Austin Brown
PartnerAustin is a trusted advisor to financial services companies regarding compliance, enforcement, and litigation issues. His practice focuses on investigations and enforcement proceedings, class action litigation, compliance advice, examination support, internal corporate investigations, and transactional diligence.
Austin handles matters involving compliance with a broad range of consumer protection statutes and regulations affecting financial services providers, including those relating to: unfair, deceptive or abusive acts or practices (UDAAP); fair lending (ECOA and FHA); credi...
Austin is a trusted advisor to financial services companies regarding compliance, enforcement, and litigation issues. His practice focuses on investigations and enforcement proceedings, class action litigation, compliance advice, examination support, internal corporate investigations, and transactional diligence.
Austin handles matters involving compliance with a broad range of consumer protection statutes and regulations affecting financial services providers, including those relating to: unfair, deceptive or abusive acts or practices (UDAAP); fair lending (ECOA and FHA); credit reporting (FCRA); debt collection (FDCPA); disclosures (TILA); electronic fund transfers (EFTA); loan servicing; mortgage lending (RESPA and HMDA); student lending; and unsecured lending. He defends institutions in investigations and enforcement actions brought by the Federal Trade Commission (FTC), bank regulatory authorities, the US Department of Justice (DOJ), state attorneys general, and the Consumer Financial Protection Bureau (CFPB). He also has extensive experience advising institutions on compliance and examination issues and defending clients in class action and government enforcement litigation.
Austin has assisted clients in matters covering all types of financial services issues, including product development, sales and marketing, banking services, pricing and underwriting, credit reporting, and servicing and collection activities. Austin also regularly assists institutions with developing and revising compliance and risk management systems.
EXPERIENCE
Austin's notable representations include:
- Numerous companies and individuals in investigations by the FTC relating to marketing, lending and loan servicing practices under UDAP.
- An FDIC-regulated bank in successfully appealing material supervisory determinations before the FDIC's Supervision Appeals Review Committee.
- A large national bank in conducting UDAAP risk assessments of all of the bank's consumer products and services.
- A large national bank in defending lawsuits under the FC...
Austin's notable representations include:
- Numerous companies and individuals in investigations by the FTC relating to marketing, lending and loan servicing practices under UDAP.
- An FDIC-regulated bank in successfully appealing material supervisory determinations before the FDIC's Supervision Appeals Review Committee.
- A large national bank in conducting UDAAP risk assessments of all of the bank's consumer products and services.
- A large national bank in defending lawsuits under the FCRA and the EFTA.
- A mid-sized bank in successfully resolving a class action relating to overdraft fees.
- Several banks and other financial institutions in preparing for FDIC, OCC, FRB and CFPB examinations and responding to supervisory concerns.
- A consumer lender in resolving a CFPB investigation relating to compliance with the FCRA, TILA and UDAAP.
- A consumer lender in defending several class action lawsuits, attorney general investigations, and a lawsuit by the CFPB relating to UDAAP.
- Two national banks in appealing supervisory determinations before the OCC Office of the Ombudsman.
- BancorpSouth Bank in resolving a CFPB and DOJ fair lending investigation.
- Commonwealth, Inc., in obtaining the first-ever approval under the CFPB's Compliance Assistance Sandbox Policy.
- A digital payment service in responding to a CFPB civil investigative demand relating to compliance with the EFTA and UDAAP.
- Capital One in connection with a federal lawsuit relating to branch closures.
- Mortgage lenders and auto finance companies in fair lending testing of their pricing and underwriting data.
- A bank director in resolving an investigation by the OCC.
- A large regional bank in connection with a CFPB redlining investigation.
- A consumer reporting agency in responding to a government investigation.
- A mortgage loan servicer in responding to a government investigation regarding loss mitigation practices.
- A large bank in the non-public resolution of an investigation by the CFPB and the FRB relating to overdraft practices.
Austin frequently speaks and writes on financial services enforcement, litigation and enforcement trends.
- J.D., Georgetown University Law Center
magna cum laude - B.A., Vassar College
Awards
- The Legal 500 United States
- Recommended, Corporate Investigations and White-Collar Criminal Defense (2022-2023)
Seminars
- “Fair Lending Lessons to Take Home,” Fair Lending Colloquium, Orlando, Florida, November 20, 2024.
- “What’s Next for the CFPB?”, Women in Housing and Finance, July 24, 2024.
- “UDAAP, CRA and Fair Lending,” Fair Lending Colloquium, Las Vegas, Nevada, November 15, 2022.
- "On the Fair Lending Forefront: Enforcement Trends and Emerging Risks," Wolters Kluwer CRA and Fair Lending Colloquium, N...
- “Fair Lending Lessons to Take Home,” Fair Lending Colloquium, Orlando, Florida, November 20, 2024.
- “What’s Next for the CFPB?”, Women in Housing and Finance, July 24, 2024.
- “UDAAP, CRA and Fair Lending,” Fair Lending Colloquium, Las Vegas, Nevada, November 15, 2022.
- "On the Fair Lending Forefront: Enforcement Trends and Emerging Risks," Wolters Kluwer CRA and Fair Lending Colloquium, November 16, 2021
- "Fair Lending Compliance and Defense Strategies: Challenges in Underwriting, Redlining, and Equitably Implementing Relief Programs," American Conference Institute, Residential Mortgage Regulatory Enforcement & Litigation Conference, November 2020
- "Emerging (and re-emerging) Fair Lending Issues in Pricing, Underwriting, Marketing and Servicing," Marquis Virtual User’s Conference, September 14-15, 2020
- "Telling Your Story," QuestSoft Lending Compliance & Risk Management Virtual Conference, October 2020
- "Consumer Compliance Hot Topics," Skadden’s 28th Annual Conference on Fair Lending and Consumer Financial Protection, Washington, D.C., April 20, 2020
- "Due Process in Supervision," ABA Banking Law Committee, January 2020
Media Mentions
- "Consumer Protection Policy and Cases To Watch In 2023," Law360, January 2, 2023
- "New UDAAP Guidance is Relevant to OCC-Regulated and Nonregulated Institutions Alike," September 25, 2020
- "Special Purpose Credit Programs – Taking a Second Look at a Familiar Tool," July 29, 2020
- "Consumer Financial Protection Bureau Launches Advisory Opinion Process," June 19, 2020
- "Managing Compliance Risks for Income Share Agreements," La...
- "Consumer Protection Policy and Cases To Watch In 2023," Law360, January 2, 2023
- "New UDAAP Guidance is Relevant to OCC-Regulated and Nonregulated Institutions Alike," September 25, 2020
- "Special Purpose Credit Programs – Taking a Second Look at a Familiar Tool," July 29, 2020
- "Consumer Financial Protection Bureau Launches Advisory Opinion Process," June 19, 2020
- "Managing Compliance Risks for Income Share Agreements," Law360, July 2019
- "Is Your Fair Lending CMS Up-to-Date?" Mortgage Compliance Magazine, September 2017
- "CFPB Pursues Aggressive Enforcement Agenda and Arbitration Restrictions," NY Business Law Journal, Summer 2016
