Brian A. Turetsky

Of Counsel

New York

Tel 646.346.8030
Fax 212.223.1942

Brian Turetsky's practice focuses on the counseling and representation of banks and lenders in consumer financial services regulatory, compliance, and litigation matters. A former in-house counsel at an international bank, Brian provides practical advice to help mitigate risk for his clients while improving the customer experience for consumers.

Brian advises clients on a wide variety of matters involving federal and state consumer lending and payments laws, including those that apply to installment loans, auto finance, credit cards, mortgage loan servicing, student loans, rent-to-own products, sweepstakes/prize promotions, and military lending. Brian’s practice includes counseling on matters relating to the Truth in Lending Act (TILA), prohibitions on unfair, deceptive, or abusive acts and practices (UDAAP) under the Consumer Financial Protection Act (CFPA) and Federal Trade Commission Act (FTC Act), the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA), the Electronic Funds Transfer Act (EFTA), the Consumer Leasing Act (CLA), the Equal Credit Opportunity Act (ECOA), the Electronic Signatures in Global and National Commerce Act (E-SIGN), the Military Lending Act (MLA), Servicemembers Civil Relief Act (SCRA), and various FTC rules (e.g., CARS Rule, Holder Rule, and Telemarketing Sales Rule).

Services

Experience

Representative Matters

Drafted a comment letter to the CFPB on behalf of credit card issuers regarding substantive and procedural issues with its credit card late fee proposal.
Represented and advised clients in enforcement and supervisory matters before the CFPB, OCC, FDIC, NCUA, and state Attorneys General.
Drafted, reviewed, and revised enterprise-wide policies for financial institutions across a broad spectrum of consumer finance issues.

Prepared state law surveys across a variety of consumer lending issues, including licensed lending statutes, student lending, rent-to-own, and TCPA.
Assessed the applicability of state and federal laws to the products and services offered by major financial institutions.
Developed a database of regulatory actions and guidance related to unfair and deceptive acts and practices.
Drafted sweepstakes rules for a variety of businesses and promotions and advised on compliance with federal and state laws related to prize promotions and unfair and deceptive acts and practices.
Developed training for a payment Fintech to identify merchants that may be subject to federal student loan lending laws and regulations.
Advised clients in the redesign of their credit card dispute process.
Seconded to a major financial institution to provide legal support to its private label credit card business.
Assisted many clients across a variety of industries with drafting consumer-facing agreements and disclosures, including credit card agreements, retail installment sales contracts, subscription agreements, loan purchase agreements, and payment authorizations.
Advised on electronic contracting considerations under state and federal law and drafted an enterprise-wide policy to ensure compliance.
Advised clients on new lending product structures and considerations.
Revised enrollment agreements and collections policies for an institution of higher education.
Conducted regulatory due diligence reviews related to the acquisition of loan portfolios.
Provided federal and state law advice regarding consumer communications campaigns, including telephone calls and text messages.
Counseled clients on considerations for the product structure and documentation of lease and rent-to-own agreements.
Managed all phases of litigation on a portfolio basis for national banks, credit card issuers, and mortgage servicers.
Represented major financial institution in negotiation and response to an OCC Consent Order regarding Sworn Documents, Collections Litigation, and the SCRA.
Participated in negotiation of the National Mortgage Settlement on behalf of a major financial institution.
Conducted internal investigations and reviews on behalf of several major financial involving consumer sales practices; SCRA, collections practices; the Federal Reserve’s Borrower-in-Custody Program; and VA/FHA claims processes.
Represented major financial institution in defense and settlement of a major SCRA class action.
Represented Audit Committee chaired by former SEC Chairman Arthur Levitt in investigation into the City of San Diego’s pension system and certain bond matters.
Represented Audit Committee of a major technology firm in an investigation of accounting irregularities.

Professional Highlights

Pro Bono Experience

Lawyers for Good Government, Reproductive Health Legal Assistance Project

Florida Rights Restoration Coalition, Voting Rights Restoration Project

Professional Activities

American Bar Association Consumer Financial Services Committee

District of Columbia Bar Association

New York Mortgage Bankers Association Legislative Affairs Committee

New York State Bar Association

Speaking Engagements

Presenter, The CARS Rule – What You Need to Know About the FTC's Final Motor Vehicle Dealer Trade Regulation Rule, January 2024

Presenter, Private Label Risk Management Roundtable, November 2023

Presenter, Abusive Acts and Practices Under the CFPA: The CFPB's New Policy Statement, September 2023

Presenter, The CFPB Under Director Chopra, February 2023

Publications

Co-author, "Billing Error Resolution," ABA Treatise – The Law of Truth in Lending, 4th Ed., John L. Ropiequet and Lynette I. Hotchkiss, Editors, 2023

Regular contributor to Ballard Spahr's Consumer Finance Monitor blog.

Related Insights

Credentials

Education

Georgetown University Law Center (J.D. 2002)
Editor-in-Chief, The Georgetown Journal of Legal Ethics

University of Wisconsin-Madison (B.A. 1995)

Admissions

New Jersey