Andy Arculin is a member of Venable's Regulatory Group and the firm's Consumer Financial Protection Bureau Task Force. He has nearly a decade of experience in consumer financial matters, both in private practice and with the federal government. Mr. Arculin advises a wide range of clients on the “alphabet soup” of consumer credit statutes and regulations, including the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA), the Equal Credit Opportunity Act (ECOA), the Home Mortgage Disclosure Act (HMDA), and other federal and state statutes and regulations.
Representative matters include:
- Implementation of the TILA-RESPA Integrated Disclosures (TRID), including development and implementation of policies and procedures, form design and testing, and addressing interpretive questions.
- Compliance with CFPB’s mortgage regulations, including the CFPB’s Ability-to-Repay/QM, HOEPA, Loan Originator, and Mortgage Servicing rules.
- Analysis of Marketing Services Agreements (MSAs) and affiliated business arrangements for compliance with RESPA Section 8.
- Development of mortgage servicing policies and procedures, including for loss mitigation and delinquency.
- Compliance with the TILA, ECOA, FCRA, and other consumer finance statutes for installment loans, credit cards, and other financial products.
- Counseling mortgage servicers and originators through examinations, investigations, and enforcement actions by the CFPB and other regulators.
- Evaluation of policies and procedures under the evolving standards for unfair, deceptive, and abusive acts and practices (UDAAP).
- Designing terms and disclosures for mortgage, credit card, and installment loan products and features.
- Designing and analyzing consumer credit and consumer lease advertisements for compliance with Regulation Z and Regulation M requirements and UDAAP.
Mr. Arculin also is a frequent speaker at industry conferences, and a recognized authority in the fields of mortgage banking and consumer financial protection regulation.
Prior to joining Venable, Mr. Arculin served as senior counsel in the Consumer Financial Protection Bureau's Office of Regulations. In this position, Mr. Arculin was responsible for the development and implementation of consumer financial services regulations under RESPA, TILA, ECOA, and other federal statutes. He served as lead attorney for the implementation of TRID and the 2013 amendments to various Dodd-Frank Act rules, including the Mortgage Servicing, Loan Originator, Ability-to-Repay/Qualified Mortgages, Escrows, and ECOA valuations rules. Mr. Arculin also played a key role at CFPB in educating the public and industry leaders about the Dodd-Frank mortgage rules and TRID.
Mr. Arculin began his career as an associate at an international law firm, representing financial institutions in cases under federal consumer finance laws, including RESPA Section 8, TILA; anti-discrimination laws; unfair and deceptive acts and practices laws; the U.S. Bankruptcy Code; and state property and foreclosure law. He also gained significant experience in complex commercial litigation and class actions and internal investigations and compliance.