Bankruptcy Regulatory Compliance
Financial institutions rely on Balch for guidance in complying with the myriad of consumer protection laws and regulations regarding loan origination, servicing, and collections. We utilize a team approach that combines the expertise of regulatory attorneys with that of consumer finance litigators to provide practical and timely advice to clients navigating this rapidly evolving area of law.
Balch has a long history of advising banks and other creditors regarding federal and state consumer protection laws. Our clients include local, regional, and national companies. We help clients analyze their contracts, communications, and internal procedures to ensure compliance with the Truth in Lending Act (Regulation Z), the Real Estate Settlement Procedures Act (Regulation X), the Fair Debt Collection Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA), the Fair Credit Reporting Act (FCRA), and the numerous other regulations imposed upon financial institutions and other creditors. A significant part of our practice involves advising creditors in complying with bankruptcy laws and rules applicable to consumer debtors.
Our firm has experience with hundreds of cases under these laws in federal and state courts. The regulatory attorneys and litigation attorneys at Balch work together to provide our clients with a comprehensive approach to consumer protection issues. We help clients identify and address potential problems before they result in liability. When adverse actions do occur, our attorneys are experienced in guiding clients through them, whether they be administrative actions by regulators (judicial or non-judicial) or private party lawsuits.
Our attorneys are at the forefront of this rapidly changing area of law. From monitoring rules, guidance, and administrative actions by regulators to following consumer litigation trends, we help clients understand the current risks and plan for the future.
We represent banks, credit unions, finance companies, retailers, debt collectors, debt buyers, mortgage servicers, utility companies, title insurance companies, and other entities engaged in consumer credit and collections.
Compliance: We assist debt buyers, servicers, retailers, utilities, and other companies engaged in consumer collections prepare policies and procedures to comply with the FDCPA, TCPA, and other consumer protection laws. We also assist lenders and mortgage servicers prepare contracts and communications that comply with TILA (including TRID) and RESPA (including mortgage servicing rules). Our attorneys also advise clients on structuring business ventures and products to comply with these laws (such as affiliated business arrangements and marketing services agreements).
Risk Assessment and Error Correction: Even with robust compliance mechanisms in place, there is always a risk of unintentional violations. We help clients identify potential areas of noncompliance, asses and minimize the potential liability, remedy the underlying issues, and communicate with regulators and customers as the situation requires.
Litigation: Our litigation attorneys handle cases for various clients across the Southeast and around the country regarding alleged violations of the FDCPA, TCPA, TILA, RESPA, FCRA, and various bankruptcy-specific issues.