Posternak Blankstein & Lund LLP is now Arent Fox. Read the press release

Fintech Background

FinTech

As rapid technological innovation reshapes how financial companies and consumers do business, major banks, retailers, lenders, and start-up companies face new regulations, penalties, and opportunities. We’re here to help.

Our Focus

Arent Fox counsels and advocates for clients on matters involving banking, payments, big tech, lending and personal finance, retailers, FinTechs, and venture capital. We regularly provide insightful advice in every facet of this space, including for example on issues of consumer credit reporting, Electronic Fund Transfer Act/Regulation E, Regulation CC, Truth in Lending Act/Regulation Z, Consumer Financial Protection Act, ESIGN Act, privacy and data security rules, Bank Secrecy Act/money transmission rules, Computer Fraud and Abuse Act, and Section 230 of the Communications Decency Act, and commercial agreements/product set-up.

Who We Help

  • Big data aggregators
  • Challenger banks
  • Companies navigating consumer financial services, regulations, and policy
  • Credit card companies
  • Debt collection agencies
  • Payment processors
  • Prepaid card providers
  • Start-up companies
  • Traditional banks
  • Venture capital and other investors

Our Work

Arent Fox provides banking and technology clients with a full scope of FinTech legal solutions. We routinely advise clients in the FinTech sector on nearly every financial tech legal issue and business consideration that technological innovation requires. At the same time, we help our clients achieve their business goals as new opportunities to expand, modernize, and better serve consumers arise. Our team is led by a former bank regulator whose perspective is particularly useful for companies in the FinTech space.

We advise clients in a broad array of industries. Our clients include start-up companies, major banks, retailers, payment processors, virtual currency service providers, individual investors, debt collection agencies, online lenders, prepaid card providers, and various FinTechs. This includes peer-to-peer lending companies, digital/mobile wallets, payments, financial data aggregators, consumer reporting, identity-theft protection, and exchanges.

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What We Do

  • Counsel on money services business and money transmission licensure requirements at the federal and state level
  • Defend start-up companies, debt collection agencies, online lenders, prepaid card providers, and major banks in investigations or examinations brought by federal or state agencies (bank regulators, FTC, state attorneys general, state banking departments)
  • Draft commercial agreements, consumer disclosures, Terms of Service, and Privacy Policies
  • Guide early stage through middle market companies in financing and M&A transactions
  • Obtain regulatory approvals in acquisition matters involving FinTech product lines
  • Provide product design advice for purposes of regulatory compliance, including for virtual currency service providers, consumer reporting agencies, and retailers
  • Advise lenders on every facet of the consumer or business lending space, including small business loans, mortgages, credit cards, overdraft protection, rent-to-own, payday lending, and lines of credit
  • Counsel clients on No-Action Letter or other Innovation Sandbox opportunities with federal or state regulators

Key Contacts