Mark J. Furletti

Partner
Philadelphia

Mark J. Furletti is Practice Co-Leader of the firm's Consumer Financial Services Group. He focuses on federal and state consumer lending and payments laws, including those that apply to payment cards, vehicle-secured loans, lines of credit, unsecured loans, and deposit products. He counsels providers of consumer financial services, including banks, on regulatory compliance matters and has successfully represented such providers in class action litigation and government supervisory and enforcement matters. He also regularly counsels purchasers of merchant receivables, companies that specialize in online small business lending and companies that interact with their customers electronically or that set up recurring billing arrangements with their customers.

Mark regularly provides guidance on electronic payments and payment network rules, electronic contracting and mobile commerce, online banking, retail installment sales, preparing for examinations by the Consumer Financial Protection Bureau (CFPB), responding to CFPB supervisory requests (including so-called PARR letters), Article 9 of the Uniform Commercial Code, lease-purchase transactions and consumer protection laws, such as the Telephone Consumer Protection Act (TCPA), Truth in Lending Act (TILA), Fair Credit Reporting Act (FCRA), Equal Credit Opportunity Act (ECOA), Electronic Funds Transfer Act (EFTA), Electronic Signatures in Global and National Commerce Act (E-SIGN), and UDAAP statutes prohibiting unfair, deceptive, and abusive acts and practices.

Mark serves as chair of the firm's TCPA Team and previously served as co-chair of the Electronic Financial Services Subcommittee of the American Bar Association's Consumer Financial Services Committee.

Experience 

Representative Matters

  • Assisted multiple Fintech companies in structuring and drafting all consumer-facing disclosures for their bank model consumer credit programs
  • Led regulatory due diligence on multiple companies in the consumer credit, small business financing, and direct to consumer markets
  • Counseled clients on text message marketing programs where prior express written consent is obtained via text message

Professional Highlights

Judicial Clerkships

Hon. Franklin S. Van Antwerpen, U.S. Court of Appeals for the Third Circuit

Professional Activities

American Bar Association, Vice Chair, Electronic Financial Services Subcommittee, 2012-2018

Ballard Spahr Strategic Planning Committee, 2017-present

Recognition & Accomplishments

Elected as a Fellow to the American College of Consumer Financial Services Lawyers, 2019

Chambers USA, leading practice in banking and finance: financial services regulation: consumer finance, compliance (Nationwide), 2017, 2019-2021; banking and finance: mainly regulatory (Pennsylvania), 2012-2021

The Legal 500 US, Finance - Financial Services: Regulatory, Next Generation Lawyer, 2017-2021

Speaking Engagements

"Using RCC’s After FTC’s Novel Payment Method Stipulated Order" Short-Term Loan Bar Association Annual Meeting, November 12, 2019

"Developments Regarding Fair Lending," and "The Rapidly Evolving Landscape for Fintech," Pennsylvania Bar Institute: Consumer Financial Services & Banking Law Update, October 29, 2019

"Asset Accounts: Payments, Regulation E, Prepaid Cards," Tenth Annual National Institute on Consumer Financial Services Basics, October 3, 2019

"Prescreening, Prequalifying and Postscreening in the Era of Big Data," American Bar Association: Business Law Section Annual Meeting, September 12, 2019

 

Board Memberships & Community Service

Lector at Our Mother of Consolation Parish, Philadelphia

Credentials 

Education

Temple University James E. Beasley School of Law (J.D., cum laude, 2006)
Note and Comment Editor, Temple Law Review

Loyola College in Maryland (B.B.A., cum laude, 1996)

Admissions

New Jersey

Pennsylvania

U.S. District Court for the Eastern District of Pennsylvania

U.S. Court of Appeals for the Third Circuit