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Richard Gottlieb chairs the firm’s Financial Services Department, and likewise leads the firm’s Banking Response Task Force.
In his more than three decades of practice in financial services, Richard has counseled and successfully defended the largest banks, consumer lenders and related companies in multiple bet-the-company class action and B2B litigation, mortgage-backed securities litigation arising from loan defaults (including with respect to loan workouts and buyback disputes), regulatory and enforcement matters, and with respect to large-scale intellectual property disputes.
As a significant component of his practice, Richard provides ongoing counseling to consumer-facing companies concerning their compliance with federal and state consumer protection law, privacy and data security laws, and with respect to consumer loan terms, conditions and disclosures. He likewise prepares, reviews and updates client terms of use, terms and conditions, required privacy disclosures and opt out rights, advertisements, web content and related materials for compliance with constantly changing federal and state law.
Richard has long represented some of the largest companies in major enforcement matters brought by both federal and state agencies, as well as by state attorneys general. For example, during the 2009-11 foreclosure crisis, Richard led the team that negotiated with a multi-state group of state attorneys general and federal banking regulators, working on behalf of two of the largest banks that resolved these disputes. He has also defended multiple enforcement investigations and public enforcement actions brought by agencies such as the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC).
Richard literally “wrote the book” on consumer finance. He is the founding, senior editor and co-author of the Consumer Financial Services Answer Book, the leading consumer credit desk reference, published annually by Practicing Law Institute. Richard is also one of just a dozen lawyers nationally ranked by Chambers & Partners in the category of Financial Services Regulation-Consumer Finance every year since Chambers' creation of the category.
Richard received his LL.M from Georgetown University Law Center; his J.D. from the State University of New York at Buffalo; and his B.A., cum laude, from Vanderbilt University. He is an active member of the California, District of Columbia, Illinois, and New York bars.
Representation of one of the largest global banks in successful negotiations with state agency and federal banking regulator to resolve one of the largest enforcement actions in U.S. history.
Representing large U.S. bank in breach of contract and trade secret litigation against major food delivery and ride service.
Representing US fintech and analytics firm in negotiations with major SaaS provider to develop cutting edge technology in retail industry.
Outside general counsel to major consumer finance direct marketing firm and its financial holding company with respect to compliance and legal oversight of global operations.
Fergerstrom v. PNC Bank, N.A. (9th Cir. Feb. 19, 2020). Affirming grant of summary judgment and denying request for judicial notice in consumer mortgage class action based on alleged technical violations of Hawaii law.
FM Industries v. Citicorp Credit Services, Inc., 614 F.3d 335 (7th Cir. 2010). Affirming award of sanctions and fees against plaintiff and its counsel in software-based copyright action.
Wahl v. Midland Credit Management, Inc., 556 F. 3d 643 (7th Cir. 2009). Affirming grant of summary judgment in certified FDCPA class action, and broadly holding that an alleged false claim must likewise mislead unsophisticated consumers to be actionable, notwithstanding disjunctive language in statute.
Murray v. New Cingular Wireless, et al.; Bruce v. KeyBank N.A., 523 F.3d 719 (7th Cir. 2008). Broadly rejecting "firm offer" FCRA lawsuits based on theory that mailings lacked value or that law requires all material terms in the initial mailer. This ruling effectively overrules Cole v. U.S. Capital (7th Cir. 2004).
Guise v. BWM Mortgage LLC, 377 F.3d 795 (7th Cir. 2004), aff'g 2003 U.S. Dist. Lexis 14914 (N.D. Ill. Aug. 25, 2003). Concluding that solely the unreasonable portion of any excessive charge may be attributed to finance charge in determining tolerances under TILA.
Letvin v. Lew (6th Cir. 2015). Affirming dismissal of putative class action alleging Fair Housing Act and related violations.
Fergerstrom v. PNC Bank, N.A., 342 F. Supp. 3d 1029 (D. Haw. 2018), aff’d (9th Cir., Feb. 19, 2020) (unpublished). Granting summary judgment and denying class certification in consumer real estate action based on alleged technical violations of Hawaii law.
McGann v. PNC Bank, National Association. Granting summary judgment to bank defendant in putative class action alleging right to permanent mortgage loan modifications.
