R. Andrew Arculin

Partner
Arculin Andrew

Andy Arculin is a thought leader in the fields of consumer lending, fintech, and mortgage banking who leverages his prior experience with the Consumer Financial Protection Bureau (CFPB) to provide informed counsel.  He advises a wide range of clients on all aspects of the mortgage and consumer lending business, including chartering and licensing; marketing and lead generation; loan origination and servicing; and secondary purchase and due diligence.

His work 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. His 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

Supervisory 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 service companies facing examinations, investigations, or enforcement matters before state regulators, including the California Department of Business Oversight
  • Assisting banks and non-bank financial service companies in negotiating examination findings and memoranda of understanding (MOU) and implementing supervisory remediation plans

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 brought 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 with complex commercial litigation, class actions, and internal investigations and compliance.

Experience

Government Experience

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

Insights

Credentials
+

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

Bar Admissions

  • District of Columbia
  • Virginia (inactive)

Clerk Experience

  • Honorable James C. Cacheris U.S. District Court for the Eastern District of Virginia

Professional Memberships and Activities

  • Member, District of Columbia Bar

Recognition
+

  • Listed in Legal 500, Finance - Financial Services Regulation, 2018 – noted for "his expertise within the mortgage space"