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Hunton Andrews Kurth LLP

Abigail M. Lyle

Abigail M. Lyle

Partner

Expertise

  • Commercial Litigation
  • Class Action, Multidistrict Litigation
  • Antitrust Litigation
  • Business Litigation

WSG Practice Industries

Activity

Profile

Abigail’s practice focuses on regulatory compliance and defending companies in enforcement actions and litigation related to consumer protection laws.

Abigail regularly defends companies in litigation involving lending practices and federal and state consumer protection laws, and advises clients on a variety of compliance issues, including fair lending (Equal Credit Opportunity Act, Regulation B, and Fair Housing Act), mortgage origination and servicing (Truth in Lending Act, Real Estate Settlement Procedures Act, flood insurance issues, and licensing), deposit products (Regulation E, Regulation DD, and overdraft practices), and consumer protection and marketing (Fair Credit Reporting Act, Fair Debt Collection Practices Act and its state counterparts, Telephone Consumer Protection Act, and Unfair Deceptive or Abusive Acts or Practices). She also regularly represents regulated entities, directors, and officers in investigations, examinations, and enforcement actions by the Department of Justice, Consumer Financial Protection Bureau, Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, Federal Reserve, Texas Department of Banking, and U.S. Department of Housing and Urban Development, including responding to “15 day letters,” notices of violation, examination findings, and administrative proceedings on issues relating to lending practices and consumer protection.

Abigail served as a judicial clerk for the Honorable William P. Dimitrouleas of the U.S. District Court for the Southern District of Florida from 2009-2011. Abigail is admitted to practice before the U.S. Court of Appeals for the Fifth Circuit, the U.S. Court of Appeals for the Eleventh Circuit, the U.S. District Courts for the Southern, Middle, and Northern Districts of Florida, the U.S. District Courts for Eastern, Northern, Southern, and Western Districts of Texas, and the U.S. District Court for the Eastern District of Wisconsin.

Litigation Experience

  • Represents financial institution in putative class action asserting Regulation E and state unfair and deceptive claims.
  • Represents national restaurant chain in class action litigation asserting Telephone Consumer Protection Act claims.
  • Represents Fintech company in national portfolio of litigation relating to consumer protection claims.
  • Represents utility company in putative class action litigation asserting Telephone Consumer Protection Act claims.
  • Defended financial institution in putative class action relating to overdraft practices.
  • Defended national bank in connection with €100 million advance fee prime bank fraud.
  • Defended national retailer in putative class action litigation asserting claims under the Telephone Consumer Protection Act.
  • Defended credit union in class action litigation relating to credit insurance product.
  • Defended national mortgage servicer in class action litigation relating to force-placed insurance.
  • Defended financial institution in Truth in Lending Act class action.
  • Defended financial institutions in class actions involving credit card lending practices and securities fraud.
  • Defended financial institutions, including credit card issuers, Fintech companies, mortgage lenders, and auto lenders, in numerous Telephone Consumer Protection Act, Fair Credit Reporting Act, Truth in Lending Act, and Fair Debt Collection Practices Act litigation matters.

Compliance Experience

  • Advised multiple financial institutions and investors in connection with the financing, purchase, and securitization of loan products and potential acquisitions of financial services companies.
  • Advised mortgage lenders and Fintech companies on multiple matters involving Section 8 of the Real Estate Settlement Procedures Act and developing compliant agreements and services.
  • Advised financial institutions in connection with Regulation DD and Regulation E compliance and developing compliant overdraft products and services.
  • Advised numerous financial institutions regarding analysis of disparate impact related to lending policies and programs.
  • Advised numerous financial services companies, retailers, restaurant chains, and utility companies regarding Telephone Consumer Protection Act compliance and developing compliant marketing and collection programs.
  • Advised numerous financial services companies on compliance with the Fair Debt Collection Practices Act, Truth in Lending Act, Real Estate Settlement Procedures Act, Unfair Deceptive or Abusive Acts or Practices, and related policies and procedures.
  • Advised numerous financial institutions, Fintech companies, and retailers in connection with Fair Credit Reporting Act compliance and developing compliant products and services.
  • Advised numerous financial institutions on a myriad of consumer financial laws and regulations involving flood insurance, Home Mortgage Disclosure Act reporting, and the Real Estate Settlement Procedures Act.
  • Advised multiple entities regarding state licensing requirements for lending and servicing activities.

