R. Andrew Arculin is a thought leader in the fields of consumer lending, fintech, and mortgage banking who leverages his prior experience with the Consumer Financial Protection Bureau (CFPB) to provide informed counsel.
He advises a wide range of clients on all aspects of the mortgage and consumer lending business, including chartering and licensing; marketing and lead generation; loan origination and servicing; and secondary purchase and due diligence.
His work focuses on the “alphabet soup” of consumer credit statutes and regulations — including the Truth in Lending Act (TILA); the Equal Credit Opportunity Act (ECOA); the Fair Credit Reporting Act (FCRA); the Real Estate Settlement Procedures Act (RESPA); the Home Mortgage Disclosure Act (HMDA); Unfair, Deceptive and Abusive Acts and Practices (UDAAP); and other federal and state statutes and regulations. His practice includes:
- Advising bank and non-bank clients on compliance with state and federal consumer protection laws for mortgages, installment loans, credit cards, and other financial products
- Advising banks and mortgage companies on compliance with TILA-RESPA Integrated Disclosures (TRID), Ability-to-Repay/QM, Loan Originator rule, HMDA, and mortgage servicing rules
- Analyzing marketing services agreements (MSAs), affiliated business arrangements, co-marketing or co-branding agreements, and web-based lead generation platforms for compliance with RESPA Section 8
- Supervisory and Enforcement
- Helping clients prepare for supervisory examinations, including pre-examination compliance and fair lending audits
- Defending banks and larger market participants facing examinations or enforcement matters before the CFPB and federal banking regulators
- Defending non-bank financial service companies facing examinations, investigations, or enforcement matters before state regulators, including the California Department of Business Oversight
Prior to joining Venable, Andy served as senior counsel in the Consumer Financial Protection Bureau’s Office of Regulations, where he was responsible for the development and implementation of consumer financial services regulations under RESPA, TILA, ECOA, and other federal statutes. He served as lead attorney for various CFPB rulemakings and played a key role at CFPB in educating the public and industry leaders about the Dodd-Frank mortgage rules and TRID.
Experience : Senior Counsel, Office of Regulations, Consumer Financial Protection Bureau
- J.D. cum laude Catholic University of America, Columbus School of Law 2006
- B.A. University of Virginia 1999
Bar Admissions : District of Columbia
Clerk Experience : Honorable James C. Cacheris U.S. District Court for the Eastern District of Virginia
Professional Memberships : Member, District of Columbia Bar
Rate : $$$