David K. Stein

David is a partner in Taft’s Finance, Business, and Litigation groups, maintaining a national practice in these areas of law. He advises businesses on consumer-facing issues, including consumer trade practices, advertising compliance, real estate, privacy, regulatory oversight, fintech and technology compliance, data security and e-commerce. David represents clients in various industries, including financial, agribusiness, cannabis, and fintech.

The focus of his practice includes:

• Federal and State Financial Services Litigation.
• Regulatory Compliance.
• Regulatory Investigations and Enforcement.
• Consumer Financial Services and Lending.
• Federal and State Oversight of Trade Practices.
• Licensing of Financial Services Institutions.
• Contests, Sweepstakes and Loyalty Programs.
• Licensing and compliance of Marijuana-related Businesses (MRBs).
• Privacy and Data Protection.

David represents banks, lenders, credit unions, fintechs, insurance companies and mortgage servicers in complex litigation, class actions, defense of regulatory enforcement actions and compliance management.. He also advises businesses and their vendors on transactional matters, data security strategies, and crisis response, while prosecuting claims related to unfair competition and restrictive covenants. Additionally, David counsels banks and lenders on warehouse lending issues and negotiating the terms of warehouse facilities. David provides counsel on matters involving FTC and state-level guidelines arising from consumer-related products and services. A nationally recognized authority in  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. David also assists in designing and evaluating loyalty and gift card programs for national retailers. Additionally, he advises clients on cannabis-related matters including banking and finance, including licensing for cultivation, processing and dispensation of medical and adult-use marijuana.

A veteran in the financial services industry, David spent more than two decades as in-house and outside counsel for national independent lenders and servicers. He is known for guiding clients through significant challenges as a trusted advisor.

• Author, “The Intersection Of The First Amendment And Fair Lending: CFPB V. Townstone Financial – A Case Of First Impression Meets A Case Of Free Expression,” CCFL Quarterly, (2021).
• 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, revised 2021).
• 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).