David K. Stein
David Stein is chair of Bricker & Eckler's Banking & Financial Services group and maintains a national practice in this area of law. He advises businesses on a broad range of matters, including real estate, privacy, credit reporting, fair lending, technology, data security and e-commerce. The core of his practice is the representation of banks, mortgage lenders, real estate settlement service providers, residential and commercial real estate finance associations, such as the Ohio Mortgage Bankers Association, and other financial institutions in an extensive range of matters.
David’s experience includes the defense of complex litigation and adversarial matters, including successful resolution of class actions, regulatory investigations and state and federal enforcement actions, including those before the Consumer Financial Protection Bureau, the Federal Trade Commission. David also has substantial experience with claims and inquiries initiated by the U.S. Department of Justice, HUD, GNMA, FNMA, FHLMC, and various state Attorneys General.
David provides guidance in fair lending matters, including proactive analysis and assessment as well as the defense of formal inquiries. His experience also includes the defense of class-related claims under the TCPA, FCRA and a host of consumer protection laws. David’s work also includes general HUD programs and guidelines associated with housing vouchers and public housing programs (HUD Sections 8 and 9.)
David’s general litigation work includes insurance coverage disputes, consumer sales practices and complex business matters.
A veteran in the financial services industry, David has spent more than two decades in roles as in-house and outside general counsel for national financial services companies. He is known for guiding clients through significant challenges as a trusted advisor to C-Suite executives. “I know what it is like to sit in your chair” is a phrase he often uses with his clients. Because of his unique perspective, he is able to provide counsel to his clients in a wide range of business and legal topics.
David is also a nationally recognized authority in the area of trade practices, including advertising and sales practices. He is the author of the Social Media and Digital Advertising Compliance Resource Guide, published by the Mortgage Bankers Association.
Non-compete agreement litigation
Represented a national mortgage loan company in two lawsuits in which the client hired two mortgage loan officers from a competitor, and the competitor sought to enforce the loan officers’ non-compete agreements. Negotiated a global settlement that considerably reduced the length of each employee’s non-compete agreement.
Defense of regulatory investigations
Successfully represented a national financial services company in a multi-year investigation by multiple federal agencies, including the CFPB and Department of Justice, while simultaneously defending related investigations by multiple state attorneys general.
Non-competition and non-solicitation defense
Represented a mortgage lender in a dispute following the abrupt resignation of a branch manager and 25 employees who left to join a competitor, taking confidential information with them. Secured temporary restraining order prohibiting the employees from working for the competitor and then negotiated a settlement with the former employees and their new employer, which prohibited the employees from soliciting their former employer’s clients.
Cybersecurity risk mitigation programs
Created and developed intensive cybersecurity risk mitigation programs for financial institutions to prevent and reduce the growing risks associated with business engagement in the digital age.
Reversal of license revocation
Successfully obtained reversal of license revocation of a state-licensed mortgage lender.
First loan transaction for southeast Ohio client
Coordinated the first loan transaction for a southeast Ohio-based business incubator/loan fund, which provided resources to a food manufacturer of gluten and allergen-free products. This was an important milestone for both the lender and the borrower, which will become a productive employer of local Ohioans. Likewise, the facility will likely be a key player in business development for this region of the state.
HUD fair lending enforcement investigations and regulatory actions
Successful defense of “matched-pair” based claims, defending lenders in response to alleged violations of the Equal Credit Opportunity Act and Fair Housing Act and facially inequitable credit data.
CFPB and FTC investigations and enforcement
Represented clients in formal CFPB and FTC investigations and the prevention of related enforcement actions.
Regulatory enforcement actions defense
Defense of state regulatory enforcement actions and inquiries in various jurisdictions throughout the U.S.
Complex lending and loan servicing issues
Defense of civil litigations related to complex issues associated with lending and loan servicing, including successful resolution of claims involving loan repurchase/indemnification, the Telephone Consumer Protection Act, the Fair Debt Collection Practices Act and the Fair Credit Reporting Act.
