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Tonya Esposito

Tonya M. Esposito focuses her practice on a variety of consumer issues, including financial services, antitrust, and marketing and advertising. She has considerable experience representing clients in private litigation, as well as in government investigations brought by state attorneys general, the Federal Trade Commission (FTC), the U.S. Department of Justice (DOJ), the Food and Drug Administration (FDA), and the Consumer Financial Protection Bureau (CFPB).

With deep experience representing a variety of financial institutions in both litigation and compliance matters, Tonya represents clients in litigation involving claims brought under the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA), the Telephone Consumer Protection Act (TCPA), the state deceptive acts and practices laws (UDAAP), and many types of internal and government investigations. She regularly handles matters involving credit cards, student loans, residential and commercial mortgages, as well as privacy and FinTech issues.

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A dispute between the city of Baltimore and Dave Inc. (Dave) raises questions about the scope of local consumer-protection authority and its relationship to Maryland’s statewide consumer-lending framework. Dave has…

Continue Reading Dave Challenges Baltimore’s Authority to Enforce Consumer Protection Ordinance Against Cash-Advance Products

The Federal Trade Commission has reached a proposed $12 million settlement with Humboldt Merchant Services based on allegations that it processed payments for merchants that were shell companies or engaged…

Continue Reading FTC Targets Payment Processor in Proposed $12 Million Sham-Merchant Settlement

The Consumer Financial Protection Bureau (CFPB) and a coalition of trade-group plaintiffs filed dueling briefs last week over recusal standards in the Fifth Circuit lawsuit challenging the CFPB’s $8 credit…

Continue Reading Court Considers Recusal Standards in CFPB 5th Circuit Suit Over Credit Card Late Fees

In the ongoing lawsuit between the U.S. Chamber of Commerce and bank trade groups including the Fort Worth Chamber of Commerce, Longview Chamber of Commerce, American Bankers Association, Consumer Bankers…

Continue Reading 5th Circuit Says District Court Lacked Jurisdiction to Transfer CFPB Late-Fee Rule Suit Out of Texas

In response to the lawsuit filed by the U.S. Chamber of Commerce and bank trade groups including the Fort Worth Chamber of Commerce, Longview Chamber of Commerce, American Bankers Association…

Continue Reading Banking Trade Groups Suing CFPB Over Late Credit Card Fees Must Transfer Case from Texas to DC

On May 26, the Consumer Financial Protection Bureau (the Bureau or CFPB) issued its third Circular, emphasizing that creditors must adhere to the Equal Credit Opportunity Act (ECOA) and…
Continue Reading CFPB Circular 2022-03: Complex Lending Algorithms Cannot Excuse Failure to Provide Specific, Principal Reasons for an Adverse Credit Determination

On May 19, 2022, the Consumer Financial Protection Bureau (CFPB or Bureau) issued an interpretive rule (Section 1042 Interpretive Rule 5 19 2022) confirming that the Consumer Financial…
Continue Reading Deputizing State AGs: CFPB Issues Broad New Interpretive Rule on States’ Ability to Enforce Federal Consumer Protection Laws