EMERGING ISSUES TRACK: Online Mortgage Marketing and Advertising: Legal Risks and Regulatory Expectations
This panel examines the legal and compliance challenges associated with marketing and offering mortgage products through online and digital channels. Panelists explore how websites, chatbots, digital advertising, and automated consumer engagement tools can create Real Estate Settlement Procedures Act (RESPA), fair lending, and Unfair, Deceptive, or Abusive Acts or Practices (UDAAP) risks if not properly designed or monitored. The discussion highlights regulatory expectations, emerging enforcement trends, and practical considerations for managing compliance risk while marketing mortgage products in an increasingly digital environment.
Speakers
Moderator
Lance Morley is Deputy General Counsel at LendingTree in Charlotte, North Carolina. He joined the company in 2020 and is responsible for licensing oversight, providing product and regulatory guidance, and advising on cybersecurity and artificial intelligence matters. Prior to joining LendingTree, Morley worked as both a litigator and an in-house attorney in the financial services industry. He is an active participant in the Mortgage Bankers Association (MBA), including serving on the Legal Issues and Regulatory Compliance Committee. Lance earned his B.S. from the University of Florida, J.D. from Florida A&M University College of Law, and his LL.M. from The George Washington University Law School.
Speakers
Aaron Mahler is a partner in the Consumer Financial Services and Litigation group at Paul Hastings and is based in the firm’s Washington, D.C., office. He has established himself as a valued counselor for financial services companies and individuals navigating government enforcement, litigation, and regulatory matters. He focuses much of his practice on representing bank and nonbank financial institutions in government examinations, investigations, and enforcement actions. Mahler regularly counsels clients on issues dealing with intersecting business and compliance considerations, where he develops practical solutions to defend clients against regulatory investigations and actions, including those involving the Consumer Financial Protection Bureau (CFPB), state attorneys general, the Federal Trade Commission (FTC), the Federal Deposit Insurance Corporation (FDIC), the Department of Housing and Urban Development (HUD), the Department of Justice (DOJ), and the Federal Reserve. He handles cases involving unfair, deceptive, or abusive acts or practices under the Federal Trade Commission Act (UDAP, Section 5) and the Consumer Financial Protection Act (UDAAP, Section 1036), the Truth in Lending Act (TILA), the Fair Debt Collections Practices Act (FDCPA), the Equal Credit Opportunity Act (ECOA), the Fair Housing Act (FHA), the Telemarketing Sales Rule (TSR), and the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA).
David Stickney, CMCP, AMP, is a Director within FTI Consulting’s Consumer Financial Services team. He has extensive experience assisting financial institutions with various federal regulations, including ECOA, UDAAP, RESPA, TRID, HMDA, and CARES Act. Prior to joining FTI, Mr. Stickney left the CFPB as a Senior Commissioned CFPB Examiner, with a specialty designation in mortgage origination, where his expertise included leading several exams on fair lending, mortgage origination, servicing, and CMS. In addition, he was directly responsible for overseeing three Top 20 mortgage lenders. His work regarding mortgage origination practices, loan officer compensation practices, and CARES Act payment accommodations has been included in the CFPB’s Supervisory Highlights.
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