Consumer Financial Services Litigation & Compliance


At Smith Debnam, our Consumer Financial Services Litigation and Compliance unit brings a wealth of experience to the consumer financial services sector, both in litigation and compliance matters. With an interdisciplinary approach led by recognized thought leaders from across the consumer financial services spectrum, our attorneys advise on regulatory matters, counsel in the design and documentation of credit products, and defend the collection and credit industries in state and federal litigation, as well as regulatory matters.

At Smith Debnam, we believe the best way to represent you is to know your industry and to understand your business. You can count on us to anticipate how changes in legislation can impact your business and bottom line. In addition, our attorneys are active in a number of trade organizations including:

  • ACA International
  • AFSA
  • Consumer Financial Services Subcommittee of the American Bar Association
  • North Carolina Bankers Association
  • South Carolina Bankers Association
  • Mortgage Bankers Association (Carolinas)
  • North Carolina Creditors Bar Association.

Auto and Equipment Finance Industry

Our team regularly defends the auto and equipment finance industry in matters involving state law claims, such as wrongful repossession, UDAAP claims, debt collection claims, intentional torts and contract claims, as well as federal claims alleging violations of the Telephone Consumer Protection Act, Fair Credit Reporting Act, Truth in Lending Act, Equal Credit Opportunity Act, and Consumer Leasing Act. We provide contract review, letter audits, and general compliance services to financial institutions, captive finance companies, and subprime finance companies to ensure compliance with the UCC and various consumer protection statutes.

Banking and Credit Card Industry

We defend financial institutions on an array of issues, including debt collection, credit reporting and mortgage servicing, Truth in Lending Act, Equal Credit Opportunity Act, and UDAAP. We provide contract review and general compliance services to the industry to ensure compliance with various consumer protection statutes including the Fair Credit Reporting Act, Truth in Lending Act, Telephone Consumer Protection Act, Mortgage Servicing Rules, and state and federal debt collection statutes.

Debt Collectors and Debt Buyers 

We defend the debt collection industry in both federal and state courts on a host of issues involving state and federal debt collection statutes, the Fair Credit Reporting Act, and the Telephone Consumer Protection Act. We regularly advise collection agencies and debt buyers regarding their compliance with a wide variety of consumer protection statutes. We provide letter audit services and assist our clients in the construction of policies and procedures to meet their growing regulatory burden.

Compliance Services

Consumer financial services providers must wade through an increasingly complex regulatory environment, particularly in light of the sweeping supervisory and enforcement authority of the Consumer Financial Protection Bureau. We understand the differing compliance needs that clients experience – we do not subscribe to a one-size-fits-all approach. We provide clients with a customized compliance plan tailored to the client’s size, needs and complexities. With extensive litigation backgrounds, our attorneys guide every client with a keen eye towards managing risk, and through that prism, we counsel clients on compliance and licensing matters to prevent future litigation and mitigate associated risks.
  • Regulatory Compliance Consulting
  • Compliance Consulting
  • Letter Audit Services

Litigation Services 

Our litigators are highly experienced in defending consumer financial providers and members of the collection industry with matters involving a bevy of consumer protection laws. From banks and non-bank financial services companies, mortgage servicers and originators to payday lenders, private student lenders, and auto finance companies, we advise on measures clients can take to ensure compliance with applicable statutes. We regularly defend financial services providers in litigation matters involving the full range of laws and regulations surrounding the consumer finance industry, including federal and state consumer credit laws, fair and responsible lending claims, challenges to loan servicing involving consumers in bankruptcy, and federal and state UDAP claims, just to name a few.
  • Consumer Financial Protection Bureau
  • Fair Debt Collection Practices Acts
  • Unfair & Deceptive Acts And Practices
  • Federal Consumer Leasing Act
  • Truth In Lending Act
  • Equal Credit Opportunity Act
  • Fair Credit Reporting Act
  • Telephone Consumer Protection Act
  • Fair Credit Billing Act
  • Fair Credit Reporting Act
  • Fair & Accurate Credit Transactions Act
  • Consumer Leasing Act
  • Gramm Leach Bliley Act
  • Real Estate Settlement Procedures Act
  • Home Ownership & Equity Protection
  • Consumer Fraud
  • State Consumer Protection Laws
  • Predatory Lending Practices
  • Dodd-Frank
  • Usury Matters
  • Regulation Z
  • Deceptive Trade Practice
Shape919.250.2000 noun_20940@smithdebnamlaw