What’s Next for Fintech in AI Regulation

1 minute read | June.07.2023

What can financial institutions expect when it comes to AI enforcement? How can they minimize the risk of violating anti-discrimination laws when developing and using AI and automation-based tools and technology? Partners Caroline Stapleton and Amanda Lawrence offer a roadmap in a Corporate Counsel article that:

Addresses the likely regulatory fallout for fintechs undergoing AI-driven change.
Provides short-term and long-term guidance to reduce risk.
Responds to a joint statement from regulators that more oversight is on the horizon.

“Companies that take proactive steps to control for the risk of bias in their use of automation, including AI, will be in the best position to not only defend against an enforcement action, but also to protect their customers against unintended discriminatory outcomes,” they write.

Authors

Caroline Stapleton Partner, Financial & Fintech Advisory, Strategic Advisory & Government Enforcement (SAGE)

Washington, D.C.

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D:+1 202 461 2904
E: [email protected]

Practice:

Financial & Fintech Advisory
Strategic Advisory & Government Enforcement (SAGE)
Fintech

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Caroline Stapleton Partner

Washington, D.C.

Client-centered experiences are at the heart of Caroline’s practice. She has provided a wide variety of institutions, from fintech startups to multinational banks, with tailored, practical guidance that considers each company’s unique characteristics and strategic goals. Caroline draws on her prior experiences as an attorney at a federal prudential regulator and as the head of compliance at a consumer finance company to give clients a comprehensive picture of the legal risks and opportunities each new matter presents.

Her work on behalf of financial services providers has included:

Providing guidance regarding novel or complex regulatory questions, often in the context of developing new financial products and services
Performing compliance risk assessments of marketing, underwriting, pricing, origination, servicing and loss mitigation activities
Advising banks and supervised lenders with examinations by federal and state regulators, including responding to exam findings, CAMELS ratings, Matters Requiring Attention (MRA/MRIA) and enforcement referrals
Strategically responding to and defending enforcement actions by state and federal regulators, including the Consumer Financial Protection Bureau (CFPB), Office of the Comptroller of the Currency (OCC), Federal Deposit Insurance Corporation (FDIC), Federal Reserve Board and Department of Justice (DOJ), and, if necessary, negotiating favorable settlements
Developing strategies for bank partnership, state licensing and bank charter opportunities for consumer financial services providers
Conducting internal investigations of suspected misconduct or violations of an institution’s policies and/or regulatory requirements

In these and other representations, Caroline brings strong substantive knowledge of the key federal and state statutes and regulations governing the financial services industry. Her specific areas of focus include:

Fair lending and anti-discrimination laws, including the Fair Housing Act (FHA) and the Equal Credit Opportunity Act (ECOA)
Prohibitions on unfair, deceptive or abusive acts or practices (UDAP and UDAAP)
Technical regulatory compliance under federal and state laws governing loan marketing, disclosures, settlement practices, servicing and collection practices, consumer reporting and electronic payments
Federal preemption, including under the National Bank Act
Compliance management best practices and regulatory expectations, including third-party vendor and merchant oversight
Treatment and disclosure of confidential supervisory information (CSI)
State lease-to-own laws and regulations

Prior to joining Orrick, Caroline was senior counsel at Buckley LLP. She also has served as an attorney-advisor in the litigation division of the OCC, where she represented the agency in civil litigation, bank receivership preparation, employment disputes and other administrative contexts. Caroline also gained valuable in-house experience as the head of compliance and assistant general counsel of a Richmond-based consumer finance company.

Amanda Lawrence Partner, Fintech, Financial & Fintech Advisory

Washington, D.C.

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D:+1 202 349 8089
E: [email protected]

Practice:

Fintech
Financial & Fintech Advisory
Strategic Advisory & Government Enforcement (SAGE)
Finance
Complex Litigation & Dispute Resolution
Internal Investigations
Class Action Defense

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Amanda Lawrence Partner

Washington, D.C.

She is a trusted adviser to and first call in high-stakes litigation and enforcement matters, including government investigations, regulatory examinations, class action and complex litigation, and internal investigations. Her matters include investigations, examinations, and enforcement actions before the CFPB, FTC, federal and state bank regulators and state attorneys general, including defending a leading bank in one of the CFPB’s first enforcement actions—a joint investigation and enforcement action with the FDIC.

Amanda also represents clients in bet the company litigation, including financial institutions and lenders in residential mortgage-backed securities (RMBS) matters, consumer class actions and other complex civil litigation matters.

Amanda is well versed in all aspects of her clients’ business and is known for providing thoughtful and practical advice. She leverages her experience with litigation and enforcement agencies to stay ahead of regulatory trends impacting the finance and fintech industries. Key among these is data monetization and regulators’ heightened focus on how data is collected, used, stored and transferred. Amanda’s practice started in the cyber and privacy spheres, and today she helps clients manage compliance with the Gramm-Leach-Bliley Act (GLBA) and Regulation P, the Safeguards Rule, the Fair Credit Reporting Act (FCRA), the EU General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

Prior to joining Orrick, Amanda was a partner at Buckley LLP, where she was a member of the partner board. She also has an active pro bono practice.

Related Areas

Markets

Washington, D.C.

What’s Next for Fintech in AI Regulation

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