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David I. Monteiro

Partner

david.monteiro@morganlewis.com

Dallas Phone +1.214.466.4133 Fax +1.214.466.4001

1717 Main St., Suite 3200//Dallas, TX 75201-7347//United States

David Monteiro focuses his practice on counseling companies facing government investigations and enforcement litigation. A former enforcement attorney with the Federal Trade Commission’s Bureau of Consumer Protection, Division of Financial Practices, David guides financial institutions, retailers, technology firms, and other companies in complying with state and federal consumer protection laws and regulations, responding to examinations and investigations, and defending against government litigation. David has experience in building, implementing, and overseeing complex, large-scale customer remediation programs both to address self-identified compliance issues and to comply with consent orders.

As a government attorney, David conducted investigations into fair lending and UDAP matters, including cases involving major national mortgage lenders, and led the FTC’s Equal Credit Opportunity Act target selection program. Since entering private practice, he has counseled clients on, and defended government investigations into, a range of consumer protection issues arising in the financial services industry, including the UDAAP provisions of the Federal Trade Commission Act and Dodd-Frank Act, the Servicemembers Civil Relief Act, the Truth in Lending Act, and the Fair Debt Collection Practices Act. David has assisted banks, broker-dealers, mortgage servicers, residential and commercial lenders, among others, in responding to investigations, examinations, and audits by the Consumer Financial Protection Bureau, Federal Trade Commission, Securities and Exchange Commission, Department of Justice, FINRA, Department of Housing and Urban Development, Office of the Comptroller of the Currency, federal agency inspectors general, and state financial regulators and attorneys general. David also routinely conducts internal investigations into potential compliance failures and assists clients in developing remediation plans and navigating the self-disclosure process.

David served for two years as a judicial law clerk to Judge Catharina Haynes of the US Court of Appeals for the Fifth Circuit. He continues to maintain an active appellate litigation and complex motions practice, representing depository and non-depository financial institutions, among other clients, before state and federal trial and appellate courts as well as arbitration panels.

Awards and Affiliations

Member, Practice Group of the Year, Competition, Law360 (2017–2019)

Recommended, Antitrust: Cartel, The Legal 500 US (2018)

Leadership Council on Legal Diversity Fellow (2018)

Rising Star, Texas Super Lawyers (2014–2019)

Admissions

  • Texas
  • Massachusetts
  • US Court of Appeals for the Third Circuit
  • US Court of Appeals for the Fifth Circuit
  • US Court of Appeals for the Ninth Circuit
  • US District Court for the Northern District of Texas
  • US District Court for the Southern District of Texas
  • US District Court for the Eastern District of Texas

Clerkships

  • Clerkship to Judge Catharina Haynes of the U.S. Court of Appeals for the Fifth Circuit

Education

  • Georgetown University Law Center, 2007, J.D., magna cum laude
  • Harvard College, 2004, A.B., cum laude

Sectors

  • Automotive & Mobility
  • Financial Services
  • Fintech
  • Banking
  • Retail & Ecommerce
  • Digital Banking

Services

  • Litigation, Regulation & Investigations
  • Consumer Protection Defense
  • White Collar Litigation & Government Investigations
  • Securities Enforcement & Litigation
  • Financial Services Counseling & Litigation
  • Commercial Litigation
  • Antitrust & Competition

Regions

  • North America

Events

6/15/2022 - Automotive Finance and Consumer Protection Developments
1/27/2022 - New York City Bar Association Structured Finance & Securitization Committee January 2022 Meeting
1/21/2021 - What’s Next for Consumer Finance in the Automotive and Mobility Space
1/7/2021 - Enforcement Outlook 2021: Consumer Protection
12/3/2020 - What You Need to Know About California's New Consumer Financial Protection Laws
9/29/2020 - LendIt Fintech USA 2020
5/13/2020 - How to Make Use of Data in a Car: Connected Cars, Payment Tech, Analytics, and Other Opportunities
12/12/2018 - Automotive Advertising & Marketing: Challenges Promoting Innovation with Evolving Technologies

News

9/16/2021 - A Parent or a Partner?
6/18/2021 - Happy Father's Day: The Best Parenting Stories From Lawyer Dads, Law360
4/30/2021 - Morgan Lewis Lawyers, Professional Staff Named to Law360 2021 Editorial Advisory Boards
1/12/2021 - All Signs Point to Aggressive Consumer Protection Under Biden, Compliance Week
7/24/2020 - OCC True Lender Clarification to Establish Legal Certainty for Online Lenders, Global Capital
6/23/2017 - Morgan Lewis Elects 31 New Partners
11/19/2015 - Morgan Lewis Represents PCM in Acquisition of Assets from the North American Technology Group of Systemax, Inc.

