Benjamin M. Saul

CFPB

• Representation as lead counsel of numerous financial institutions, other consumer finance companies, and individuals in over 35 CFPB investigations and enforcement matters concerning marketing, disclosures, fees, lending, collections, servicing, consumer bankruptcy, credit reporting, recordation and money transfer services practices across numerous products and services, including mortgages, credit cards, auto loans, student loans, manufactured home loans, personal loans, small dollar loans, commercial loans and payment services.
• Representation of several financial institutions and other consumer finance companies in product reviews, mock examinations, and other readiness guidance in advance of CFPB exams.
• Representation of several financial institutions and consumer finance companies in responding to supervisory exam and pre-enforcement issues, including responding to Potential Supervisory Action and Proposed Action Response Request Letters.
• Representation of several financial institutions in connection with efforts to comply with CFPB Consent Orders.

Fair Lending

• Representation of numerous financial institutions and other financial services companies before the federal banking regulators, CFPB, DOJ, HUD, and state enforcement agencies in over 40 fair lending and servicing examinations, investigations, and lawsuits involving allegations of, among other things, discrimination by algorithmic bias, redlining, reverse redlining, discouragement, marketing practices, underwriting, pricing, servicing and property maintenance by lenders and servicers (both consumer and commercial).
• Representation of multiple non-bank lenders in a nationwide class action lawsuit brought by the NAACP against 18 bank and non-bank lenders in an action alleging "reverse redlining" violations of the Fair Housing Act, Equal Credit Opportunity Act, and the Civil Rights Act.
• Representation of financial institutions, FinTech, and other non-bank lenders and services on all aspects of fair lending and servicing compliance, including developing policies and programs, managing oversight of third-party vendors, conducting risk assessments, preparing for exams, and developing periodic statistical testing programs.

Federal Banking Agencies/DOJ/FTC

• Representation of an individual indicted for one count of wire fraud in a matter brought by the DOJ.
• Representation of a large merchant cash advance company in connection with a FTC investigation.
• Representation of a foreign bank in connection with an AML/BSA investigation by the NYDFS and FRB.
• Representation of a large, global bank in the resolution of parallel grand jury and OCC investigations, as well as a nationwide class action and a state-level mass action in a matter involving allegations of mortgage fraud and predatory lending.
• Representation of a bank in a joint DOJ and FDIC investigation and enforcement action into that bank’s compliance with the Servicemember Civil Relief Act.
• Representation of a bank in connection with the negotiation of a deferred prosecution agreement with the DOJ involving a one count information alleging failure to file suspicious activity reports in violation of the BSA.
• Representation of a bank in connection with an appeal of its CAMELS rating to the FDIC's Supervision Appeals Review Committee (SARC).
• Representation of a large, national bank in connection with multi-year effort to comply with landmark, post-credit crisis horizontal consent orders issued by the OCC and the FRB concerning default mortgage servicing and foreclosure practices.
• Representation of a former bank director in an investigation and litigation brought by the FDIC following the failure of the bank.
• Representation of a bank in connection with an enforcement action involving the FDIC concerning certain credit card fee practices.
• Representation of multiple Chapter 7 Trustees of failed bank holding companies, including IndyMac Bancorp in (1) the investigation of the financial affairs and failure of the debtors, (2) the defense of the debtors in government enforcement matters involving the FDIC, DOJ, and SEC, (3) litigation against the FDIC concerning the ownership of certain tax refunds and other assets, and (4) the prosecution of claims against certain insiders and third parties.
• Representation of a major non-bank mortgage servicer and its parent investment bank in connection with a landmark FTC action concerning certain servicing, debt collection and credit reporting practices.
• Representation of a consumer goods company in connection with an FTC investigation alleging the company improperly claimed its products were "Made in the USA."

FinTech

• Representation of numerous FinTech companies on product and service development, regulatory compliance, licensing (lending, servicing, loan brokering, and money transmission), negotiation of bank partnerships, joint ventures and outsourcing arrangements, compliance program development, and dealings with federal and state regulators.
• Representation of a major e-commerce platform on financial services regulatory matters.
• Representation of a national bank in connection with the development of a suite of digital products for merchants and consumers.
• Representation of multiple FinTechs in negotiating credit facilities.
• Representation of numerous venture capital, private equity and hedge funds in connection with regulatory due diligence of potential FinTech acquisitions and investments and with obtaining necessary regulatory approvals.
• Representation of a large, global financial institution on enhancing its mobile product offerings, including streamlining required disclosures.
• Representation of a global payments company in connection with the development of new consumer credit products.
• Representation of a tech subsidiary of a Fortune 100 Company in connection with an internal investigation into potential unlicensed money transmission and attendant regulatory and civil liabilities.
• Representation of the sole bookrunning underwriter concerning an equity offering to finance a retail company's corporate reorganization to focus on blockchain-based products and services.
• Representation of various FinTechs in connection with informal discussions, inquiries, investigations, and enforcement matters concerning state financial services regulators, federal banking agencies, the FTC and the CFPB.

State Attorneys General and Financial Services Authorities

• Representation of short-term, small dollar lender in an enforcement action involving the California DFPI.
• Representation of two major credit unions in connection with an investigation by the Colorado Attorney General into their practices concerning refunds of GAP waiver fees upon consumer prepayment of auto loans.
• Representation of an earned wage access provider in connection with a multi-state investigation, led by California and New York, into its business practices.
• Representation of a prepaid card provider in connection with multi-state enforcement actions concerning certain prior unlicensed conduct.
• Representation of a global bank in California Attorney General investigation concerning alleged mortgage fraud.
• Representation of major non-bank mortgage servicer in connection with investigation by the Ohio Attorney General.
• Representation of a foreign bank in connection with an AML/BSA investigation by the NYDFS and FRB.
• Representation of a state member bank in connection with a fair lending investigation by NYDFS.
• Representation of numerous non-bank consumer finance, payments and FinTech clients in connection with supervisory exams, informal inquiries, investigations and enforcement actions brought by nearly every state financial services regulator, including many matters involving the CA DFPI and NY DFS.
• Representation of two directors of the NYSE exchange into joint investigations by the NY AG and SEC relating to the retirement compensation award to former NYSE chairman and CEO Dick Grasso.

• D.C. Super Lawyers, Banking, Consumer Protection and Business Litigation (2013 to present)
• Legal 500 US, Financial Services Regulation (2023)
• Legal 500 US, Finance, Fintech (2023)
• Legal 500 US, Media, Technology and Telecoms, Fintech (2022)
• Law360, Recipient, Burton Award for Distinguished Legal Writing (2018 & 2019)
• Fellow, American College of Consumer Financial Services Lawyers (2015 to present)
• Governing Committee, Conference on Consumer Financial Services Law (2022 to present)

• Fellow, American Bar Foundation
• Director (Quality Control Committee), INOVA Alexandria Hospital
• Board of Editorial Advisors, Review of Banking and Financial Services
• Member, Exchequer Club
• Member, Federal Bar Association, Banking Law Executive Council
• Former Co-Chair, American Bar Association's Consumer & Civil Rights Litigation Committee
• Former Editor-in-Chief, American Bar Association's Banking Law Journal
• Former Editorial Advisor, Banking Law360