Overview
Matthew P. Previn is a Chambers-ranked Litigation partner in the Consumer Financial Services practice at Paul Hastings. He has extensive experience representing financial institutions in commercial litigation and class actions, internal investigations, regulatory examinations 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 25 years of practice, he has represented many of the country’s leading financial services companies in precedent-setting matters.
Matthew has been recognized in Chambers USA as a leading lawyer nationwide for Consumer Finance Enforcement & Investigations, where clients note that he is “an exceptional lawyer who has the experience and intelligence to add immense value,” “a really remarkable strategic thinker,” a trusted advisor who “provides wonderful advice to important questions that we have in the banking/regulatory space” and who “has very clear intellectual talent for the law but can also explain it to the C-suite executives.”
Matthew represents national and state banks, mortgage originators and servicers, fintech companies, card issuers and other providers of financial products and services in commercial litigation and consumer class actions around the country. Chambers USA notes that Matthew is recognized “for his experience representing clients in state and federal litigation. He is routinely sought out for his counsel in mortgage cases.” In addition to his experience litigating commercial disputes, he has litigated dozens of consumer class actions arising under the Truth in Lending Act, Electronic Fund Transfer Act, Equal Credit Opportunity Act, Real Estate Settlement Procedures Act, Fair Credit Reporting Act, Fair Housing Act, Military Lending Act, and unfair and deceptive trade practices statutes.
Matthew routinely defends financial services companies in matters initiated by the CFPB, FTC, DOJ, HUD, OCC, FDIC and FRB. He also has an active state regulatory and enforcement practice, representing clients in matters before state attorneys general and state banking regulators, such as the New York Department of Financial Services and the California Department of Financial Protection and Innovation.
Accolades
- Chambers USA, Leading Lawyer, Consumer Finance Enforcement & Investigations
- The Legal 500, Leading Lawyer, Financial Services Litigation
Education
- Georgetown University, J.D., 1996 (with honors)
- Yale University, B.A., 1992
Representations
Current and recent representative regulatory and enforcement matters include the representation of:
- Major global fintech in an FTC investigation regarding the company’s products and services
- Leading financial technology company offering online consumer and small business loans in investigations by the FTC, CFPB and state regulators regarding loan origination and servicing practices
- National bank in investigation by the New York attorney general regarding deposit account practices
- Mortgage servicer in investigation by the Massachusetts attorney general regarding default servicing practices
- Leading national bank in joint CFPB and state attorney general investigation into alleged RESPA violations
- Large national bank in CFPB investigation regarding deposit fees
- Mortgage servicer in CFPB investigation regarding compliance with mortgage servicing rules
- National bank in CFPB investigation regarding compliance with the EFTA, Regulation E, and the prohibition against engaging in unfair practices under the Consumer Financial Protection Act
- Nonbank mortgage lender in CFPB investigation raising redlining allegations
- 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:
- State bank in commercial litigation against commercial borrower and other creditors for repayment on defaulted $50MM promissory note (N.Y. Sup. Ct., Commercial Div.)
- Mortgage lender in putative nationwide class action regarding rate locks; dismissed on summary judgment (D. Nev.)
- Mortgage servicer in a nationwide class action regarding customer enrollment in home service and home warranty plans; nationwide settlement reached (E.D.N.Y.)
- Financial technology company in putative nationwide class action alleging violations of Truth in Lending Act and Military Lending Act (S.D. Cal.)
- Financial technology company in litigation filed by New York attorney general alleging violations of GBL §§ 349-350 under Executive Law §63(12) (N.Y. Sup. Ct.)
- State bank in litigation filed by CFPB regarding prepaid debit cards (N.D. Tex.)
- Financial technology company in litigation filed by CFPB regarding lease-to-own transactions (C.D. Tex. and D. Utah)
- Credit card issuer in a class action regarding the reduction in credit lines and assessment of overlimit fees; nationwide class settlement reached (S.D.N.Y.)
- National bank in a putative nationwide class action alleging RESPA violations in connection with an alleged captive mortgage reinsurance arrangement; dismissal upheld on appeal (E.D. Pa.)
- Marketplace lender in a putative class action alleging unlawful lending under state law (D. Md.)
- Multiple financial institutions in qui tam actions brought under the FCA and state law corollaries (various)
Accolades
Engagement & Publications
- “Latest Threats to Bank Security: The Rise of AI Deepfakes, Accounts Payable Fraud, and Information on the Latest Threat Actors", PLI's Banking Law Institute, October 24, 2024
- “Regulatory Whiplash,” Cambridge Forums’ Forum on Consumer Finance Litigation and Enforcement, September 26, 2024
- “The CFPB Lives But The Battle Is Not Over: The Supreme Court Decision and Its Implications” Paul Hastings Consumer Financial Services Webinar Series, May 20, 2024
- “War on Junk Fees: A Cross-Industry Look at Regulation of Consumer Charges”, Paul Hastings Consumer Financial Services Webinar Series, April 10, 2024
- “Stated Priorities: Focal Points for State AGs and State Regulators”, Paul Hastings Consumer Financial Services Webinar Series, February 20, 2024
- “Consumer Financial Services: A Year in Review and Predictions for 2024”, Paul Hastings Consumer Financial Services Webinar Series, January 31, 2024
- “Expanding Enforcement and Considerations for Financial Institutions,” Cambridge Forums’ Forum on Consumer Finance Litigation and Enforcement, October 12, 2023
- “CFPB in Motion,” MBA Compliance and Risk Management Conference, September 11, 2023
- “Major Litigation Update”, MBA Legal Issues Conference, May 8, 2023
- “Wall Street Sweep: Handling Personal Devices, Ephemeral Messaging and Privacy Rights,” New York Law Journal, November 10, 2022
- “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