Abigail M. Lyle

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.

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.

• Named a Future Star, Texas, Benchmark Litigation, 2021-2025
• Recommended for Finance: FinTech, Legal 500 United States, 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