Kirk D. Jensen
- p. 202.349.8048
- f. 202.349.8080
Kirk Jensen is a partner with BuckleySandler LLP. Kirk represents financial services and other clients in a variety of government enforcement actions, investigations, and examinations, as well as in regulatory compliance matters and complex litigation. He has extensive experience representing and advising clients in matters initiated by the CFPB, DOJ, OCC, FRB, FTC, FDIC, HUD, state banking regulators, state attorneys general, and GSEs. Kirk has also advised many clients in connection with complex transactional matters related to financial institutions.
Kirk devotes a substantial portion of his practice to advising clients in matters relating to federal and state consumer protection laws, including laws relating to unfair, deceptive or abusive practices; fair lending laws, including the FHA and ECOA; TILA; FDCPA; FCRA; RESPA; laws relating to privacy and data security; and consumer arbitration. He has particular expertise in matters related to the federal Servicemembers Civil Relief Act (SCRA) and related state laws, having represented several institutions in landmark settlements and advised many institutions in enhancing their SCRA compliance programs and preparing for examinations.
Kirk’s significant representations have included:
- Representing mortgage servicers, credit card issuers, automobile loan servicers, and student loan servicers in SCRA-related matters initiated by the DOJ and other federal and state agencies;
- Representing a mortgage lender in negotiating the first joint CFPB-DOJ fair lending settlement;
- Representing numerous banks and non-banks in CFPB examinations, investigations, and enforcement actions relating to business lines such as mortgage origination and servicing, auto finance, student lending and servicing, and debt collection;
- Representing a mortgage lender in litigation against the DOJ regarding fair lending allegations;
- Advising major banks in horizontal mortgage servicing reviews and risk assessments required by federal regulators during the mortgage foreclosure crisis;
- Advising clients regarding regulatory examinations related to “robo-signing” and mortgage document practices during the foreclosure crisis;
- Representing a financial institution in negotiating a settlement with the FTC regarding privacy and data security allegations;
- Advising clients in connection with due diligence and acquisition of a reverse mortgage lender, mortgage servicers, credit card processing vendor, and other complex commercial transactions;
- Representing clients in obtaining removal from Freddie Mac’s “Exclusionary List”;
- Representing mortgage servicers in litigation initiated by state attorneys general regarding mortgage servicing and loan modification practices;
- Representing banks and non-banks in investigations, enforcement actions, and litigation by state attorneys general relating to consumer protection laws;
- Representing mortgage lender in class actions and complex civil litigation related to loan repurchase demands, fair lending, TILA, state law compliance, and other consumer protection claims;
- Representing numerous financial services trade associations as amicus curiae in the United States Supreme Court and various federal and state courts;
- Representing banks and non-banks in a variety of policy-related matters, including drafting litigation, commenting on proposed administrative rules, and other policy-related advocacy; and
- Representing client in what was at the time the largest change in corporate form of a licensed financial institution in U.S. history.
Kirk also writes and speaks extensively on financial services issues, including issues related to SCRA compliance and enforcement, best practices in mortgage lending and servicing, unfair and deceptive acts and practices in the financial services industry, debt collection, and consumer arbitration. His articles have appeared in a variety of academic journals, industry journals, and other trade and bar publications.
Kirk is active in the American Bar Association, and is currently Co-Chair of the Mortgage and Foreclosure Subcommittee of the Real Estate Litigation Committee and past Chair of the Residential Real Estate Litigation Subcommittee. He is also a member of the editorial board of the Banking Law Journal.
Before joining BuckleySandler as a founding partner, Kirk was a partner with Buckley Kolar LLP. Before that, he practiced with Wilmer Cutler Pickering LLP in Washington, DC and with Womble Carlyle Sandridge & Rice, PLLC in Charlotte, NC. Prior to entering private practice, he served as a law clerk to the Honorable Deanell Reece Tacha, Chief Circuit Judge, United States Court of Appeals for the Tenth Circuit.
Kirk received his J.D. from Duke University School of Law in 2000 (Order of the Coif; Research Editor, Duke Law Journal; J. Paul Coie Scholar) and his B.A. from Brigham Young University in 1995 (cum laude, nominated to Phi Kappa Phi).
Represented Honda in $24 million settlement with DOJ and CFPB in a fair lending matter related to dealer participation practices.
Ongoing representation of student loan servicer in responding to CFPB CIDs relating to student loan origination and collection practices.
Ongoing representation of multiple indirect auto finance companies in an investigation by the New York Department of Financial Services into fair lending compliance.
Ongoing representation of student lender in a DOJ investigation into that lender’s compliance with the SCRA.
Ongoing representation of multiple indirect auto finance companies in a joint CFPB/DOJ investigation into fair lending compliance.
Represented National City Bank, and its successor-in-interest, PNC, in joint CFPB and DOJ settlement resolving allegations that National City’s discretionary pricing policies in its mortgage len... MORE
Representing regional bank in CFPB fair lending investigation focusing on discretionary pricing in an acquired legacy portfolio.
Ongoing representation of regional bank in a CFPB investigation into loan modification practices.
Two companies that allegedly failed to safeguard discarded, sensitive personal information will pay $101,500 to settle related Federal Trade Commission charges filed in the U.S. District Court for the... MORE
The Department of Justice alleged that two major national lenders failed to comply with SCRA lending requirements and guidelines, including confirming independently whether borrowers were on active du... MORE
Negotiated settlement with Nevada Attorney General. The Attorney General alleged that Pulte violated the Nevada Deceptive Trade Practices Act by denying certain earnest money refund requests, by... MORE
Represented plaintiff in lawsuit alleging that the Arizona and Nevada Attorneys General violated its due process rights by (1) retaining outside counsel that was simultaneously representing a party in... MORE
Negotiated settlement with Arizona Attorney General. The Attorney General alleged that Pulte violated the Arizona Consumer Fraud Act by denying certain earnest money refund requests, by inquirin... MORE
Represented Carrington Mortgage Services, LLC in lawsuit alleging breach of contract and unfair and deceptive trade practice relating to mortgage loan servicing and modifications. The case was settled... MORE
Lawsuit alleging breach of employment and service contracts and copyright infringement, as well as deprivation of the plaintiffs' constitutional rights.
Putative statewide class action brought by Alabama borrowers alleging that lender violated Truth in Lending Act by not excluding from the finance charge fees that the borrowers alleged were improperly... MORE
Putative statewide class action alleging that lender violated Maryland’s Secondary Mortgage Loan Law by charging fees other than fees denominated “origination fee.” Client prev... MORE
Represented mortgage originator in repurchase litigation brought by purchaser of mortgages alleging violation of loan underwriting guidelines.
Lawsuit by consumer advocacy group alleging that lender violated the Fair Housing Act by adopting policies against making loans secured by row homes or by properties valued below a specified threshold... MORE
Putative nationwide class action alleging that lender’s “discretionary pricing policy” violated Fair Housing Act and Equal Credit Opportunity Act.
Submitted Amici Curiae Brief on behalf of Mortgage Insurance Companies of America, Mortgage Bankers Association and Consumer Mortgage Coalition in support of mortgage insurer in connection with appeal... MORE
July 13, 2012
The Banking Law Journal, February 1, 2012
Westlaw Journal, February 14, 2011
Consumer Financial Services Law Report, October 27, 2010