Courtney L. Hayden

Courtney Hayden, counsel in Goodwin’s Complex Litigation & Dispute Resolution and Consumer Financial Services Litigation practices, represents and specializes in the defense of consumer financial services companies, including banks, non-bank financial institutions, mortgage lenders and servicers, and fintech and other technology companies. She represents clients facing government investigations, enforcement actions, class actions, and other complex litigation. Courtney regularly defends against unfair, deceptive, and abusive acts or practices claims brought under statutes such as the Consumer Financial Protection Act, and claims asserted under the Fair Housing Act (FHA), the Equal Credit Opportunity Act (ECOA), the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA), the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA), and various state laws including Massachusetts General Law Chapter 93A. Courtney has extensive expertise defending against fair lending claims and inquiries into clients’ innovative financial products.

Courtney’s practice is nationwide, representing clients in federal and state courts throughout the country, and investigations and enforcement actions led by a variety of federal and state agencies. She represents companies in investigations and lawsuits led by agencies including the Consumer Financial Protection Bureau (CFPB), the Massachusetts Attorney General’s Office, the Massachusetts Commission Against Discrimination (MCAD), and a multitude of other state consumer protection agencies.

Courtney also advises companies on consumer finance regulations, banking laws, and compliance and transactional matters.

Courtney is a longstanding editor of Consumer Finance Insights, a firm blog that monitors and analyzes news and legal issues affecting the consumer finance industry, and Goodwin’s Consumer Financial Services Year in Review, an annual publication synthesizing the past year’s industry developments and providing prospective industry analysis.

Courtney's representative experience includes:

• Counsel for multiple banks, mortgage lenders, fintechs, proptechs, and other companies in investigations and lawsuits by the CFPB and state agencies concerning mortgage lending, banking, credit reporting, alternative financing products and other consumer finance issues
• Counsel for multiple fintech companies in investigations into alleged discriminatory practices led by the MCAD; secured dismissals of all
• Obtained summary judgment and appellate victory for top mortgage lender in complex enforcement litigation concerning fair lending practices
• Obtained summary judgment on various state and federal claims alleging mortgage servicing violations; affirmed by First Circuit
• Defeated class certification in mortgage servicing case alleging ECOA and state unfair competition law violations arising out of untimely responses to loan modification applications
• Prevailed on motion to strike class claims arising out of alleged mortgage servicing violations
• Led successful defense of numerous lawsuits against banks arising out of alleged mortgage servicing and origination violations throughout New England and other states
• Advised company and provided regulatory advice on money transmitter licensee matters
• Provided regulatory advice to fintech company on licensing, change of control matters
• Provided regulatory payment advice on debit card and payroll card programs concerning fintech company

Courtney is an active member of multiple national and local bar associations, including the American Bar Association (ABA) and Boston Bar Association (BBA). She previously served as a Young Lawyers Liaison between the ABA’s Consumer Financial Services Committee and the Diversity, Equity + Inclusion Committee.

Locally, Courtney serves on the BBA’s Women’s Leadership & Advancement Forum, a group of local leaders dedicated to promoting and generating change in gender equality within the legal profession. Courtney previously was co-chair of the BBA’s Senior Associates Section, served on the Steering Committee of the BBA’s Multidistrict Litigation & Class Actions Section, and was a liaison between the BBA’s Financial Services Section and the New Lawyers Section.

In addition, Courtney is a member of Goodwin’s Women’s Initiative, which supports and advances the development and leadership of Goodwin’s women attorneys.

While in law school, Courtney interned at the U.S. House of Representatives Committee on Financial Services. She also worked as a student attorney for Washington College of Law’s Federal Tax Clinic, where she counseled and represented clients in controversies before the I.R.S. and U.S. Tax Court.

Courtney is co-editor of Goodwin’s Consumer Finance Insights blog that monitors and analyzes news and legal issues affecting the consumer finance industry.

Her recent publications include:

• Author, “‘Reverse Redlining’ Suit Reveals Language Risks for Lenders,” Law360, November 2024
• Speaker, “Consumer Financial Services Emerging Issues for 2024,” Massachusetts Division of Banks Annual Training, June 2024 
• Co-Author, “2023 Consumer Financial Services Year in Review,” Goodwin Insights, February 2024
• Speaker, “Ensuring Marketing Compliance: Insights from Recent Enforcement Actions,” PerformLine, August 2023
• Co-Author, “2022 Consumer Financial Services Year-in-Review,” Goodwin Insights, February 2023
• Co-Author, “How The 5th Circ.'s CFPB Ruling Has Been Applied So Far,” Law360, January 2023
• Co-Author, “2021 Year in Review: Consumer Finance,” Goodwin Insights, February 2022
• Author, “Bank to the Fire: Lessons from the HAMP Era for CARES Act Compliance and Civil Litigation,” December 2021
• Co-Author, “2020 Year in Review: Consumer Finance,” Goodwin Insights, February 2021
• Co-Author, “Trends In U.S. Paycheck Protection Program Class Actions,” Goodwin Client Alert, April 2020
• Author, “Court Rules Against Plaintiff Challenging Implementation of Paycheck Protection Program,” Lenderlaw Watch, April 2020
• Co-Author, “Consumer Finance 2019 Year in Review,” Goodwin Insights, March 2020
• Co-Author, “Consumer Finance 2018 Year in Review,” Goodwin Insights, February 2019