The Consumer Financial Protection Bureau’s recent policy statement on abusive acts or practices provides some guidance on the framework that the CFPB uses to identify abusive acts or practices but leaves many unanswered questions about the limits of the abusiveness standard. This panel will discuss compliance challenges presented by the abusive acts or practices prohibition with a particular focus on states’ abilities to bring abusiveness claims under federal law and their own state laws.
Chairs:
Carmen Thomas, Partner, Nelson Mullins Riley & Scarborough LLP, Columbia, SC
Susan Seaman, Partner, Husch Blackwell LLP, Columbus, OH
Program Materials Coordinator:
B. Graves Lee, Associate, Covington & Burling LLP, Washington, DC
Moderator
Susan Seaman
Partner
Husch Blackwell LLP
Columbus, OH
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As a partner at Husch Blackwell, Susan advises financial services providers, including depository and no depository financial institutions, Fintechs, servicers, and retailers, on federal and state regulatory matters related to credit, deposit, and payment products for consumers and small businesses. Susan has particularly deep experience with multi-state compliance, federal preemption, bank partnership programs, credit cards, point-of-sale financing, small business funding products, and innovative credit products. Susan serves as the vice chair of the Federal and State Trade Practices Subcommittee of the ABA’s Consumer Financial Services Committees and is a member of the governing committee of the Conference on Consumer Finance Law.
Panelists
Kiren Gopal
Senior Counsel
Consumer Financial Protection Bureau
Washington, DC
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Kiren Gopal serves as Senior Counsel in the Director’s Front Office of the Consumer Financial Protection Bureau. His work encompasses a range of administrative law projects. Prior to joining the CFPB, he served as Counsel in the Office of the Counsel to the Mayor in New York City and as Counsel on the Oversight and Investigations Subcommittee of the House Energy & Commerce Committee under Ranking Member Henry Waxman. He holds a B.A. in Political Science from the University of California at Berkeley and a J.D. from the UCLA School of Law.
Eric Mogilnicki
Partner
Covington & Burling LLP
Washington, DC
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Eric Mogilnicki is a leading consumer financial services lawyer, with a practice focused on assisting financial services clients with investigations, examinations and enforcement actions by government regulators, including the CFPB, FTC, OCC, and FDIC. Eric is the Chair of the ABA's Committee on Consumer Financial Services, having previously chaired that Committee's Federal and State Trade Practices and Litigation and Arbitration Subcommittees. He has previously served as an Assistant Attorney General in his home state of Massachusetts, and as Chief of Staff to Senators Edward M, Kenney and Paul G. Kirk Jr.
Nicholas Smyth
Assistant Director for Consumer Financial Protection
PA Office of Attorney General
Pittsburgh, PA
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Nicholas was hired by then-AG Josh Shapiro in 2017 to manage investigations and litigation of a dozen attorneys involving student lending, mortgages, auto finance, high-cost lending, debt collection, credit reporting, debt settlement, and scams. His team has obtained $360 million in redress for consumers. Some cases include Mariner Finance, Progressive Leasing, Trident Mortgage, Navient, Citibank, Think Finance, Equifax and Wells Fargo.
Previously, Nicholas was in private practice and a CFPB Enforcement Attorney. He began his career at the Treasury Department, where he assisted in drafting the Dodd-Frank Act. A graduate of Harvard and Harvard Law, he was born in Ireland.
CLE Program: Managing Federal and State Risks Following the CFPB’s Abusiveness Policy Statement