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Jeremy M. McLaughlin

Fax +1.415.882.8220
Jeremy McLaughlin is an associate in the firm’s San Francisco office and a member of the Consumer Financial Service group. His practice focuses on regulatory compliance and enforcement for Fintech and consumer financial products and services, with particular attention on emerging payments, payment systems, and prepaid products. He also maintains an active litigation practice, focusing on dispositive issues and appeals for consumer financial services matters.

Mr. McLaughlin represents a broad range of clients across the financial services and fintech industries, ranging from startups and crypto/virtual currency companies to some of the world’s largest financial institutions. They have included money services businesses, payment system providers, banks, retailers, marketplace lenders, credit and prepaid card companies, debt collectors, and mortgage lenders and servicers.

Mr. McLaughlin counsels clients on compliance with state and federal consumer protection laws, money transmitter laws, international remittances, anti-money laundering laws, abandoned property laws, and network rules, as well as advising on privacy, data security, and credit and licensed lending laws. He assists clients with negotiating and drafting agreements involving payment technologies and licensing issues, drafting terms and conditions and disclosures for new products, and structuring business operations to maximize efficiency and comply with legal obligations. He also serves as regulatory counsel in connection with investments, including conducting due diligences of payments, credit, and mortgage companies.

In his litigation practice, Mr. McLaughlin focuses on appeals and dispositive motions before state and federal courts, especially proceedings involving consumer financial laws. He has defended clients in class actions involving state and federal consumer protection laws, such as the Electronic Fund Transfer Act (Regulation E), Truth in Lending Act (Regulation Z), Telephone Consumer Protection Act, Credit Card Accountability Responsibility and Disclosure Act, UDAP, and UDAAP. He has prepared over 10 briefs for the US Supreme Court, and dozens of briefs for a variety of federal and state appellate courts. He has argued before the Ninth Circuit Court of Appeals.

Mr. McLaughlin is a regular contributor to the FinTech Law Blog and the Consumer Financial Services Watch Blog.

Professional/Civic Activities

  • Bay Area Lawyers for Individual Freedom (2011-present)
  • Lambda Legal, San Francisco Leadership Executive Committee (2010-present)
  • Little Brothers- Friends of the Elderly, Board of Directors (2010-2012)

Speaking Engagements

  • Getting Your House in Order: Best Practices for Fintechs Preparing for Investment/Acquisition, BayPay & K&L Gates Event (Feb. 2018)
  • Recent Rules Affecting MSBs: Beneficial Ownership Rule & NYDFS Rule 504, International Money Transfer & Payments Conference, Miami (Nov. 2017)
  • Future of Blockchain Technology, Panel discussion at Blockchain Technology for Cybersecurity and Social Impact conference (June 8, 2017)
  • Entering the U.S. Market- Seizing Opportunity, Panel discussion (Toronto, Feb. 16, 2017)
  • CFPB Servicing Rules Episode VI: Return of the Rulemakings, Webinar (Sept. 15, 2016)
  • Beyond Regulation: What the CFPB Expects from Payment Processors, Webinar (Aug. 2, 2016)
  • 870 Pages in 90 Minutes: What the CFPB’s Prepaid Proposal Means for Your Business, Webinar (Dec. 4, 2014)

Additional Information

  • Lurking Beneath the Surface: UDAP Claims in ICO Litigation,” Client Alert (Mar. 12, 2018)
  • Newly Released Virtual-Currency Businesses Act Augurs Increased State Regulation of Bitcoin, Ether, and other Digital and Crypto Currencies,” Client Alert (Nov. 7, 2017)
  • Payment Systems & Electronic Funds Transfers Guide, Emerging Payments and Prepaid Cards Sections, Thomson Reuters Westlaw (Aug. 2017)
  • “The Credit Card Surcharge Fight Isn’t Over Yet,” Law360 (April 14, 2017)
  • “Servicing With a Smile Comes at a Cost: What Servicers Should Know About the CFPB’s New Servicing Rules,” White Paper (Sept. 2016)
  • “Does the CFPB Expect Payment Processors to Enforce State Regulatory Requirements?,” PayGov Magazine (Aug. 2016)
  • “’Know Before You Owe’ Is Still a Work in Progress: CFPB Proposes TRID Changes and Clarifications,” Legal Update (Aug. 18, 2016)
  • “Consumer Financial Protection Bureau Five-Year Retrospective,” Consumer Financial Services Review Blog, Entries regarding Credit Card enforcement cases and Payments enforcement cases (July 21, 2016)
  • “Static on the Line: FCC’s Order Shifts the TCPA Compliance Landscape,” Mortgage Compliance Magazine (Mar. 2016)
  • “Virtual Currency State Roundup,” PayGov Magazine (Nov. 2015)
  • “Does the Supreme Court Decision in 14 Penn Plaza Augur the Unification of the FAA and Labor Arbitration Law?,” Dispute Resolution Journal pg. 56 (2009)
  • “Henry Clay and the Supreme Court,” Journal of Supreme Court History, Vol. 34 pg. 28 (2009)
  • “A Comparison of Default Procedures in the ITC and Federal District Court,” 337 Reporter Summer Associate Edition, Vol.13 pg. 93 (2007) [Note: received “best article” award]
  • “Obstruction of Justice,” American Criminal Law Review, Vol. 44 pg. 793 (2007)

  • “New York Attorney General Launches Fact-Finding Mission into Virtual Currency Exchanges; Exchanges Divided on Response,” FinTech Law Blog (Apr. 19, 2018)
  • “A Small, But Promising, Step Towards State Money Transmitter Licensing Harmonization,” FinTech Law Blog (Feb. 20, 2018)
  • “New York moves money transmitters to NMLS,” FinTech Law Blog (July 13, 2017)
  • “Financial Inclusion and Robust Regulation Are on the Table as OCC Pushes Ahead With Fintech Charter,” Consumer Financial Services Watch (Mar. 26, 2017)
  • “Automobile Companies Collide With Payment Providers,” FinTech Law Blog (Jan. 24, 2017)
  • “OCC Explores Special Purpose National Bank Charter for Fintech Companies,” FinTech Law Blog (Dec. 7, 2016)
  • “Down But Not Out: The CFPB’s Future May Be Uncertain, But Industry Participants Must Remain Vigilant,” Consumer Financial Services Watch (Dec. 28, 2016)
  • “Supreme Court Agrees to Hear Credit Card Surcharge Case,” Consumer Financial Services Review Blog (Oct. 5, 2016)
  • “South Carolina Enacts Money Transmitter Law,” Consumer Financial Services Review Blog (June 15, 2016)
  • “Your Money Is No Good Here: U.S. Supreme Court Holds That an Unaccepted Rule 68 Offer of Complete Relief Does Not Moot an Individual’s Claims, but Questions Remain,” Consumer Financial Services Watch (Jan. 22, 2016)
  • “California Attorney General Offers Online and Mobile “Do Not Track” Privacy Policy Recommendations,” Consumer Financial Services Watch (July 7, 2014)
  • “Google Privacy Policy Change Spawns Swath of New Lawsuits,” Consumer Advertising Law Blog (Apr. 11, 2012)
  • “A New Dawn: California’s “Shine the Light” Law Suddenly Illuminating California Courts,” Consumer Advertising Law Blog (Mar. 14, 2012)