Austin Brown

Partner
Co-Chair, Financial Regulation and Technology
About

Austin Brown is a trusted advisor to a wide range of financial services companies, guiding them through complex compliance, enforcement, and litigation challenges. He counsels institutions on investigations, enforcement proceedings, class action defense, compliance strategy, product development, regulatory examinations, internal corporate investigations, and transactional diligence.

Austin’s practice spans a variety of issues impacting financial services providers, including unfair, deceptive, or abusive acts or practices (UDAAP); credit reporting (FCRA); debt collection (FDCPA); consumer disclosures (TILA); electronic fund transfers (EFTA); loan servicing; mortgage lending (RESPA, HMDA); Bank Secrecy Act and anti-money laundering compliance; debanking; student lending; and unsecured lending.

He brings extensive experience in emerging areas such as payments, digital assets, and artificial intelligence, helping clients navigate novel regulatory and enforcement risks. Austin has advised institutions on issues ranging from product development, sales and marketing, and banking services, to financial and accounting fraud, contract disputes, pricing and underwriting, credit reporting, and servicing and collection.

In addition to counseling on compliance and risk management systems, Austin defends financial institutions in investigations and enforcement actions brought by the Federal Trade Commission (FTC), the U.S. Department of Justice (DOJ), state attorneys general, and the Consumer Financial Protection Bureau (CFPB). He also regularly represents clients before prudential regulators—including the OCC, FRB, and FDIC—on compliance, examination, and supervisory issues.

Bar admissionsDistrict of ColumbiaMaryland

EXPERIENCE

Notable Representations
  • Numerous companies and individuals in investigations by the FTC relating to marketing, lending and loan servicing practices under UDAP
  • An FDIC-regulated bank in successfully appealing material supervisory determinations before the FDIC's Supervision Appeals Review Committee
  • A large national bank in conducting UDAAP risk assessments of all of the bank's consumer products and services
  • A large national bank in defending lawsuits under the FCRA and the EFTA
  • A mid-sized bank in successfully resolving a class action relating to overdraft fees
  • A credit union in defending a mass arbitration relating to overdraft fees
  • A large national bank in conducting an internal investigation of accounting practices
  • Several banks and other financial institutions in preparing for FDIC, Office of the Comptroller of the Currency (OCC), Federal Reserve Board (FRB) and CFPB examinations and responding to supervisory concerns
  • A consumer lender in resolving a CFPB investigation relating to compliance with the FCRA, TILA and UDAAP
  • A consumer lender in defending several class action lawsuits, attorney general investigations, and a lawsuit by the CFPB relating to UDAAP
  • Two national banks in appealing supervisory determinations before the OCC Office of the Ombudsman
  • BancorpSouth Bank in resolving a CFPB and DOJ fair lending investigation
  • A fintech in obtaining the first-ever approval under the CFPB's Compliance Assistance Sandbox Policy
  • A digital payment service in responding to a CFPB civil investigative demand relating to compliance with the EFTA and UDAAP
  • Capital One in connection with a federal lawsuit relating to branch closures
  • Mortgage lenders and auto finance companies in fair lending testing of their pricing and underwriting data
  • A bank director in resolving an investigation by the OCC
  • A large regional bank in connection with a CFPB redlining investigation
  • A consumer reporting agency in responding to a government investigation
  • A mortgage loan servicer in responding to a government investigation regarding loss mitigation practices
  • A large bank in the non-public resolution of an investigation by the CFPB and the FRB relating to overdraft practices
Austin frequently speaks and writes on financial services enforcement, litigation and enforcement trends.

Awards

The Legal 500 United States

  • Recommended, Corporate Investigations and White-Collar Criminal Defense, (2022 – 2023)
Education
  • J.D., Georgetown University Law Center
    magna cum laude
  • B.A., Vassar College

Publications

Seminars

  • "Rethinking Fair Lending: The Role of Banking-as-a-Service," Fair Lending Colloquium, Los Angeles, CA, November 18, 2025
  • "Fair Lending Lessons to Take Home," Fair Lending Colloquium, Orlando, FL, November 20, 2024
  • "What's Next for the CFPB?" Women in Housing and Finance, July 24, 2024
  • "UDAAP, CRA and Fair Lending," Fair Lending Colloquium, Las Vegas, NV, November 15, 2022
  • "On the Fair Lending Forefront: Enforcement Trends and Emerging Risks," Wolters Kluwer CRA and Fair Lending Colloquium, November 16, 2021
  • "Fair Lending Compliance and Defense Strategies: Challenges in Underwriting, Redlining, and Equitably Implementing Relief Programs," American Conference Institute, Residential Mortgage Regulatory Enforcement & Litigation Conference, November 2020
  • "Emerging (and re-emerging) Fair Lending Issues in Pricing, Underwriting, Marketing and Servicing," Marquis Virtual User's Conference, September 14, 2020
  • "Telling Your Story," QuestSoft Lending Compliance & Risk Management Virtual Conference, October 2020
  • "Consumer Compliance Hot Topics," Skadden's 28th Annual Conference on Fair Lending and Consumer Financial Protection, Washington, DC, April 20, 2020
  • "Due Process in Supervision," American Bar Association (ABA) Banking Law Committee, January 2020

Media Mentions

  • "Consumer Protection Policy and Cases To Watch In 2023," Law360, January 2, 2023
  • "New UDAAP Guidance is Relevant to OCC-Regulated and Nonregulated Institutions Alike," September 25, 2020
  • "Special Purpose Credit Programs – Taking a Second Look at a Familiar Tool," July 29, 2020
  • "Consumer Financial Protection Bureau Launches Advisory Opinion Process," June 19, 2020
  • "Managing Compliance Risks for Income Share Agreements," Law360, July 2019
  • "Is Your Fair Lending CMS Up-to-Date?" Mortgage Compliance Magazine, September 2017
  • "CFPB Pursues Aggressive Enforcement Agenda and Arbitration Restrictions," NY Business Law Journal, Summer 2016

Connect