Eric T. Mitzenmacher

• Advised marketplace lenders on program development and bank partnership design, including guidance on statutory and case law developments affecting the scope of preemption under federal banking laws.
• Advised multiple point-of-sale retail financing programs operating under different business models—including direct lenders, sales finance companies, and marketplace lending platforms—on program development, product design, licensing, consumer-facing documentation, and policies and procedures.
• Advised a home improvement lending platform operating under a bank partnership model on program development, compliance management, consumer-facing documentation and processes, and specific compliance policies and procedures.
• Advised multiple consumer credit card companies on program development and day-to-day compliance, including development of cardholder agreements and disclosures, and compliance with requirements under federal consumer financial laws such as ECOA, EFTA, FCRA, MLA, SCRA and TILA.
• Advised multiple companies on the development of mortgage alternatives for financing residential home purchases and improvements, including shared appreciation and equity-based products.

Transactional Due Diligence

• Conducted regulatory due diligence reviews of marketplace lenders operating under bank partnership models in connection with clients’ extension of warehouse lines of credit and/or acquisition of general-purpose unsecured consumer loans or student loans (or receivables).
• Conducted regulatory due diligence reviews of retail and home improvement financing companies, including direct lenders and sales finance companies, in connection with clients’ extension of warehouse lines of credit and/or acquisition of loans or receivables.
• Conducted regulatory due diligence of a credit card issuer and its servicer in connection with a client’s purchase of receivables from multiple retail credit card programs.
• Conducted regulatory due diligence of lead generators, credit services businesses, and online lending platforms in connection with clients’ equity investments in such companies.
• Conducted regulatory due diligence of business-purpose financing programs, including fix-and-flip mortgage lending, receivables factoring, and merchant cash advances, in connection with clients extension of warehouse lines of credit and/or equity investments.
• Advised on the consumer financial regulatory content of securities disclosures in connection with securitizations of marketplace lending and credit card receivables.

Examination Preparation and Enforcement

• Conducted a mock CFPB examination of an auto finance company, including review of policies and other documentation provided by the company, as well as on-site interviews of operational, legal, and compliance personnel.
• Assisted a retail financing company operating under a bank partnership model in providing responses in connection with a FDIC examination of its partner bank.
• Represented a consumer reporting agency in a CFPB investigation regarding compliance obligations under FCRA.
• Represented banks in connection with fair lending investigations conducted by the CFPB, DOJ, and HUD regarding issues such as alleged redlining and discrimination in REO property maintenance activities.

Pro Bono

• Representing a Virginia prisoner in an ongoing habeas petition seeking protections afforded to juvenile offenders under Miller v. Alabama.
• Represented a Virginia couple in federal litigation against a mortgage/foreclosure relief scam, resulting in settlement.

Yale Law School, JD
Managing Editor, Yale Law and Policy Review

Stanford University, BA, with distinction

Stanford University, BS, with distinction

Barreau

• District of Columbia
• Virginia

Tribunal

• US Supreme Court
• US Court of Appeals for the Fourth Circuit
• US District Court for the Eastern District of Virginia
• US Court of Appeals for Veterans Claims

• American Bar Association