Overview
Aaron Mahler is a partner in the Consumer Financial Services, and Litigation group at Paul Hastings, and is based in the firm’s Washington, D.C., office.
Mr. Mahler has established himself as a valued counselor for financial services companies and individuals navigating government enforcement, litigation, and regulatory matters. He focuses much of his practice on representing bank and nonbank financial institutions in government examinations, investigations, and enforcement actions.
Mr. Mahler regularly counsels clients on issues dealing with intersecting business and compliance considerations.
Where he develops practical solutions to defend clients against regulatory investigations and actions, including those involving the Consumer Financial Protection Bureau (CFPB), state attorneys general, the Federal Trade Commission (FTC), the Federal Deposit Insurance Corporation (FDIC), the Department of Housing and Urban Development (HUD), the Department of Justice (DOJ), and the Federal Reserve. He handles cases involving unfair, deceptive, or abusive acts or practices under the Federal Trade Commission Act (UDAP, Section 5) and the Consumer Financial Protection Act (UDAAP, Section 1036), the Truth in Lending Act (TILA), the Fair Debt Collections Practices Act (FDCPA), the Equal Credit Opportunity Act (ECOA), the Fair Housing Act (FHA), the Telemarketing Sales Rule (TSR), and the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA).
Education
- University of Virginia, J.D., 2006 (Order of the Coif)
- Brigham Young University, B.A., 2003 (summa cum laude)
Representations
Mr. Mahler’s representations, many of which are nonpublic, have included:
- Numerous banks, nonbanks, and fintechs in CFPB examinations, investigations, and enforcement actions relating to business lines which include mortgage origination and servicing, student lending and servicing, deposit products, digital payments, and auto finance, including matters which were closed without further action
- A large lender, with numerous affiliates performing related services, in parallel investigations by several federal government agencies and a large group of state attorneys general
- Large national bank in a CFPB investigation regarding compliance with the Electronic Funds Transfer Act (EFTA) and Regulation E
- Nonbank institution in an FTC investigation alleging unfair and deceptive trade practices and Telemarking Sales Rule violations regarding the marketing and sale of products and services
- Several banks and nonbanks in fair lending investigations initiated by the DOJ, FDIC, CFPB, and HUD
- Former directors and officers with respect to regulatory proceedings and litigation involving troubled and failed financial institutions
- Participants in the student loan industry in investigations initiated by the CFPB, including matters closed without further action
- Bankruptcy trustees in special investigations and disputes with the FDIC over the ownership of certain assets, including tax refunds
Engagement & Publications
Publications
- Law360, “Expect CFPB Enforcement To Continue Ramping Up”, 2024
- Bloomberg Law, “Steps toward greater clarity in CFPB investigations,” 2019
- Bloomberg BNA, “Finding the purpose in bureau civil investigative demands,” 2018
- Law360, “All Student Loan Players Great and Small,” 2016
- Law360, “The CFPB's 'UDAAPification' of Consumer Protection Law,” 2014
- Law360, “Know the Standard of FDIC Liability for Community Banks,” 2013
- American Banker, “Prepare to Fight Suits Claiming Bias in REO Maintenance,” 2012
Speaking Engagements
- “Regulators always ring twice: Responding to a government request,” ALM Legalweek, 2022
- “Expanded role for the FTC ahead: Implications for bank and nonbank financial institutions,” American Bar Association Banking Law Committee Webinar, 2019
- “Regulation B/fair lending,” NAFCU Spring Regulatory Compliance School, 2019
- “The 2019 BCFP – A forward looking view,” Conference on Consumer Finance Law Consumer Financial Services Conference, 2018
- “Internal controls reviews and audits,” National Association of Federal Credit Unions Regulatory Compliance Seminar, 2018
Involvement
- Co-chair of the Agency Comments and Resolutions Subcommittee of the Banking Law Committee, Business Law Section, and the American Bar Association