Sidley has defended clients in virtually every area of consumer banking. We assist lenders in the credit card, mortgage and automobile finance businesses, as well as credit card processors, ATM and credit card networks, payment processors and money transmitters. We represent clients in cases asserting failure to comply with regulatory requirements, engaging in unfair or deceptive trade practices, violating the Telephone Consumer Protection Act or other privacy laws, and breaching contractual obligations.
Our team efficiently analyzes the complex and technical consumer banking issues that frequently arise in these cases, including under federal and state usury laws, the Fair Credit Reporting Act, the Real Estate Settlement Procedures Act, the Truth in Lending Act and the Fair Debt Collection Practices Act. We have successfully asserted federal law preemption defenses in many cases asserting state law claims, including defenses based on the National Bank Act and federal interest rate statutes. We have assisted clients in enforcement actions by the Consumer Financial Protection Bureau, state attorneys general and other regulators, as well as in private class actions. The firm’s experience in addressing industry issues with federal and state regulators that supervise the activities of our banking clients, and in connection with legislation, allows our team to help clients on all fronts when major industry challenges arise.