Professional & Community Activities
- Fellow, American Bar Foundation, 2019
- Governing Committee, Conference on Consumer Finance Law, 2018-2019
- Senior Vice President & General Counsel for two national mortgage lenders
- Member, Regulatory and Legal Issues Committee, Mortgage Bankers Association
- Member, Litigation Sub-Committee, Mortgage Bankers Association
- Member, Financial Services Committee, Columbus Bar Association
- Mentor, Alumni Engagement Program, The Ohio State University
- Selected as a member of the Qualified Mortgage Working Group to prepare position paper on upcoming and proposed changes to HUD’s QM proposal and CFPB’s rule implementation, Mortgage Bankers Association
- Member, Social Media Regulatory Task Force, State of Ohio, Division of Financial Institutions, 2015
- Member, Independent Mortgage Bankers Working Group, Mortgage Bankers Association, 2012-2014
- Member, Board of Advisors, Lenders One national mortgage cooperative, 2012-2014
- Vice President, Board of Trustees, Columbus Jewish Day School
- President, Congregation Tifereth Israel; Member, Board of Trustees
- Past Trustee, Columbus Jewish Federation
Presentations & Published Works
- Speaker, “Emerging Compliance Challenges Track: Social Media, Big Data and Digital ID – What Should a Compliance Officer Understand?,” MBA Regulatory Compliance Conference, September 2021
- Speaker, “Social media and Digital Advertising 2021 Update,” MBA Education Webinar, July 2021
- Speaker, "Applied Compliance Track: Social Media," MBA's Regulatory Compliance Conference, November 2020
- Author, "Social Media & Fair Lending: A 21st Century Collision," Mortgage Compliance Magazine, June 2019
- Speaker, “Legal Implications in the Use of Social Media for the Public Sector,” MORPC’s Social Media Forum, July 2018
- Speaker, “Bridging the Federal Enforcement Gap: State Attorneys General Speak on Enforcement Actions Against Consumer Financial Services Companies,” ACI’s 30th National Forum on Consumer Finance Class Actions and Government Enforcement, July 2018
- Speaker, “Regtech Fintech Track: Social Media and Digital Advertising Compliance,” MBA’s Legal Issues & Regulatory Compliance Conference, April 2018
- Speaker, "Social Media Policies: Balancing Employer Needs and Employee Rights," NBI's Human Resource Law Boot Camp, February 2018
- Author, " Social Media and Digital Advertising Resource Guide,” Mortgage Bankers Association (MBA), September 2016
- Speaker, "The Latest RESPA and TILA Developments: CFPB Final Rule Changes That Are Impacting Regs X and Z, Implementation Challenges, Claims Trends and Best Practices for Compliance in Early Intervention, Loss Mitigation, Periodic Statements and Beyond," ACI's Bank & Non-Bank Forum on Mortgage Servicing Compliance, November 2016
- Speaker, “Social Media Regulations: Stay in Compliance and Capitalize on Customer Preferences," Lorman Institute, September 2016
- Speaker, "Risk Management: Briefing the Board," MBA's Risk Management, QA & Fraud Prevention Forum, September 2016
- Speaker, "Social Media," MBA's Regulatory Compliance Conference, September 2016
- Speaker, “UDAAP – The Gift That Keeps Giving,” Bricker & Eckler LLP’s Midwest Financial Services Regulatory & Compliance Conference, August 2016
- Speaker, "The New Age of Compliance," Loan Protector Client Conference, August 2016
- Speaker, "The Closing Disclosure (Replaces the HUD-1 and Part 2 of TILA)," National Business Institute's Closing Real Estate Transactions Using the New TILA/RESPA Integrated Disclosure (TRID) Seminar, June 2016
- Speaker, “The Ubiquitous Presence of the CFPB: Rulemaking Updates and Everything You Now Need to Know About Being Compliant with the ‘Big Brother’ of the Consumer Lending Industry," ACI’s Consumer Lending Regulatory Compliance Conference, October 2015
- Speaker, "Fair Lending Report: Disparate Impact Claims and the Fair Housing Act; Increased Enforcement by Regulators Including the CFPB; Using UDAAP Where Other Statutes or Regulations Fail; The Latest Litigation Strategies and Recent Themes and Issues," ACI’s Residential Mortgage Litigation & Regulatory Enforcement Conference, September 2015