Publications

5/4/2022 - CFPB Spring Supervisory Highlights Detail Agency Findings and Priorities
2/10/2022 - 'Madden Fix' Rules Withstand a Key Test: What Happens Next
Winter 2022 - True Lender Issues: One Step Forward, Two Steps Back?, The Journal of Structured Finance
7/16/2021 - Banking Agencies Release Proposed Guidance for Third-Party Relationships
7/1/2021 - True Lender Rule Invalidated
4/28/2021 - CFPB Finalizes Delay of Mandatory Compliance Date for General Qualified Mortgage Final Rule
4/22/2021 - US Supreme Court: FTC Cannot Seek Equitable Monetary Relief in Section 13(b) Cases
3/30/2021 - Members of Congress Introduce Joint CRA Resolution to Overturn the OCC’s True Lender Rule
3/15/2021 - Elections Have Consequences: Biden’s CFPB Leadership Rescinds Previous Administration Self-Fencing of Enforcement Authority
3/4/2021 - CFPB Proposes Delay of Mandatory Compliance Date for General Qualified Mortgage Rule
2/24/2021 - CFPB Provides Status Update Concerning Recently Finalized Qualified Mortgage Rules
2/12/2021 - Acting CFPB Director Calls for Companies to Improve Responses to Consumer Complaints
February 08, 2021 (Updated February 11, 2021) - CFPB’s New Acting Director Signals Significant Shifts in Agency Direction, Policies, and Priorities
1/20/2021 - Q&A: Consumer Protection Outlook Under the Biden Administration
1/19/2021 - California DFPI Staffs Up, Begins Investigating Previously Out-of-Reach Businesses
1/15/2021 - Fair Lending Focus: CFPB Issues Statement on Serving Consumers with Limited English Proficiency
12/11/2020 - CFPB Finalizes Qualified Mortgage Changes
11/10/2020 - State Attorneys General: Status Quo on the Surface, but Change in Washington Means Increased Enforcement Risk From the States
11/9/2020 - CFPB Issues Final (and First Ever) Debt Collection Rule
11/2/2020 - Senate Banking Committee Members Propose Fair Access to Financial Services Act
10/30/2020 - OCC's Final 'True Lender' Rule Should Boost Bank Lending, Law360
10/28/2020 - OCC Issues Final ‘True Lender’ Rule
10/21/2020 - CFPB Issues Final Rule Extending the Qualified Mortgage ‘GSE Patch’
10/6/2020 - CFPB Issues Guidance Regarding Applications for Early Termination of Consent Orders
9/16/2020 - CFPB Outlines Small Business Lending Data Collection Rule Proposals
9/14/2020 - California Means Business (Regulation) with New ‘Mini-CFPB’ Law
8/20/2020 - CFPB Proposes New ‘Seasoned’ Qualified Mortgage Category
8/10/2020 - Executive Actions Provide Limited Mortgage, Rental, and Student Loan Relief
8/7/2020 - Financial Institutions Encouraged to Consider Additional Options for Consumer and Commercial Borrower Accommodations
7/23/2020 - OCC Issues Proposed ‘True Lender’ Rule
7/14/2020 - US Supreme Court to Review FTC’s Right to Seek Equitable Monetary Relief
7/13/2020 - OCC Plans to Introduce Special Purpose National Bank Charter for Payments Companies
7/2/2020 - FDIC Issues Madden Rule and Affirms ‘Valid When Made’ and ‘Most Favored Lender’ Doctrines
6/29/2020 - Supreme Court: CFPB’s Structure Is Unconstitutional, Director Must Serve at President’s Pleasure
6/26/2020 - CFPB Issues Interim Final Rule Regarding Loss Mitigation Options for Homeowners Impacted by COVID-19
6/26/2020 - CFPB Proposes Substantial Amendments to Qualified Mortgage Definition, Addresses GSE Patch
6/22/2020 - CFPB Launches Pilot Advisory Opinion Program, Solicits Comment
6/22/2020 - OCC Madden Rule is First Step Toward Needed Clarity for Banks, Fintechs, and Nonbank Lenders, Westlaw
6/5/2020 - OCC Madden Rule Is First Step Toward Needed Clarity for Banks, Fintechs, and Nonbank Lenders
6/1/2020 - Using Data from the Modern Automobile
5/18/2020 - FHFA Announces Extension on Moratorium on Foreclosures and Evictions; Provides New COVID-19 Forbearance Payment Deferral Repayment Option
5/12/2020 - COVID-19: What Servicers Should Know About Managing Mortgage Loan Forbearances
4/24/2020 - FHFA Announces Four-Month Limit to Servicer Advances for CARES Act Forbearance; Fannie Mae and Freddie Mac Will Purchase Qualified Loans in Forbearance
4/23/2020 - FTC Settlement May Raise the Compliance Bar for Fintechs