Phillips v. Ocwen Loan Servicing LLC. Granting summary judgment to nonbank mortgage servicer in putative class action alleging attempted wrongful foreclosure, misapplication of payments and assessment of improper fees.
Vangsness v. Deutsche Bank National Trust Company. Granting summary judgment in suit against mortgage servicer alleging RESPA, Illinois Consumer Fraud Act and related claims.
Johnston v. Nationstar Mortgage, LLC. Granting motion to dismiss in putative class action alleging improper loan modification practices.
Goode v. PennyMac Loan Services, LLC. Granting motion to dismiss in suit alleging TILA, RESPA and wrongful foreclosure claims.
Wolfkiel v. Ocwen Loan Servicing. Granting motion to dismiss, in part, alleging claims under Telephone Consumer Protection Act and striking certain class allegations.
Carthan-Ragland v. Standard Bank & Trust. Dismissing fraud and RICO claims against mortgage lender and servicer.
Reitz v. Nationstar Mortgage LLC. Rejecting motion for jurisdictional discovery on pending Rule 12(b)(2) motion.
Alabi v. Homecomings Financial LLC. Dismissing claim that lender misled borrower regarding loan obligations.
Long v. OneWest Bank, FSB. Dismissing foreclosure challenge by owner of out-of-state commercial property.
Benito v. Indymac Mortgage Services. Granting summary judgment to mortgage lender under multicount class action complaint alleging right to loan modifications under Home Affordable Modification Program (HAMP).
Smith v. Under Armour, Inc. Concluding that FACTA statute's "truncation" requirements do not apply to online receipts.
FM Industries, Inc. v. Citicorp Credit Services, Inc. Denying reconsideration of dismissal and ordering plaintiff and its counsel to pay fees in defending action and as sanctions.
Gros v. Midland Credit Management, Inc. Granting summary judgment to debt collector in FDCPA action, and rejecting several different liability theories.
Cedeno v. Indymac Bancorp, Inc. Dismissing putative class action alleging systemwide real estate appraisal violations on federal preemption and related grounds.
Sadler v. Midland Funding NCC-2 Corp. Denying motion for class certification in FDCPA action based on difficulty in ascertaining identification of class members from company records.
Megitt v. Indymac Bank, F.S.B. Granting motion to dismiss putative class action.
In re H&R Block Mortgage Corp. Prescreening Litigation. Denying motion to strike affidavits supporting summary judgment motions, and rejecting argument that defendant more broadly waived attorney-client privilege.
FM Industries, Inc. v. Citicorp Credit Services Inc. (USA). Granting summary judgment to client defendants in copyright infringement litigation arising out of use of debt collection software.
Wahl v. Midland Credit Mgmt. Granting summary judgment to debt purchaser in Fair Debt Collection Practices Act putative class action based on theory that debt purchaser misled consumer with respect to amount of principal balance.
Murray v. Indymac Bank, F.S.B. Granting summary judgment to bank in "firm offer of credit" class action, based on conclusion, as matter of law, that plaintiff failed to prove willful violation of Fair Credit Reporting Act.
Forrest v. Secured Funding Corp. Granting summary judgment to lender based on showing that Experian database was not a "consumer report" within meaning of FCRA.
Bruce v. KeyBank N.A. Granting summary judgment to lender in FCRA prescreened offer litigation based on failure to demonstrate willfulness.
Spencer v. Mortgage Acceptance Corp. Granting motion to dismiss federal claims under Rooker-Feldman doctrine, and awarding sanctions against plaintiff's counsel "to deter future conduct...detrimental to the administration of justice."
Berke v. KeyBank N.A. Applying Illinois "voluntary payment doctrine" and affirming grant of summary judgment in putative class action based on "excess wear and tear" violations under automotive lease.
Deimund v. Homecomings Financial Network, Inc. Applying Rooker-Feldman doctrine to dismiss claims arising out of state court foreclosure action.
Bonner v. H&R Block Mortgage Corp. Dismissing FCRA putative class action to the extent based on alleged violations of 15 U.S.C. 1681m.
