Brad Elbein counsels consumer financial services businesses in complying with the law and defends them when faced with enforcement actions. He brings an insider’s knowledge of the way regulatory agencies think, the way they investigate, and the way they settle or litigate enforcement cases.

Whether companies are faced with the challenge of complying with regulations and statutes, or confronted with litigation, Mr. Elbein uses his experience in government and private practice to identify what really bothers regulators or litigants. He then finds the most cost-effective way to resolve those challenges and get the clients back to doing business.

Among the types of companies that Mr. Elbein represents are: non-bank lenders, finance companies, advertisers and publishers, online auctions, auto dealers, debt collectors, debt buyers and sellers … and the occasional European chocolate manufacturer, health product maker, or medical marijuana marketer.

Mr. Elbein’s clients come from a wide number of markets: telemarketing and electronic marketing; lending; collections; advertising; automobile financing, sales and marketing; sales of financial products and services; and retail sales.

Clients seek Mr. Elbein’s counsel with statutes and regulations such as: TCPA, TSR, CAN-SPAM, E-SIGN, TILA and Reg. Z, TCPA, FTCA, CFPA (Dodd-Frank), UDAP and UDAAP, FDCPA, FCRA, , HIPAA, Deceptive Mail Prevention and Enforcement Act, CARD Act and Reg. E., and more. Mr. Elbein works with clients to proactively plan compliance practices in order to avoid the disruption of subpoenas and lawsuits.

Representative work

• Counsels companies in complying with the radically changing requirements of TCPA, TSR, CAN-SPAM and other statutes
• Works with a national online auction company to create compliance structures that blunted a regulator’s enforcement action
• Conducts compliance reviews of independent auto dealers and finance companies
• Assisted a European chocolates company in setting up a US subsidiary compliant with US marketing and advertising laws
• Helps online advertisers and their publishers produce FTC-compliant advertising
• Defends clients in different market segments in suits asserting violations ranging from consumer protection statutes, to consumer financial statutes like FDCPA and FCRA, to government contracting regulations