Gregory G. Hesse’s practice focuses on consumer protection law compliance and litigation. Greg is a partner in the firm’s Financial Services Litigation and Compliance Practice Group. His practice addresses many aspects of consumer protection law compliance and litigation on behalf of financial services companies.
With the advance of technology resulting in new methods of payment and new business platforms, Greg’s practice has evolved to emphasize issues relating to payments. Indeed, the one common denominator in every consumer transaction is the requirement that the consumer pay for the goods or services provided, whether that payment is accomplished through cash, check, credit card, debit card, ACH transfer or wire transfer.
As technology continues to alter the means of conducting business with consumers, Greg provides guidance to financial institutions as they navigate the legal issues relating to the developing payment options.
Greg’s consumer protection law practice is a natural outgrowth of his role as debtor’s counsel in the bankruptcy case of a subprime mortgage lender, Accredited Home Lenders, during the aftermath of the Great Recession.
During the bankruptcy, liquidation and dissolution of AHL, Greg was the principal lawyer involved in the dissection of a multi-billion dollar mortgage loan originator, servicer and loan seller. As a result, he has developed unique insight into the consumer finance industry that is beneficial to our clients.
In addition to his consumer protection law practice, Greg continues to represent clients in bankruptcy cases all over the country and in out-of-court restructurings. During the course of his career, Greg has represented debtors, equity holders, members of boards of directors, unsecured creditors’ committees, secured lenders, unsecured creditors, purchasers of assets and parties to leases and executory contracts.
In addition to representing parties in bankruptcy cases, Greg is frequently involved in addressing bankruptcy risks through the structuring of transactions out of bankruptcy, including assets sales, restructurings, loan transactions and securitized transactions.
- Advises a national bank with regards to general payments legal advice, including issues arising from check transactions, ACH transactions, debit card transactions, credit card transactions and wire transfers.
- Advises various banks about customer’s lending practices and payment system compliance as such relates to the Electronic Fund Transfer Act (the “EFTA”), Regulation E, the NACHA Rules.
- Conducted a fraudulent ACH payment policy and procedures analysis for a national bank.
- Advises a national bank with regards to issues arising from the Durbin Amendment to Dodd Frank.
- Conducted a mock examination of the mortgage origination policies and procedures of a national bank to confirm compliance with the CFPB’s combined Truth In Lending Act/Real Estate Settlement Procedures Act disclosure rule or the “Know Before You Owe” rule.
- Advises subprime auto lender on electronic payment and money transmission issues.
- Advises consumer leasing company on transactional and payment compliance relating to EFTA and Reg E.
- Represented national bank in the due diligence of potential borrower’s compliance with EFTA and Reg E
- Represented community bank with regard to residential mortgage loss mitigation processes.
- Represented retailer in the development of private label credit card.
- JD, The University of Texas, with honors, Order of the Coif, Chancellor at Large, 1988
- BBA, Southern Methodist University, cum laude, 1986
- Member, American Bankruptcy Institute
- Contributing Editor, American Bankruptcy Institute Journal
- Member, American Bar Association
- Member, Dallas Bar Association
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