Scott v. IndyMac Bank, FSB. Adopting novel theory on finance charge disclosures under TILA that allows retroactive setoff of overstated component charges.
Electric Insurance Company, et al. v. National Union Fire Insurance Company of Pittsburgh. Granting summary judgment to plaintiffs in breach of contract and equitable contribution action.
Wade v. New Century Mortgage Corp. Dismissing putative TILA class action based on excess title insurance fees.
Schmit v. Trans Union LLC. Granting summary judgment to bank defendant with respect to Fair Credit Reporting Act claims.
Marquez v. New Century Mortgage Corp. Motion for reconsideration denied, 2004 U.S. Dist. Lexis 14410 (N.D. Ill. July 27, 2004), dismissing putative TILA class action based on allegedly understated finance charges.
Watson v. CBSK Financial Group, Inc. Dismissing all class action RESPA and state law claims based on receipt by broker of excess yield spread premium.
Representation of two major overseas banks in United States operations and licensing matters.
Representation of multiple lenders on COVID-19 pandemic related issues.
Representation of national mortgage lender with respect to longstanding dispute with Fannie Mae and Freddie Mac.
Representation of multiple lenders throughout the country in the defense of putative class actions alleging a failure to pay agent fees with respect to Payment Protection Program loans issued under the federal CARES Act.
Defense of multiple consumer lenders and servicers in CFPB enforcement matters.
Defense of mortgage servicer in trade secrets litigation alleging theft of confidential information.
Lead counsel in federal suit alleging that owner of mortgage servicing platform violated federal antitrust laws.
Representation of multiple bank defendants in suits by successor to largest private purchaser of mortgage loans, seeking repurchase and indemnification arising out of sale of billions of dollars in mortgage loans into residential mortgage-backed securities.
Representation of servicers and mortgage lenders in connection with attorney general, state banking and federal agency investigations arising out of alleged defects in residential foreclosure processes.
Representation of mortgage lenders in defense of putative class actions alleging race discrimination in the extension of credit under the Fair Housing Act (FHA), Equal Credit Opportunity Act (ECOA), and other discrimination statutes.
Representation of retailers, financial services companies, debt collectors and other entities in defense of putative class actions alleging "blast fax," automated dialer, and related claims under the Telephone Consumer Protection Act (TCPA).
Representation of major financial institution in multimillion-dollar dispute over servicing transfer rights in connection with large commercial property.
Representation of lenders, servicers and insurers in connection with audits, market conduct examinations, civil investigative demands (CIDs), subpoenas, grand jury matters and enforcement activities.
Defense of individual and putative class actions alleging violations by lenders of federal Truth in Lending Act (TILA), Home Owners Equity Protection Act (HOEPA) and related statutes and regulations.
Defense of putative class actions against collection agencies and debt purchasers alleging violations of Fair Debt Collection Practices Act (FDCPA).
Prosecution and defense of numerous commercial, consumer and insurance arbitrations and mediations.
Defense of mass actions and putative class actions alleging improper denial of loan modifications under federal Home Affordable Modification Program (HAMP).
Representation of major mortgage servicers and lenders in hundreds of actions seeking to circumvent residential foreclosures.
Fellow, American College of Consumer Financial Services Lawyers
Fellow, American College of Mortgage Attorneys
Board of Governors, Conference on Consumer Finance Law
Member, Federation of Defense and Corporate Counsel
Quoted, “Stimulus law may put disputes over PPP agent fees to rest for banks,” American Banker, December 29, 2020.
Quoted, “‘Enigmatic’ CFPB chief could drop more surprises in a second Trump term,” American Banker, October 2, 2020.
Quoted, “Banks, consumers groups to CFPB: Don't rush overhaul of redlining law,” American Banker, August 11, 2020.
Quoted, “FHFA's challenge: Convincing Supreme Court it's not CFPB,” American Banker, July 14, 2020.
Quoted, “FHFA leadership structure on shaky ground after CFPB ruling,” American Banker, July 6, 2020.
Quoted, “Kraninger wants more money for CFPB. White House has a different plan.” American Banker, February 20, 2020.
Quoted, “Software Provider Seeks Ax Of Loan Servicer's Antitrust Suit,” Law360, January 3, 2020.