4/3/2020 - COVID-19 in Texas: Executive Order Closes Nonessential Businesses, Minimizes Social Gatherings
3/31/2020 - California Executive Orders Provide Consumer and Commercial Relief During COVID-19
3/31/2020 - New Jersey Governor Announces Mortgage Payment Relief, Financial Protections for Residents
3/25/2020 - New York Executive Orders Temporarily Limit Bank, Mortgage Servicer, and Landlord Remedies
3/19/2020 - Foreclosures and Evictions Temporarily Suspended for Fannie and Freddie Mortgages
3/12/2020 - CFPB Announces New Steps to Prevent Consumer Harm
3/6/2020 - Will Regulatory Rollback in the Nation’s Capital Work?
3/5/2020 - Watch Out for California – State Stepping Up Fintech and Lending Regulatory Enforcement
2/3/2020 - Making It the Same Everywhere: States Strive for Uniformity in Money Transmitter Laws, Thomson Reuters
1/27/2020 - CFPB Issues Long-Anticipated Framework for ‘Abusive’ Acts and Practices Supervision and Enforcement
1/14/2020 - ‘As California Financial Regulation Goes, So Goes the Nation’: California Governor Proposes New and Expansive Consumer Protection Law
11/21/2019 - California Financing Law: New Requirements on Consumer Loans
11/8/2019 - Making It the Same Everywhere: States Strive for Uniformity in Money Transmitter Laws
11/7/2019 - Payment Apps – Watch Out for State Attorney General Enforcement
10/4/2019 - CFPB, State Regulator Partner in Loan Broker Suit
9/19/2019 - CFPB Issues First No-Action Letter Under Newly Revised Policy
June 2019 - Parties Settle Midland Funding Interest Rate Litigation, The Banking Law Journal
5/23/2019 - FDIC Settlement with Payday Lenders Drives (One More) Nail into the Choke Point Coffin
5/7/2019 - Another Court Upholds CFPB’s Constitutionality: Does It Matter?
5/7/2019 - CFPB Proposes New Debt-Collection Regulations
4/29/2019 - CFPB Offers Up a More Transparent CID Process
3/5/2019 - Parties Settle Midland Funding Interest Rate Litigation
9/7/2018 - PHH – It’s Back!
4/27/2018 - Out of the Fat and into the Fire: Regulatory Reform in Washington Causes Uptick in States
2/9/2018 - Sensible State Coordination Allows Fintechs to Quickly Enter New Markets
1/24/2018 - CFPB: No More Envelope-Pushing as the Goose Meets Its Gander
11/30/2017 - Practical Considerations for the New CFPB: The Dodd-Frank Goose Meets Its Gander
11/17/2017 - CFPB – What’s Next?
11/15/2017 - Cordray to Step Down as CFPB Director
9/15/2017 - CFPB’s No-Action Letter Is (Mostly) a Positive Action
8/22/2017 - Buyer Beware: CFPB and AGs Settle Claims Against Loan Purchaser
7/18/2017 - In a Clear Signal to CFPB and White House, FTC Announces CID Process Improvements
7/11/2017 - Christmas in July for Plaintiffs Bar—CFPB Arbitration Rule to Take Effect
6/23/2017 - Banking Agencies Give Tame Testimony on Financial Services Reform
6/14/2017 - After Its Promise to Dismantle CFPB, Administration’s More Reasoned Approach May Signal Less Change in Washington
5/1/2017 - UDAAP Authority as ‘Back Door’ to State-Law Enforcement for CFPB? New Lawsuit Again Raises the Question
4/24/2017 - CFPB’s ‘Bridge Too Far’ Becomes a Bridge to Nowhere
2/16/2017 - Can the CFPB Director Be Removed at Will? DC Circuit Orders Rehearing En Banc
2/3/2017 - A ‘Parts’ Failure Leads to Penalties and Is ‘Unfair,’ Says the CFPB
10/11/2016 - CFPB Structure Is Unconstitutional, but Power Not Directly Affected
10/5/2016 - CFPB Finalizes Broad Regulations for Prepaid Cards and Electronic Accounts
9/8/2016 - CA Court Weighs in on “True Lender” Issue as CFPB Expands its UDAAP Enforcement Authority
8/1/2016 - CFPB Previews Anticipated Debt Collection Regulations
8/1/2016 - CFPB Previews Anticipated Debt Collection Regulations
6/2/2016 - Mayday for Payday?
5/6/2016 - CFPB Proposes Ban on Mandatory Arbitration Clauses That Restrict Class Actions
4/22/2016 - DC Court Finds CID Issued Without Statutory Authority “A Bridge Too Far”
3/25/2016 - CFPB Releases Annual Summary of Servicemember Complaints
10/17/2015 - Final Regulation C/HMDA Amendments Announced
7/15/2015 - CFPB Issues List of Consumer Protection Concerns for New Faster Payment Systems