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Overview

Tobias provides practical guidance and crafts thorough regulatory solutions by guiding clients seamlessly through the complex web of federal and state lending and servicing requirements for secured and unsecured loan products.

Tobias regularly counsels financial services companies of all sizes, from startups to the country’s largest financial institutions. He distills complex federal and state lending and servicing statutes and regulations into practical solutions for fintechs, regtechs, online lenders, small dollar lenders, mortgage companies, banks and credit unions. He also evaluates lending programs for UDAAP risk, analyzes state licensing issues and interfaces with state regulators and government agencies on behalf of financial services clients.

As a former in-house counsel for bank and non-bank financial services providers, Tobias combines practical experience with in-depth understanding of financial services operations. He frequently prepares multistate statutory and regulatory surveys relating to mortgage brokering, lending and servicing issues in addition to requirements applicable to originating and servicing unsecured personal and small dollar loans.

Tobias’ deep experience as in-house counsel allows him to provide practical solutions when implementing statutory and regulatory requirements. He regularly helps financial services providers operationalize and implement statutory and regulatory solutions related to RESPA/Regulation X, FDCPA/Regulation F, TILA/Regulation Z, ECOA/Regulation B, GLBA/Regulation P, FCRA/Regulation V, EFTA/Regulation E, and CFPB’s small-dollar lending rule in addition to state usury, privacy (including CCPA) and data breach and data security requirements. His experience includes building, reviewing and auditing compliance management systems.

Tobias is a recognized thought leader in the mortgage, fintech and personal loan industries. He’s actively involved in several trade associations and frequently speaks at industry conferences and on webinars.


Industry

Services

Education

  • J.D., Brooklyn Law School
  • B.A., University of Nevada, Las Vegas
    • Philosophy
    • summa cum laude

Admissions

  • District of Columbia
  • New York
  • Texas

Professional Associations and Memberships

  • American Bar Association
  • Fellow of the American Bar Foundation
  • Conference on Consumer Finance Law
  • Mortgage Bankers Association
Experience
  • Providing regulatory advice and guidance to a fintech startup offering low-cost employee loan products online to employees of select employers and optimizes the interplay between obtaining state licenses and leveraging bank partnerships.
  • Advising a mortgage fintech on regulatory and transactional issues potentially arising when guaranteeing timely loan closing and agreeing to purchase the underlying property when a mortgage loan fails to close.
  • Advising a bank's fintech division on bank regulatory issues, consumer finance compliance matters relating to online loan and credit card products.
  • Designing and assessing bank partnerships offered by a depository institution leveraging non-bank entities to originate consumer and commercial loans on a nationwide basis.
  • Providing a bank with regulatory and operational guidance related to deposit, branch and treasury management operations.
  • Crafting loan originator compensation plans for a multistate mortgage lender.
  • Determining the applicability of the GLBA exemption in CCPA for a mortgage lender.
  • Counseling a mortgage servicer on issues regarding the CFPB's mortgage servicing rules, fair debt collection, servicing disclosures, loss mitigation procedures, successors-in interest, servicing transfers and information requests.
  • Designing compliance management system for a small dollar lender making unsecured personal loans over the internet to borrowers in multiple jurisdictions.
  • Assessing the permissibility of charging credit card surcharges for companies with significant amount of credit card transactions.
  • Determining the compliance requirements arising for a company offering its customers with the ability to purchase open and closed-loop access devices including the applicability of state money transmission requirements.
  • Designing language access program for a bank's fintech division offering unsecured loans across the country through a partnership with a national wireless carrier.
Thought Leadership
Blog Posts
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Speaking Engagements
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Webinars
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Outside the Office

Tobias is an avid traveler who likes to explore new cultures and new cuisines. He also enjoys basketball and chasing around his young son.