Quoted, “What CFPB’s Day in Court Will Mean for FHFA,” American Banker, November 1, 2019.
Quoted, “What Supreme Court case means for CFPB’s future,” American Banker, October 21, 2019.
Mentioned, “Ford Motor Credit Demands $112M From Dealership Chain for Fraud Scheme,” Auto Finance News, January 14, 2019.
Quoted, “CFPB walks tightrope in effort to define ‘abusive ’ practices,” American Banker, November 11, 2018.
Quoted, “In a twist, Mulvaney now defending CFPB enforcement powers,” American Banker, July 25, 2018.
Quoted, “NY Ruling Could Fuel Push To Turn CFPB Into Commission,” Law360, June 25, 2018.
Quoted, “Chaos atop CFPB could get worse after appeals court ruling,” American Banker, June 26, 2018.
Quoted, “Another judge says CFPB structure is unconstitutional,” American Banker, June 21, 2018.
Interviewed, “Analysis: For Smallest Banks, Regulatory Relief Bill Not a Game Changer,” SNL Financial, May 25, 2018.
Interviewed, “Mulvaney response to CFPB data security gaps baffles cyber experts,” American Banker, April 23, 2018.
Quoted, “A $1B Wells Fargo Fine Would Be Largest Against a Bank in CFPB History,” SNL Financial, April 19, 2018.
Quoted, “CFPB's Mulvaney shows lighter touch with tribal lenders,” American Banker, March 16, 2018.
Interviewed, “Deregulation Comes to Consumer Finance,” American Lawyer, February 12, 2018.
Interviewed, “What happens to CFPB if Mulvaney becomes Trump's chief of staff?,” American Banker, February 9, 2018.
Quoted, “With bipartisan support, bill to undo Obama-era 'Operation Choke Point' awaits action in Senate,” Legal NewsLine, January 22, 2018.
Quoted, “Consumer bureau dropping lawsuits but states are filling the gap, lawyers say,” S&P Global, January 3, 2018.
Quoted, “CFPB’s Constitutionality Question Doesn’t End With Cordray’s Departure,” American Banker, November 22, 2017.
Quoted, “What Lawyers Are Saying About Richard Cordray's CFPB Departure Plans,” The National Law Journal, November 15, 2017.
Quoted, “Cordray’s Departure Brings Back CFPB Leadership Questions,” Law360, November 15, 2017.
Interviewed, “Radical Changes Ahead for CFPB After Cordray Departure,” American Banker, November 15, 2017.
Quoted, “Did CFPB’s Cordray Fake Out Trump and GOP?,” American Banker, November 9, 2017.
Quoted, “End of the line for anti-arbitration rule? Maybe not,” Business Insurance, October 31, 2017.
Quoted, "Inside Cordray’s Ill-Fated Gamble on CFPB Arbitration Rule," American Banker, October 26, 2017.
Quoted, “Banks Watch Top Court on Arbitration, Transfers, Whistle-Blowers,” Bloomberg BNA, July 27, 2017.
Interviewed, “Junk Fax Class Certification Exposes Federal Consent Disparity,” Bloomberg BNA, June 24, 2016.
Quoted, “Data Grab in CFPB's Arbitration Plan Spooks Industry,” American Banker, May 18, 2016.
Interviewed, “Attorneys React to High Court's Spokeo Ruling,” Law360, May 16, 2016.
Quoted, “Life Just Got Harder for Class-Action Lawyers as Court Rejects 'No-Injury' Cases,” Forbes, May 16, 2016.
Quoted, “Five Things to Watch in CFPB's Arbitration Proposal,” American Banker, May 3, 2016.
Quoted, “Class Actions to Watch in 2016,” Law360, December 24, 2015.
Quoted, “High Court Takes Ch. 7 Lifeline From Underwater Debtors,” Law360, June 1, 2015.
Quoted, “Class Actions to Watch in 2015,” Law360, January 2, 2015.
Richard Gottlieb Profiled in SUNY Buffalo Law Philanthropy Magazine, December 3, 2013.
Lead Editor and Co-author, Consumer Financial Services Answer Book (2024 Edition), Practising Law Institute, August 2023.
