Avoiding Unfair & Deceptive Marketing Practices for Banks & Credit Unions (UDAP laws)

Leonard Chanin
Associate Director, Division of Consumer and Community Affairs
Federal Reserve Board

LEONARD CHANIN is Associate Director, Division of Consumer and Community Affairs at the Federal Reserve Board He is responsible for implementing and interpreting several consumer protection laws such as the Truth in Lending Act (Regulation Z), Equal Credit Opportunity Act (Regulation B), Home Mortgage Disclosure Act (Regulation C), Truth in Savings Act (Regulation DD) and the Fair Credit Reporting Act. Mr. Chanin has spoken on legal and compliance matters at numerous conferences. He received his B.A. degree from American University in Washington, D.C., and his law degree from Washington University in St. Louis, Missouri.

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Thomas M. Hefferon
Partner
Goodwin Procter LLP

Areas of Practice
Tom Hefferon, co-leader of the Litigation Department in Goodwin Procter’s Washington, D.C. office, specializes in general civil litigation, with particular emphasis on the defense of financial institutions in the consumer financial services industry in both administrative proceedings and in the courtroom. Mr. Hefferon is also chair of the firm's Consumer Financial Services Litigation Practice and frequently provides compliance advice and litigation risk analysis to industry clients.

Work for Clients
Mr. Hefferon represents a wide range of corporate and individual clients in his national practice. He has been sole or joint lead counsel in the trial of cases in federal and state courts in Massachusetts, Connecticut, New York, Texas and Illinois. Among his clients are a number of prominent financial institutions defending nationwide class action lawsuits pending in a large variety of state and federal courts across the country. These cases typically arise under the Truth in Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), the Fair Credit Reporting Act (FCRA), state and federal unfair and deceptive acts and practices laws (UDAP), other consumer lending statutes and regulations, bankruptcy laws and the common law.

The matters at issue in these cases include fair lending and ECOA; compliance with FCRA; privacy; TILA disclosures; the legality under RESPA of a variety of business practices; federal preemption; arbitration; assignee liability; loan servicing; foreclosure, bankruptcy and default issues; and claims that challenge various lending practices under a wide variety of federal and state statutes, including UDAP laws. He has an active practice before numerous state and federal courts. In the last five years, Mr. Hefferon and others in the group have defended more than 100 putative class actions, most of which were brought as nationwide class actions. He also is acting and has previously acted as lead counsel to mortgage industry trade...more »

Mr. Hefferon represents a wide range of corporate and individual clients in his national practice. He has been sole or joint lead counsel in the trial of cases in federal and state courts in Massachusetts, Connecticut, New York, Texas and Illinois. Among his clients are a number of prominent financial institutions defending nationwide class action lawsuits pending in a large variety of state and federal courts across the country. These cases typically arise under the Truth in Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), the Fair Credit Reporting Act (FCRA), state and federal unfair and deceptive acts and practices laws (UDAP), other consumer lending statutes and regulations, bankruptcy laws and the common law.

The matters at issue in these cases include fair lending and ECOA; compliance with FCRA; privacy; TILA disclosures; the legality under RESPA of a variety of business practices; federal preemption; arbitration; assignee liability; loan servicing; foreclosure, bankruptcy and default issues; and claims that challenge various lending practices under a wide variety of federal and state statutes, including UDAP laws. He has an active practice before numerous state and federal courts. In the last five years, Mr. Hefferon and others in the group have defended more than 100 putative class actions, most of which were brought as nationwide class actions. He also is acting and has previously acted as lead counsel to mortgage industry trade associations appearing as amicus curiae in cases that present significant issues for the consumer credit industry.

Mr. Hefferon also represents financial institutions and trade groups in a variety of contested matters before federal and state administrative agencies, including the Federal Trade Commission, the Department of Housing and Urban Development, the Office of Thrift Supervision, numerous state attorneys general, and state banking agencies.

In addition to his specialty area, Mr. Hefferon has substantial experience in complex commercial disputes, including contract litigation, insurance disputes, lender liability cases and litigation arising in connection with bankruptcies filed under Chapters 7, 11 or 13. less »

Professional Activities
Mr. Hefferon has been selected for inclusion in Chambers USA: America’s Leading Lawyers for Business. He is a member of the American Bar Association, and other state and local bar associations.

Publications/Presentations
Mr. Hefferon frequently appears as a panelist at continuing legal education seminars and Mortgage Banks Association and American Bar Association meetings. He has co-chaired numerous seminars on consumer credit litigation issues, including an annual American Conference Institute program on class action litigation in consumer lending.

Professional Experience
During the 1989-1990 academic year, Mr. Hefferon was an adjunct assistant professor of law at Boston College Law School while on leave of absence from Goodwin Procter.

Bar and Court Admissions
Mr. Hefferon is a member of the bars of the U.S. Supreme Court, the Commonwealth of Virginia, the Commonwealth of Massachusetts and the District of Columbia. He is also a member of the bars of numerous federal circuit courts and district courts and has been admitted pro hac vice in more than three dozen other state and federal courts across the country.

Education
J.D., University of Chicago, 1986 (magna cum laude)
B.A., Trinity College, 1982 (magna cum laude)

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Paul F. Hancock
Partner
K&L Gates LLP

Paul Hancock focuses his practice on litigation as it relates to the financial services industry, namely mortgage banking and consumer credit. He also handles matters involving commercial litigation, civil rights and general civil litigation, particularly class actions.

Before entering private practice Mr. Hancock served as the Deputy Attorney General for South Florida, managing the Attorney General's legal programs in the southern portion of the state, and personally litigating cases of major significance statewide.

He also spent more than 20 years with the Civil Rights Division of the U.S. Department of Justice (DOJ), attaining the highest-ranking career position in the Division. He is experienced in all areas of civil rights litigation, and is best known for his work in the fields of voting, housing, disability rights, insurance, and lending and credit.

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Avoiding Unfair & Deceptive Marketing Practices for Banks & Credit Unions (UDAP laws)
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