Enforcement Experience

  • Represented numerous financial institutions, directors, and officers in examinations and enforcement actions by the Department of Justice, Consumer Financial Protection Bureau, Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, Federal Reserve, Texas Department of Banking, and U.S. Department of Housing and Urban Development.
  • Defended in excess of two dozen Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, Federal Reserve, and Texas Department of Banking investigations of individuals, banks, and bank holding companies.
  • Represented over two dozen financial institutions in Department of Justice referrals and investigations related to fair lending laws.
  • Assisted multiple banks and mortgage companies in preparing for regulatory examinations by performing audits of their origination and servicing practices, policies, and procedures.
  • Defended multiple U.S. Department of Housing and Urban Development notices of violation and administrative actions.
  • Defended multiple financial institutions in connection with civil money penalty referrals for alleged UDAAP, overdraft, and flood insurance violations.

Bar Admissions

  • Texas
  • Florida

Education

BA, Furman University, Political Science, magna cum laude, Phi Beta Kappa, Phi Eta Sigma, Pi Sigma Alpha, 2003
Areas of Practice

Antitrust Litigation | Business Litigation | Class Action, Multidistrict Litigation | Commercial Litigation | Consumer Financial Compliance and Litigation | Corporate and Securities Litigation | Cyber Investigation and Privacy Litigation | Fair Lending | Financial Institutions Corporate and Regulatory | Litigation | Securities Litigation and SEC Enforcement | White Collar Defense and Internal Investigations

Professional Career

Significant Accomplishments

  • Represents financial institutions, directors, and officers in regulatory enforcement actions and actions by the Department of Justice, including responding to "15 day letters" on issues relating to lending practices and debt instruments.
  • Represents national retailers in privacy class actions and in connection with investigations by the government.
  • Represents a Fortune 500 cosmetic company in class actions and in connection with a state attorney general investigation.
  • Represents a Fortune 100 petroleum company in contractual disputes and tort cases.
  • Represents a manufacturer of horticultural products in action alleging patent infringement and misappropriation of trade secrets.
  • Represented a national grocery store chain in a privacy class action.
  • Represented financial institutions in class actions involving credit card lending practices and securities fraud.
  • Represented a major international beverage company in a RICO dispute adverse to a foreign sovereign.
  • Represented a Fortune 50 bank in connection with €100 million advance fee prime bank fraud.
  • Represented a Fortune 500 beverage company in contractual disputes and tort cases.
  • Experience representing petroleum franchisors in Petroleum Marketing Practices Act matters and other disputes with franchisees.
  • Experience conducting internal investigations and corporate compliance reviews for various Fortune 500 companies.


Professional Associations

  • Member, Bar of the State of Texas
  • Member, Bar of the State of Florida

Professional Activities and Experience

  • Selected as a “Rising Star” for Business Litigation, Florida Super Lawyers magazine, 2016
  • Named a “Rising Star” among the top lawyers in Florida by Florida Super Lawyers magazine, 2014-2017

Articles

CFPB Proposed Rule: Slowing the Foreclosure Wave
Hunton Andrews Kurth LLP, April 2021

On April 5, 2021, the Consumer Financial Protection Bureau (the “CFPB”) issued a proposed rule that would, among other things, establish a temporary COVID-19 emergency pre-foreclosure review period until December 31, 2021, for principal residences. Currently, the moratorium on foreclosures and evictions for Federal Housing Administration, US Department of Agriculture, US Department of Veterans Affairs, Fannie Mae, and Freddie Mac loans has been extended until June 30, 2021...

Additional Articles

  • Navigating the Regulatory Compliance Environment for Investment and Business-Purpose Mortgage Loans, The Banking Law Journal
  • Redlining In a Post Deregulation Era, ABA Bank Compliance Magazine
  • Expert Analysis: FDIC Action Suggests New Focus On Bank TCPA Violations, Law360
  • Expert Analysis: Business-Purpose Mortgage Loans Face New Scrutiny In Fla., Law360
  • The Good News Keeps On Coming: Seventh Circuit Holds ATDS Must Be Able to Generate Numbers Randomly and Sequentially, Hunton Retail Law Resource and Lexology
  • Redlining in a Post De-Regulation Era, ABA Bank Compliance
  • Mitigating FCRA Risks in the COVID-19 World, Pratt’s Journal of Bankruptcy Law
  • Trends From CFPB’s Unwavering Focus on Fair Lending, Law360
  • Class Action Litigation Trends Warn of Renewed Focus on Overdraft Practices, The Banking Law Journal
  • Expert Analysis: What To Expect From CFPB's Overdraft Rule Review, Law360
  • DOJ Reiterates Cooperation to Obtain Full Credit and Avoid Penalties, The Wyoming Banker
  • 2020 Retail Industry Year in Review

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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