Co-authored, “What FTC's 'Penalty Offense Notices' Mean For Companies,” Law360, October 19, 2021.
Quoted, “5 Questions After High Court’s Ruling In FHFA Challenge,” Law360, June 25, 2021.
Co-authored, “Mortgage Servicers Should Prepare To Be In CFPB Crosshairs,” Law360, June 3, 2021.
Co-authored, “OCC Hits the Brakes on Crypto and Fintech: What Next?,” SecuritiesOperations, June 1, 2021.
Quoted, “Confusion over CFPB underwriting rule persists,” American Banker, May 7, 2021.
Quoted, “The Coming Russell Rebalancing Judgment Day,”Bank Director, May 4, 2021.
Author, “CFPB's Busy 2020 May Foretell Regulatory Uptick Ahead,” Law360, January 15, 2021.
Quoted, “CFPB, OCC on collision course over who regulates fintechs,” American Banker, January 12, 2021.
Co-author, “Traps For The Unwary In Class Actions Targeting PPP Lenders,” Law360, May 26, 2020.
Co-author, “Four-Way Stalemate: Recent Developments in Regulatory Compliance for Fintech Companies and Marketplace Lenders,” Business Lawyer, Vol. 75, No. 2, Spring 2020.
Co-author, “6 CFPB Areas To Watch In 2020,” Law360, January 28, 2020.
Lead Editor, Consumer Financial Services Answer Book (2020 Edition), Practising Law Institute, September 2019.
Co-author, “Mortgage Industry in Flux: Fewer Regulatory Headwinds, but Technology and Higher Interest Rates Present Ongoing Challenges,” MBA Insights, February 25, 2019.
Co-author, “Two Trials and Other Developments as RMBS Litigation Continues Unabated,” Business Lawyer, Vol. 73, No. 2, Spring 2018.
Co-author, “Interest on Escrow Funds? Yes, Even From National Banks, Says Ninth Circuit in 'Lusnak,'” The Recorder, April 9, 2018.
Lead Editor, Consumer Financial Services Answer Book 2017, Practicing Law Institute, June 2017
“CFPB Enforcement,” Consumer Financial Services Answer Book 2017, June 2017
“Consumer Loan Products and the Federal Regulation of Consumer Credit," Consumer Financial Services Answer Book 2017, June 2017
“Servicemembers Civil Relief Act & Military Lending Act,” Consumer Financial Services Answer Book 2017, June 2017
“Service Providers and Vendor Management,” Consumer Financial Services Answer Book 2017, June 2017
Co-author, “ACE in the Hole: Developments since ACE Securities in Residential Mortgage-Backed Securities Litigation,” Business Lawyer, Vol. 72, Iss. 2, Spring 2017.
Co-author, “Court to CFPB: Unconstitutional and Wrong on RESPA,” JD Supra, October 11, 2016.
Author, “First Nail in the Coffin for No-Injury Suits? Supreme Court Makes Clear the Days of Hyper-Technical Lawsuit Claims May Be Over,” ABA Consumer Financial Services Newsletter, July 2016.
Co-author, “Madden High Court Denial—Much Ado About Not Much,” Law360, June 27, 2016.
Co-author, “Greener Pastures Ahead for Class Action Bar,” Daily Journal, May 2016.
“Recent Developments in Residential Mortgage Backed Securities Litigation,” Business Lawyer, Vol. 71, Iss. 2, April 11, 2016.
“Class Action Settlement Considerations: Ten Tips for a Successful Settlement (The Case Law),” Federation of Defense & Corporate Counsel Insights, December 2015.
Lead Editor, Consumer Financial Services Answer Book 2016, Practising Law Institute, October 2015.
“Consumer Loan Products and the Federal Regulation of Consumer Credit,” Consumer Financial Services Answer Book 2016, October 2015.
“Telemarketing and the Telephone Consumer Protection Act,” Consumer Financial Services Answer Book 2016, October 2015.
“High Court Win is No Cure-All for Subordinate Lien Market,” Law360, June 1, 2015.
“Succession Planning Part 2: Communicating with Family Members After the Death of a Customer,” Illinois Banker Magazine, January-February 2015.