- Speaker, “Regulations Fail; The Latest Litigation Strategies and Recent Themes and Issues," ACI's Residential Mortgage Litigation & Regulatory Enforcement Conference, September 2015
- Speaker, “Cybersecurity: Protecting Borrower Privacy," MBA’s Risk Management, QA & Fraud Prevention Forum, September 2015
- Speaker, "Advertising & Social Media," AARMR’s Annual Regulatory Conference, August 2015
- Author, "Subtitle E: Dodd-Frank Mortgage Servicing – Something Old, Something New,” Mortgage Compliance Magazine, July 2015
- Speaker, "Implementation of the TILA-RESPA Integrated Disclosure Rule: Clarifying Key Compliance and Interpretive Issues," ACI's Residential Mortgage Litigation & Regulatory Enforcement Conference, April 2015
- Speaker, "Claims and Defenses Involving Background Check, Credit Dispute Investigation, and Debt Collection Litigation Under the FCRA and FDCPA; and CFPB Action and Examination in the Credit Dispute and Debt Collection Context Including Collection Litigation Post-CFPB ANPR and Survey," ACI's Consumer Finance Class Actions and Litigation Conference, January 2015
- Speaker, "Social Media and Advertising Quality Control," SAI Global Compliance Webinar, January 2015
Bar Admissions & Activities
- Admitted, State of Ohio
- Admitted, State of Florida
- Admitted, U.S. District Court for the Middle District of Florida
- Admitted, U.S. Court of Appeals for the 6th Circuit
- Admitted, U.S. District Court for the Northern and Southern Districts of Ohio
- Member, Ohio State Bar Association; Columbus Bar Association; American Bar Association
Awards & Recognition
- Named, "Top Columbus Lawyers (Financial Markets)," Columbus CEO Magazine, 2015 and 2016
- Named, “100 Most Influential Mortgage Executives,” Mortgage Executive Magazine, 2013
- Named, "Top Corporate Counsel," Columbus Business First, 2012
- Capital University (J.D., cum laude); Order of Curia; Notes Editor, Capital University Law Review
- The Ohio State University (B.A., political science)
Mortgage Compliance Magazine features Stein’s analysis of social media and fair lending
David Stein outlines how social media is about to collide with fair lending practices in his article, “Social Media & Fair Lending: A 21st Century Collision,” which is featured in Mortgage Compliance Magazine.More Jun 6, 2019
Stein's "Social Media & Digital Advertising Resource Guide" featured in Mortgage News Daily column
Consumer Financial Services attorney David Stein's recently published "Social Media & Digital Advertising Resource Guide" was mentioned in Rob Chrisman's Mortgage News Daily article, "Compliance in Social Media and Anti-Money Laundering for Every Lender."More Oct 10, 2016
David Stein authors MBA’s social media and digital advertising compliance guide
David Stein, of counsel and chair of Bricker & Eckler's Banking & Financial Services group, authored the “Social Media and Digital Advertising Resource Guide,” which was recently published by the Mortgage Bankers Association (MBA).More Sep 21, 2016
David Stein quoted in Mortgage News Daily on recent minimum wage ruling
Consumer Financial Services Group Chair, David Stein, was quoted in Rob Chrisman's Mortgage News Daily article, "Redwood Trust, Prosper News; Ohio's Take on Minimum Wage for Sales Personnel; CFPB Webinar on TRID."More Mar 30, 2016
David Stein discusses loan officer talent wars and compliance in American Banker
Discussing loan officer compensation plans and state auditor practices, David Stein, chair of Bricker’s Consumer Financial Services group, was recently quoted in American Banker article, “In War for Talent, Mortgage Firms Irked by Rivals' Compensation Plans.”More Jan 12, 2016
David Stein quoted in Mortgage News Daily on MSAs
Consumer Financial Services Group Chair, David Stein, was quoted in Rob Chrisman's Mortgage News Daily article, citing Richard Cordray's take on MSAs. The quote references Cordray's appearance as keynote speaker at Bricker's Midwest Financial Services Regulatory and Compliance Conference on August 20, 2015.More Aug 25, 2015