Overview
Matthew P. Previn is a partner in the Financial Services - Investigations, Regulation, and Litigation group at Paul Hastings, and is based in the firm’s New York office.
He has extensive experience representing financial institutions in a wide range of regulatory examinations, investigations, and enforcement actions brought by myriad government agencies. In addition, he counsels banks and other financial services companies on bank and consumer finance issues, and advises boards and executive management on regulatory expectations, new products and services, and corporate governance. During his more than two decades of practice, he has represented many of the country’s leading financial services companies in precedent- setting matters.
Mr. Previn represents national and state banks, mortgage originators and servicers, credit card issuers, fintech companies, and other providers of financial products and services in matters initiated by the Consumer Financial Protection Bureau (CFPB), Office of the Comptroller of the Currency (OCC), Federal Deposit Insurance Corporation (FDIC), Department of Justice (DOJ), Federal Trade Commission (FTC), and U.S. Department of Housing and Urban Development (HUD). He also has an active state regulatory and enforcement practice, representing clients in matters before state attorneys general and state banking regulators, including the New York Department of Financial Services and the California Department of Financial Protection and Innovation, as well as multi-state groups such as the Multistate Mortgage Committee (MMC).
Mr. Previn also defends financial services companies in consumer class actions around the country. He has defended dozens of class actions in state and federal courts nationwide on behalf of leading financial institutions. He litigated cases arising under the Fair Housing Act (FHA), Equal Credit Opportunity Act (ECOA), Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Credit Reporting Act (FCRA), Electronic Fund Transfer Act (EFTA), and unfair and deceptive trade practices statutes.
Recognitions
- Legal 500, Leading Lawyer, Financial Services Litigation, 2018
Education
- J.D., Georgetown University, 1996 (with honors)
- B.A., Yale University, 1992
Representations
Current and recent representative regulatory and enforcement matters include the representation of:
- Leading national bank in a joint CFPB and state attorney general investigation into alleged RESPA violations, resulting in a settlement with no admission of liability
- Leading national bank in a CFPB investigation regarding deposit practices and deposit fees
- Major nonbank mortgage servicer in a CFPB investigation regarding compliance with mortgage servicing rules
- Large national bank in a CFPB investigation regarding compliance with the EFTA, Regulation E, and the prohibition against engaging in unfair practices under the Consumer Financial Protection Act, resulting in a settlement with no admission of liability
- Leading financial technology company offering online consumer and small business loans in investigations by the CFPB, FTC, and state regulators regarding loan origination and servicing practices
- Major global fintech in an FTC investigation regarding the company’s products and services
- Mortgage lender in a CFPB investigation raising redlining allegations
- Leading national bank in an investigation by the New York Attorney General regarding deposit account practices
- Large national bank in False Claims Act (FCA) and Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) investigations by the U.S. Attorney’s Office for the Southern District of New York
- Numerous banks, credit unions, fintechs, and mortgage companies on regulatory matters regarding compliance management systems, analysis of UDAAP risks associated with new and existing products and services, the Bank Secrecy Act, and compliance with state laws
Noteworthy litigation matters include the representation of:
- Banks and nonbank mortgage lenders in putative class actions challenging the formation and operation of MERS
- Large mortgage servicer in a nationwide class action regarding customer enrollment in home service and home warranty plans; nationwide settlement reached
- Leading credit card issuer in a class action regarding the reduction in credit lines and assessment of overlimit fees; nationwide class settlement reached
- Leading national bank in a putative nationwide class action alleging RESPA violations in connection with an alleged captive mortgage reinsurance arrangement; dismissal upheld on appeal
- Marketplace lender in a putative class action alleging unlawful lending under state law
- Multiple financial institutions in qui tam actions brought under the FCA and state law corollaries
Engagement & Publications
- "Enforcement Trends," Cambridge Forums’ Forum on Consumer Finance Litigation and Enforcement, 2022
- "Is valid when made ... valid?" Women in Housing & Finance Partner Series webinar, 2020
- "Enforcement trends: Who is doing what and how?" at the Cambridge Forums Inc. Forum on Consumer Finance Litigation & Enforcement, 2018
- "Managing Risk in a Changing Regulatory Environment," iGlobal Forum 9th Specialty Finance Summit, 2018