Overview

Abigail’s practice focuses on regulatory compliance and defending companies in enforcement actions and litigation related to consumer protection laws. Abigail regularly defends companies in litigation involving lending and deposit practices and federal and state consumer protection laws. She also advises clients on a variety of compliance issues, including fair lending (Equal Credit Opportunity Act, Regulation B, and Fair Housing Act), mortgage origination and servicing (Truth in Lending Act, Real Estate Settlement Procedures Act, flood insurance issues, and licensing), deposit products (Regulation E, Regulation DD, and overdraft and NSF practices), and consumer protection, including marketing practices (Fair Credit Reporting Act, Fair Debt Collection Practices Act and its state counterparts, Telephone Consumer Protection Act and its state counterparts, and Unfair Deceptive or Abusive Acts or Practices). She regularly represents regulated entities, directors, and officers in investigations, examinations, and enforcement actions by the Department of Justice, Consumer Financial Protection Bureau, Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, Federal Reserve, Texas Department of Banking, and U.S. Department of Housing and Urban Development, including responding to notices of violation, examination findings, and administrative proceedings on issues relating to lending and deposit practices and consumer protection.

Abigail served as a judicial clerk for the Honorable William P. Dimitrouleas of the U.S. District Court for the Southern District of Florida from 2009-2011. Abigail is admitted to practice before the U.S. Court of Appeals for the Fifth Circuit, the U.S. Court of Appeals for the Eleventh Circuit, the U.S. District Courts for the Southern, Middle, and Northern Districts of Florida, the U.S. District Courts for Eastern, Northern, Southern, and Western Districts of Texas, and the U.S. District Court for the Eastern District of Wisconsin.

Experience

Litigation Experience

  • Represents financial institution in putative class action relating to overdraft and NSF fee practices.
  • Represents financial institution in putative class action litigation asserting Telephone Consumer Protection Act claims.
  • Represents financial institution in putative class action relating to debt collection practices.
  • Represents Fintech company in national portfolio of litigation relating to consumer protection claims.
  • Defended financial institution in putative class action asserting Regulation E and state unfair and deceptive claims.
  • Defended national restaurant chain in class action litigation asserting Telephone Consumer Protection Act claims.
  • Defended multiple financial institutions in putative class actions relating to overdraft and NSF fee practices.
  • Defended national retailer in putative class action litigation asserting claims under the Telephone Consumer Protection Act.
  • Defended credit union in class action litigation relating to credit insurance product.
  • Defended national mortgage servicer in class action litigation relating to force-placed insurance.
  • Defended financial institution in Truth in Lending Act class action.
  • Defended financial institutions in class actions involving credit card lending practices and securities fraud.
  • Defended national bank in connection with €100 million advance fee prime bank fraud.
  • Defended financial institutions, including credit card issuers, Fintech companies, mortgage lenders, and auto lenders, in numerous Telephone Consumer Protection Act, Fair Credit Reporting Act, Truth in Lending Act, and Fair Debt Collection Practices Act litigation matters.

Compliance Experience

  • Advised dozens of financial institutions and Fintech companies regarding fair lending issues, including analysis of potential disparate impact and redlining risk areas related to lending policies and programs.
  • Advised dozens of financial institutions in connection with Regulation DD and Regulation E compliance and developing compliant overdraft and NSF products and services.
  • Advised multiple financial institutions and investors in connection with the financing, purchase, and securitization of loan products and potential acquisitions of financial services companies.
  • Advised mortgage lenders and Fintech companies on multiple matters involving Section 8 of the Real Estate Settlement Procedures Act and developing compliant agreements and services.
  • Advised numerous financial services companies, retailers, restaurant chains, and utility companies regarding Telephone Consumer Protection Act compliance and developing compliant marketing and collection programs.
  • Advised numerous financial services companies on compliance with the Fair Debt Collection Practices Act, Truth in Lending Act, Real Estate Settlement Procedures Act, Unfair Deceptive or Abusive Acts or Practices, and related policies and procedures.
  • Advised numerous financial institutions, Fintech companies, and retailers in connection with Fair Credit Reporting Act compliance and developing compliant products and services.
  • Advised numerous financial institutions in connection with flood insurance regulations.
  • Advised multiple entities regarding state licensing requirements for lending and servicing activities.

Enforcement Experience

  • Represented dozens of financial institutions, directors, and officers in examinations and enforcement actions by the Department of Justice, Consumer Financial Protection Bureau, Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, Federal Reserve, Texas Department of Banking, and U.S. Department of Housing and Urban Development.
  • Represented dozens of financial institutions in connection with examinations and investigations related to fair lending laws, including numerous Department of Justice referrals and investigations.
  • Represented multiple financial institutions in connection with examinations and investigations related to overdraft and NSF fee practices.
  • Assisted multiple banks, mortgage companies, and Fintech companies in preparing for regulatory examinations by performing reviews of their lending, servicing, and deposit practices, policies, and procedures.
  • Defended multiple U.S. Department of Housing and Urban Development notices of violation and administrative actions.
  • Defended multiple financial institutions in connection with civil money penalty referrals for alleged violations of Unfair Deceptive or Abusive Acts, flood insurance regulations, and overdraft and NSF requirements.


