Evan R. Minsberg is a member of Venable's Regulatory group. He counsels lenders, lead generators, payments companies, fintech platforms, and other financial services providers on product development, regulatory, and transactional issues.
Mr. Minsberg routinely assists companies in understanding and obtaining necessary licenses and approvals to conduct mortgage, personal and commercial lending, lead generation and brokering, collections, credit sale, and money transmitter activities at both the state and federal levels. Given his significant experience in this area, Mr. Minsberg often counsels clients on the need for licenses and whether their services can be structured to meet the requirements of available licensing exemptions. Mr. Minsberg has worked with both consumer and commercial non-bank credit providers and is well versed in matters such as bank partnerships, "true lender" issues, and the application of state usury laws, including to complex products like revenue-based funding.
Mr. Minsberg counsels clients on issues under federal financial laws such as the Consumer Financial Protection Act, Bank Secrecy Act, Fair Debt Collection Practices Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Electronic Funds Transfer Act (Regulation E), Real Estate Settlement Procedures Act, Truth in Lending Act (Regulation Z), and other laws enforced by the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), the Financial Crimes Enforcement Network (FinCEN).
Mr. Minsberg also focuses on payment processing and money movement companies, including issues related to funds flow and account structure, money transmission, payment facilitation, and Bank Secrecy Act / Anti-Money Laundering requirements. In addition to regulatory issues, he assists clients in drafting sponsorship agreements, merchant processing agreements, and other payments industry contracts.
As an offshoot of counseling financial services providers on regulatory compliance and other issues, Mr. Minsberg is also active in performing due diligence on target companies in the lead generation, marketplace lending, and payments industries on behalf of private equity, venture capital, and commercial credit companies.
Prior to joining Venable, Mr. Minsberg worked on financial services regulatory matters for several years at a prominent global law firm.
Mr. Minsberg graduated cum laude from The George Washington University Law School and received his B.A. with honors from Haverford College.