Chapin_Benjamin

Benjamin Chapin

Chapin_Benjamin

Benjamin Chapin

Partner

Washington DC + 1 202 663 6443

Benjamin Chapin advises financial institutions and other commercial clients on their most sensitive consumer protection matters, including government investigations, regulatory enforcement actions, and complex civil litigation.  With a practice grounded in providing practical, business-minded advice, Ben helps clients protect their reputations, manage risk, and resolve disputes favorably and efficiently—whether at the negotiating table, in the courtroom, or before a regulator.

Ben regularly represents the nation’s largest banks, fintechs, and consumer-facing companies in public and non-public matters before the Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), Office of the Comptroller of the Currency (OCC), US Department of Justice (DOJ), and state attorneys general, among other federal and state regulators. His practice includes advising clients across a range of consumer financial services issues, including fair lending, electronic payments, credit and debit cards, mortgage and auto lending, loan servicing, credit reporting, and unfair, deceptive, and abusive acts or practices (UDAAP). He also helps clients navigate complex consumer protection challenges outside the financial services context, including those arising under Section 5 of the FTC Act and state consumer protection laws, providing a cross-disciplinary perspective when regulatory regimes intersect.

In his litigation practice, Ben defends financial service providers and other clients facing high-stakes litigation, including class actions, in federal and state courts across the country.  His experience includes, among other matters, successfully defending clients in cases related to fraud and scams on electronic payments platforms, pricing disclosures, false advertising, securities law violations, RICO allegations, and False Claims Act claims.  He also regularly supports clients responding to congressional inquiries and sensitive internal investigations, in addition to counseling clients on regulatory compliance and risk management issues to help prevent issues before they escalate.

Experience

  • REGULATORY AND ENFORCEMENT HIGHLIGHTS

    • Represented online software company in parallel FTC and state attorneys general investigations related to alleged unfair and deceptive marketing practices relating to the client’s signature consumer financial service.  
    • Represents real estate service provider in FTC enforcement action relating to alleged unfair and deceptive marketing practices arising from client’s online marketing and price disclosures, including disclosure of consumer fees.  
    • Represented online vehicle sales platform provider in in FTC enforcement action relating to alleged unfair and deceptive marketing practices, as well as alleged violations of the Mail, Internet, or Telephone Order Merchandise Rule and Used Car Rule, among other FTC trade rules.  
    • Represented large national bank in parallel CFPB and OCC enforcement proceeding related to fraud impacting prepaid card program, including assisting client develop and implement large scale remediation. 
    • Represented large national bank in CFPB enforcement proceeding related to alleged UDAAP violations in mortgage servicing business. 
    • Represented large national bank in CFPB enforcement proceeding related to insufficient funds and overdraft fees.  
    • Represented large national bank in CFPB enforcement proceeding related to alleged UDAAP violations related to auto loan servicing and add-on products.  
    • Represented large technology platform in a series CFPB inquiries related to client’s numerous payments offerings, which included a peer-to-peer payment product, point-of-sale services, and digital assets.  
    • Represented super-regional bank in fair lending examination and potential enforcement action led by OCC.  
    • Represented large credit union in internal investigation related to potential discrimination in home lending business following high-profile reporting alleging bias toward diverse borrowers.  
    • Represented super-regional bank NYDFS enforcement investigation related to credit card offerings.  
    • Represented multiple financial institutions in congressional investigations related to anti-money laundering programs.
    • Represents senior executive of a public company in parallel DOJ and SEC investigations involving securities fraud allegations related to company disclosures. 
    • Represented a national engineering company in False Claims Act investigation conducted by the Department of Justice involving alleged failure to adhere to quality assurance standards mandated by the Department of Energy.

  • LITIGATION HIGHLIGHTS

    • Represented one of the nation’s largest banks in litigation against the CFPB alleging that our client, and its co-defendants, violated the EFTA, among other federal consumer protection laws, by failing to adequately protect consumers from online fraud and scams on the Zelle platform. We secured dismissal of the case with prejudice. 
    • Represented online software company in litigation against the FTC alleging unfair and deceptive marketing practices relating to our client’s marketing of its signature consumer software offering. 
    • Represented large national bank in multiple putative class actions seeking to hold the client liable for both fraud and scam transactions on the Zelle network, including under the EFTA and state consumer protection laws, securing complete dismissal of each action either on the pleadings or at summary judgment. 
    • Represented large national bank in putative class action alleging claims under the EFTA and Regulation E related to unauthorized debit card payments and ATM withdrawals 
    • Represents large national bank in putative class action advancing claims under the EFTA and Regulation E related to alleged unauthorized ACH payments. 
    • Represents large national bank in a putative class action attempting to expand scope of the EFTA and Regulation E to encompass online wire transfers, which historically have been governed by UCC Article 4A. 
    • Represented online software company in litigation brought by public prosecutors under California’s Unfair Competition and False Advertising Laws. 
    • Represented automotive parts manufacturer in numerous putative class actions alleging that our client and its co-defendants colluded to fix the price of certain automotive component parts in violation of the Sherman Act, state consumer protection laws, and state antitrust laws. 
    • Represents officer of public utility in multiple putative class actions and derivative litigation involving fraud allegations related to company disclosures. 
    • Represented technology company in connection with a consumer mass arbitration threat.  
    • Represented government contractor in False Claims Act litigation brought by DOJ arising from alleged payment of unallowable costs. 

Recognition

Insights & News

View all of Benjamin's insights & news

Credentials

  • Education

    • JD, Columbia Law School

      James Kent Scholar, Columbia Law Review

    • BA, Duke University

  • Admissions

    • District of Columbia

    • New York

  • Clerkships

    • The Hon. Nicholas Garaufis, US District Court for the Eastern District of New York

Credentials

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