Lead Editor, Consumer Financial Services Answer Book 2015, Practising Law Institute, October 2014.
“Consumer Loan Products and the Federal Regulation of Consumer Credit,” Consumer Financial Services Answer Book 2015, October 2014.
“Telemarketing and the Telephone Consumer Protection Act,” Financial Services Answer Book 2015, October 2014.
Co-Editor and Co-Author, Consumer Financial Services Answer Book 2014, Practising Law Institute, December 2013.
“Attorneys Caught in the CFPB's Cross Hairs,” Los Angeles Daily Journal, November 19, 2013.
“Spotlight on the Short-Term Credit Crackdown,” Law360, October 2, 2013.
“Reckless Abandon: Vacant Property Ordinances Create Legal Uncertainties,” Business Lawyer, Vol. 68, Iss. 2, February 2013.
“Eminent Domain: Will Local Governments Attempt to Use This Extraordinary Power to Purchase Troubled Residential Mortgages?,” Banking and Financial Services Policy Report, November 2012.
Co-Editor and Co-Author, Consumer Financial Services Answer Book 2012-13, Practising Law Institute, 2012.
Lead Editor, Consumer Financial Services Answer Book 2011, Practising Law Institute, 2011.
“The Foreclosure Firestorm: ‘Robo-Signing’ Allegations Have More Bark Than Bite,” Business Lawyer, Vol. 67, Iss. 2, February 2012.
“Consumer Loan Products and the Federal Regulation of Consumer Credit,” Consumer Financial Services Answer Book, 2011.
“Update on Loan Modification Litigation,” Business Lawyer, Vol. 66, Iss. 1, November 2010.
“Under the Microscope: Credit Card Interest Rate ‘Floors’ Have Been Swept Clean and Will Soon Be a Think of the Past,” Consumer Financial Services Law Report, March 2010.
“Update on Municipal Nuisance and Discrimination Litigation,” Business Lawyer, Vol. 65, Iss. 2, February 2010.
“Defending the Adequacy of Disclosures in Non-Traditional Mortgage Products,” The Review of Banking and Financial Services, June 2009.
“Is Wall Street Responsible for Destroying Main Street?,” Business Torts Journal, Spring 2009.
“Litigation Against Banks in FDIC Receiverships,” Banking and Financial Services, November 2009.
“When Bad Things Happen to Good Cities: Are Lenders to Blame?,” Business Law Today, July/August 2008.
“Fair Credit Reporting Act Update: Firm Offers, Willfulness, Adverse Action, and Receipt Truncation,” Business Lawyer, Vol. 63, Iss. 1, November 2007.
“Selective Burdens: Illinois Enacts a Broad Predatory Lending Statute,” Consumer Finance Law Quarterly, Fall 2007.
“Recent ‘Unfair and Deceptive Acts and Practices’ Litigation Developments in the Midwest,” Practising Law Institute, 2007.
“Firm Offers of Credit: Recent Developments,” Consumer Finance Law Quarterly, Fall 2006.
“Recent Developments in Fair Credit Reporting Act Litigation: "Prescreened" Offers of Credit and Insurance,” Practising Law Institute, 2006.
“Learning About HMDA,” Origination News, June 2006.
“Firm Offer of Credit Litigation Under the Fair Credit Reporting Act,” The Review of Banking and Financial Services, May 2006.
“Class Action Fairness Act 2005 - Potential Pitfalls for Defendants,” Andrew's Class Action Litigation Reporter, October 2005.
“Under Attack: The Seventh Circuit Weighs In On Prescreened Offers of Credit,” Consumer Finance Law Quarterly, Spring 2005.
“New Class Action Law Contains Pitfalls for Defendants,” Chicago Lawyer, April 2005.
“Taming Class Actions: Keeping Best Practices in Mind,” Risk Management, February 2005.
“Proposed Illinois Motor Vehicle ‘Truth in Financing’ Legislation,” Consumer Finance Law Quarterly, Fall 2004.
“The Illinois High Risk Home Loan Act: Yet Another Jurisdiction Tackles Predatory Lending,” Consumer Finance Law Quarterly, Fall 2004.