Accolades

Honors & Recognitions

  • Named a Future Star, Texas, Benchmark Litigation, 2021-2024
  • Selected as a “Rising Star” for Business Litigation, Florida Super Lawyers magazine, 2016
  • Named a “Rising Star” among the top lawyers in Florida by Florida Super Lawyers magazine, 2014-2017

Insights

Events & Speaking Engagements

  • February 13, 2024
    Event
    Speaker
    ICBA Webinar: Legal Trends and Insights on Deposit Fees, Dallas, TX
  • January 25, 2024
    Event
    Speaker
    The Bank CEO Network, Redlining – A New Hot Button, Dallas, TX
  • May 7-12, 2023
    Event
    Speaker
    The Bank CEO Network, Responding to Regulatory Trends, Tucson, AZ
  • September 16, 2022
    Event
    Speaker
    SWBAC and TBA 2022 Annual Legal Conference, Fair Lending Hot Topics and Regulatory Focus Areas, Fort Worth, TX
  • May 17, 2022
    Event
    Speaker
    The Bank CEO Network, Turning the Corner: What Was Coming Is Now Here, Dallas, TX
  • February 28-March 1, 2022
    Event
    Speaker
    The Bank CEO Network, 2022 First Annual Forum, Operational and Regulatory Compliance Issues – Focus Areas for 2022, San Antonio, TX
  • September 28, 2021
    Event
    Speaker
    Independent Community Bankers of America, Banking Hot Topics With a Back-to-the-Future Element, Dallas, TX
  • August 25, 2021
    Event
    Speaker
    Independent Community Bankers of America, 2021 LEAD FWD Summit, Fair Lending and Fair Access Under the Biden Administration, Dallas, TX
  • May 2-14, 2021
    Event
    Speaker
    The Bank CEO Network, The Evolving Impact of the Biden Administration on Regulatory Compliance, Dallas, TX
  • February 10, 2021
    Event
    Speaker
    Independent Community Bankers of America, Consumer Compliance – What to Expect in 2021, Dallas, TX
  • June 11, 2020
    Event
    Speaker
    Credit Union Compliance Professionals, Fair Lending: State of Enforcement & Focus Areas for 2020, Dallas, TX
  • May 21, 2020
    Event
    Speaker
    Independent Community Bankers of America, Why Fight Rather Than Settle – The Scarlet Letter of Enforcement Actions, Dallas, TX
  • January 19, 2020
    Event
    Speaker
    Bank Regulatory Update, Officer’s Retreat, Fort Worth, TX
  • December 30, 2019
    Event
    Speaker
    BankersWeb, What Board of Directors Should Know About Compliance: An Overview of Hot Topics and Focus Areas in Banking Compliance, Dallas, TX
  • October 22, 2019
    Event
    Speaker
    Independent Community Bankers of America, Annual Current Issues Certification Conference: Fair Lending: Hot Topics and Focus Areas for 2019, Charlotte, NC
  • October 10, 2019
    Event
    Speaker
    Independent Community Bankers of America Webinar: Anything Old is New Again: Recent Trends in Fair Lending, Overdraft, Flood Insurance, and Consumer Protection, Dallas, TX
  • October 1, 2019
    Event
    Speaker
    NAFCU Regulatory Compliance Seminar: Fair Lending Exam Procedures
  • September 25, 2019
    Event
    Speaker
    Marketing, Texting, and the TCPA – The Changing Landscape, Richmond, VA
  • September 24, 2019
    Event
    Speaker
    Independent Community Bankers of America, Annual Current Issues Certification Conference: Fair Lending: Hot Topics and Focus Areas for 2019, Minneapolis, MN
  • May 2, 2019
    Event
    Speaker
    TIB Conference, Fair Lending: State of Enforcement and Focus Areas for 2019
  • February 15, 2019
    Event
    Speaker
    Banking Law Forum, Consumer Compliance: The CFPB, UDAAP, and Fair Lending, Miami, FL
  • October 23, 2018
    Event
    Speaker
    Independent Community Bankers of America, Annual Current Issues Certification Conference: Fair Lending in the Post De-Regulation Era, Phoenix, AZ
  • September 25, 2018
    Event
    Speaker
    Independent Community Bankers of America, Annual Current Issues Certification Conference: Fair Lending in the Post De-Regulation Era, Minneapolis, MN
  • May 30, 2018
    Event
    Speaker
    Risky Business: Data Practices That Could Cause Trouble, Nineteenth Annual Institute on Privacy and Data Security Law, New York, NY
  • July 14, 2016
    Event
    Speaker
    Indirect Auto Lending, The CFPB and DOJ’s Regulation of Indirect Auto Lending Through Continued Enforcement Actions, Plano, TX
  • February 21, 2014
    Event
    Speaker
    Florida Banker Association Risk Management Workshop: Compliance Risk – UDAAP, Fair Lending, & Third Party Risk Management, Tampa, FL
  • February 20, 2014
    Event
    Speaker
    Florida Banker Association Risk Management Workshop: Compliance Risk – UDAAP, Fair Lending, & Third Party Risk Management, Miami, FL
  • September 23, 2013
    Event
    Speaker
    Western Independent Bankers 2013 Education Summit & Expo: Want to Avoid Surprises in Fair Lending, UDAAP, Third-Party Risk and Compliance Management Systems? Anaheim, CA
  • June 6, 2013
    Event
    Speaker
    FIBA presents: Fair Lending, Third-Party Risk and UDAAP, and other Big Picture Hot Button Compliance Issues, Miami, FL

Publications

News

Education

JD, University of Miami School of Law, summa cum laude, Order of the Coif, Writing & Research Editor for the University of Miami Law Review, Miami Scholar, 2007

BA, Political Science, Furman University, magna cum laude, Phi Beta Kappa, Phi Eta Sigma, Pi Sigma Alpha, 2003

Admissions

Texas

Florida

North Carolina

Courts

US Court of Appeals, Fifth Circuit

US Court of Appeals, Eleventh Circuit

US District Court, Southern District of Florida

US District Court, Middle District of Florida

US District Court, Northern District of Florida

US District Court, Eastern District of Texas

US District Court, Northern District of Texas

US District Court, Southern District of Texas

US District Court, Western District of Texas

US District Court, Eastern District of Wisconsin

Clerkships

Jump to Page