David L. Permut

David Permut, a retired partner in Goodwin’s Financial Industry and Consumer Financial Services Litigation practices, is resident in the firm's Washington, D.C. office. Mr. Permut specializes in civil litigation, with particular emphasis on the defense of financial institutions in consumer financial services class actions, government investigations and government enforcement actions. He also regularly advises clients on consumer financial services law and compliance issues. Mr. Permut has been recognized by Chambers USA and The Legal 500 for his work in financial services litigation.

Mr. Permut defends against a variety of putative nationwide class actions arising under the Truth in Lending Act (TILA), the Real Estate Settlement Procedure Act (RESPA), state unfair and deceptive acts and practices laws (UDAP), the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), and other consumer lending statutes and regulations. He also has represented a number of financial institutions in contested matters before federal and state administrative agencies. In addition, Mr. Permut advises clients on compliance with consumer financial services laws and regulations.

His recent work includes:

• Representation of a joint venture between a mortgage lender and a real estate broker in two class actions challenging the affiliated business arrangement under RESPA and state law, culminating in a five-week jury trial tried to a defense verdict
• Defense of a major credit card issuer in an MDL proceeding and state attorney general enforcement actions regarding credit card add-on products
• Representation of a major debit card issuer in putative nationwide class actions challenging the assessment of overdraft fees
• Representation of a major mortgage servicer in defending numerous putative nationwide class actions challenging lender-placed insurance practices
• Defense of a major loan servicer in class actions regarding the collection of default servicing fees from debtors in Chapter 13 bankruptcies
• Successful defense of RESPA claims brought against affiliated business arrangements involving appraisal management and credit reporting companies
• Defense of two national lenders in putative class actions challenging captive mortgage reinsurance arrangements

Mr. Permut is a member of the American Bar Association’s Consumer Financial Services Committee and formerly served as a Co-Chair of the Committee’s Housing Finance Subcommittee. Mr. Permut is a member of the Governing Committee of the Conference on Consumer Finance Law.

Mr. Permut is a Fellow of the American College of Consumer Financial Services Lawyers. Mr. Permut has been recognized by The Legal 500 U.S. year over year for his work on financial services litigation and has been listed annually in Chambers USA: America’s Leading Lawyers for Business from 2015 to 2020. In law school, Mr. Permut served as Notes Editor for the Virginia Law Review.

He has appeared as a panelist at a number of continuing legal education seminars and industry and trade association meetings, including events held by the American Bar Association, the American Conference Institute, the Conference on Consumer Finance Law, America’s Community Bankers and the American Bankruptcy Institute.

Mr. Permut’s representative speaking engagements include:

• Speaker, “Federal Preemption and ‘Valid When Made’ in Mortgage Servicing,” Conference of Consumer Finance Law (November 2019)
• Speaker, “‘Valid When Made’ and True Lender Issues,” Conference of Consumer Finance Law (May 2019)
• Speaker, “Auer’s Hour: Recent Developments on Agency Deference,” Mortgage Bankers Association Legal Issues & Regulatory Compliance Conference (May 2019)
• Panelist, "Litigation Developments for Compliance Officers ," MBA Annual Convention & Expo 2017 (October 2017)
• Panelist, "Update on RESPA Developments: PHH v. CFPB," ABA 2017 Consumer Financial Services Committee Winter Meeting (January 2017)
• Panelist, "Fair Lending Updates: Status of Disparate Impact since Texas Department of Housing; Increased Enforcement by Regulators Including the CFPB; Using UDAAP Where Other Statutes or Regulations Fail; The Latest Litigation Strategies and Recent Themes and Issues," ACI 22nd National Forum on Residential Mortgage Litigation & Regulatory Enforcement (January 2017)
• Panelist, "Self-Reporting and Privilege Update," MBA's Legal Issues and Regulatory Compliance Conference 2016 (May 2016)
• Panelist, "A Focus on Class Actions: New Trends in Certification Motions; the Latest on Early Resolution and Settlement Strategy; Recent CAFA and Removal Developments; and Reviewing Campbell-Ewald v. Gomez on Rule 68, Offering Relief and Whether it Moots a Class Claim," ACI's 19th Residential Mortgage Litigation & Regulatory Enforcement Conference (January 2016)
• Speaker, "Anatomy of a Class Action Trial," Boston Bar Association CLE (October 2015)
• Panelist, "Other Claims Against the Industry," MBA Regulatory Compliance Conference (September 2015)
• Panelist, "Fair Lending and Other Significant Litigation," MBA's Legal Issues and Regulatory Compliance Conference 2015 (May 2015)
• Panelist, "Increased Scrutiny of Class Actions: New Trends in Class Definition and Ascertainability; Recent CAFA and Removal Developments; and the Latest on Overcoming Class Action Settlement Hurdles Including Guidance in Dealing with the Approval Process, Strategies to Achieve a Successful Outcome and Ethical Considerations in Settlement Negotiations," ACI's 22nd National Conference on Consumer Finance Class Actions & Litigation (April 2015)
• Panelist, "The Current Wave of Lender-Placed Insurance and Private Mortgage Insurance Claims: Government Action, Private Lawsuits, Trends of Claims Surviving Early Stages of Litigation, Classwide Settlement Features and More," and "Mortgages in Bankruptcy: Prevailing Against the Latest Bankruptcy Litigation Claims," ACI's Residential Mortgage Litigation and Regulatory Enforcement (January 2015)
• Moderator, "CFPB's Mortgage Servicing Rule Amendments," ABA Business Law Section Winter Committee Meeting (January 2015)
• Panelist, "Defending and Managing Claims Relating to Overdraft Fees, Credit, Debit and Prepaid Cards, Bank Add-On Services and Products, Retail Banking & Emerging Payment Models and Enhanced Government Scrutiny Over Payday Loans and Deposit Advance Loans," ACI's 20th National Forum on Consumer Finance Class Actions & Litigation, (October 2014)
• Panelist, “Defending Against New and Emerging Claims Relating to Credit, Debit, and Prepaid Cards and Bank Add-On Services and Products,” ACI’s 18th Consumer Finance Class Actions & Litigation Conference (April 2014)
• Panelist, “Carter v. Welles-Bowen and its Effect on Agency Guidance,” ABA Consumer Financial Services Committee’s 2014 Spring Meeting (April 2014)
• Panelist, “A Focus on Forced Place Insurance and HAMP Litigation: Proven Defense Tactics and Techniques,” ACI’s 12th National Residential Mortgage Litigation and Regulatory Enforcement Conference (September 2013)
• Moderator, ”Housing Finance Escrow Issues: New Regulations and a Force-Placed Insurance Litigation Update,” ABA Consumer Financial Service Committee’s 2013 Spring Meeting (April 2013)
• Panelist, “Debt Cancellation Class Action Litigation,” AON Integramark’s 3rd Annual Legal-Regulatory Seminar (2013)
• Panelist, “Credit Card and Retail Banking Developments,”PLI’s 17th Annual Consumer Financial Services Institute (April 2012)
• Moderator, “The October 2011 Supreme Court’s Two RESPA Cases,” ABA Consumer Financial Services Committee 2012 Spring Meeting (March 2012)
• Panelist, “Updates in Housing Finance and RESPA,” ABA Consumer Financial Services Committee’s 2011 Spring Meeting (April 2011)
• Panelist, “RESPA Litigation Update,” ABA Consumer Financial Services Committee’s 2010 Spring Meeting (April 2010)