Holders Beware — Foreclosure Winning Bids May Now Need to Consider Development Potential of a Property
• CFPB Proposes New Rules to Modernize Application of the FDCPA
• Wisconsin Supreme Court Rules Creditor's Failure to Send a Right to Cure Notice is not Grounds for a Monetary Damages Claim
• "Estoppel on Steroids" ‒ Does the Hobbs Act Require the District Court to Accept the FCC's Rule Interpreting an "Unsolicited Advertisement" under the TCPA?
• SCOTUS Determines Foreclosure Firm is Not a Debt Collector Under the FDCPA's Primary Definition
• The Third Circuit Takes a More Expansive Approach to What Constitutes a Debt Collector under the FDCPA
  John P. Ryan, Whitney S. Goldin
• U.S. Supreme Court Agrees to Resolve Circuit Split on When the Limitations Period for FDCPA Claims Should Start
• First Circuit Concludes that "Potentially Deceptive" Language Added to Default Notice May Void Foreclosure Sale in Massachusetts
• A New Bright-Line Rule in New York Courts: Plead or Move, But a Borrower Can't Just Deny Standing to Challenge Foreclosure
• Illinois Supreme Court Issues Ruling On What "Aggrieved" Means Under The Biometric Information Privacy Act
• New York Mandates New Consumer Protections for Relatives of Deceased Debtors
• Florida Supreme Court Awards Appellate Attorney's Fees to Borrower After Mortgagee Voluntarily Drops Appeal
• SCOTUS to Decide Whether Non-Judicial Mortgage Foreclosures are Subject to the FDCPA
• New York Court Slams Door on Lender's Revocation of Acceleration of Entire Mortgage Debt by Voluntary Discontinuance—but Leaves Latch Ajar
• Illinois Biometric Information Privacy Act Case Has Significant Impact On Consumer Class Actions
  John P. Ryan, Whitney S. Goldin
• Consumer Plaintiff Avila Sues Using the Safe Harbor Precedent She Established in Avila Decision—and Loses
  Fernando C. Rivera-Maissonet, Matthew B. Corwin
• Another Court Refuses Lost Note Status to a Successor Lender
• New York is Split on Whether Notice of Default Letters Trigger the Statute of Limitations
• Trouble With A Capital C: Cordray’s Move To Name His Own Successor At The CFPB
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