Government Experience

  • Senior Counsel, Office of Regulations, Consumer Financial Protection Bureau

Bar Admissions

  • District of Columbia
  • Virginia (inactive)

Education

  • J.D., cum laude, Catholic University of America, Columbus School of Law, 2006
    Assistant Editor, Catholic University Law Review
  • B.A., University of Virginia, 1999

Judicial Clerkships

  • Honorable James C. Cacheris, U.S. District Court for the Eastern District of Virginia
T +1 202.344.4588
F +1 202.344.8300
 

R. Andrew Arculin

Partner

Andy Arculin is a partner in Venable's Regulatory Group and the firm's Consumer Financial Services Practice with more than a decade of experience in private practice and with the federal government. A veteran of the Consumer Financial Protection Bureau's Office of Regulations, he is a recognized practitioner and thought leader in the fields of consumer lending, Fintech, and mortgage banking. Andy was recognized by The Legal 500 for Financial Services, which noted "his expertise within the mortgage space."

Andy advises a wide range of clients on all aspects of the mortgage and consumer lending business, from chartering and licensing, to marketing and lead generation, to loan origination and servicing, to secondary purchase and due diligence. His practice focuses on the "alphabet soup" of consumer credit statutes and regulations, including the Truth in Lending Act (TILA); the Equal Credit Opportunity Act (ECOA); the Fair Credit Reporting Act (FCRA), the Real Estate Settlement Procedures Act (RESPA); the Home Mortgage Disclosure Act (HMDA); Unfair, Deceptive and Abusive Acts and Practices (UDAAP); and other federal and state statutes and regulations.

Andy's practice includes:

Advisory

  • Advising bank and non-bank clients on compliance with state and federal consumer protection laws for mortgages, installment loans, credit cards, and other financial products.
  • Counseling fintech companies, lead generators, and others seeking state licensure, charter, or strategic bank partnership in order to engage in lending, brokering, sales finance, and loan servicing business.
  • Designing terms and disclosures for mortgage, credit card, and installment loan products and features.
  • Advising banks and mortgage companies on compliance with TILA-RESPA Integrated Disclosures (TRID), Ability-to-Repay/QM, Loan Originator rule, HMDA, and Mortgage Servicing rules.
  • Analyzing Marketing Services Agreements (MSAs), affiliated business arrangements, co-marketing or co-branding agreements, and web-based lead generation platforms for compliance with RESPA Section 8.
  • Assisting mortgage originators and investors in structuring non-Qualified Mortgages ("Non-QM") and other first-generation products.

Supervision and Enforcement
  • Helping clients prepare for supervisory examinations, including pre-examination compliance and fair lending audits.
  • Assisting banks and non-bank clients in developing, testing, and implementing vendor management and third-party oversight programs.
  • Defending banks and larger market participants facing examinations or enforcement matters before the CFPB and federal banking regulators.
  • Defending non-bank financial services companies facing examinations, investigations, or enforcement matters before state regulators including the California Department of Business Oversight.
  • Assisting banks and non-bank financial services companies in negotiating examination findings and memoranda of understanding (MOU) and implementing supervisory remediation plans.

Andy 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, Andy served as Senior Counsel in the Consumer Financial Protection Bureau's Office of Regulations, where he 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 various CFPB rulemakings and played a key role at CFPB in educating the public and industry leaders about the Dodd-Frank mortgage rules and TRID.

Andy 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.