Kyle Tayman is a partner in the firm’s Financial Services, Consumer Financial Services Enforcement and Litigation, Fintech, Data, Privacy & Cybersecurity, and Digital Currency & Blockchain practices. Kyle regularly represents clients in the financial services, banking, technology, AI, digital marketing and other industries in government investigations and enforcement actions, complex consumer financial and privacy class actions, mass arbitrations, and complex litigation. He frequently counsels clients on regulatory compliance enforcement and litigation risk avoidance with respect to federal and state consumer protection, privacy and marketing laws.
Kyle is the lead editor of Goodwin’s Consumer Finance Insights blog, which is the marketplace’s first resource for real-time reporting on the full range of public federal and state consumer finance enforcement activity. He regularly publishes and speaks on current enforcement and litigation trends, serves on the firm’s committee for attorney development, and is a board member for a national non-profit focused on legal issues for homelessness. He joined Goodwin in 2008.
Experience
As trusted legal counsel, Kyle represents clients in significant government enforcement and litigation matters against the CFPB, DOJ, FTC, FDIC, FRB, HUD, and state financial services, consumer protection, privacy and cybersecurity agencies. He regularly defends clients in complex commercial litigation and class action matters at the trial and appellate levels of federal and state courts. Kyle has expertise representing and advising clients on federal and state consumer protection, lending, fair lending and privacy laws, including UDAAP / UDAP, TCPA, TSR, FCRA, TILA, FDCPA, CIPA, CCPA, CCRAA, ROSCA, RESPA and ECOA.
Representative Matters
- Successfully enforced arbitration agreement in defense of nationwide lender subject to a TCPA class action lawsuit.
- Defense of nationwide lender in FCRA and CCRAA class action lawsuit.
- Defeated class certification and appeal of certification denial of a putative nationwide class of individuals who allegedly received a telephone call on their cellphones regarding mortgage loans and refinances in violation of the TCPA. Jacobs v. Quicken Loans Inc., No. 15-cv-81386 (S.D. Fla.); No. 19-90028 (11th Cir.).
- Won summary judgment and obtained favorable dismissal in putative nationwide class action alleging several different violations of the TCPA and FCC regulations before plaintiff moved for class certification. Nece v. Quicken Loans Inc., No. 16-cv-2605 (M.D. Fla.).
- Defeated class certification of a putative nationwide class of individuals seeking recovery under the TCPA for allegedly receiving telephone calls on their cellphones marketing residential home mortgage modifications. Newhart v. Quicken Loans Inc., No. 9:15-CV-81259 (S.D. Fla.).
- Representation of national mortgage lender in putative class actions alleging violations of TCPA.
- Achieving dismissal of a qui tam False Claim Act action for FHA mortgage origination brought against First Horizon Bank. U.S. ex rel. Brian Hastings v. Wells Fargo Bank NA Inc. et al., 2:12-cv-03624 (C.D. Cal. July 15, 2014).
- Successful defense of numerous lawsuits against bank clients alleging wrongful foreclosure and violation of the Truth-in-Lending Act, the Real Estate Settlement Procedures Act, and state consumer protection laws.
- Representing multiple bank clients in successful defense of several state-wide class actions brought by county recorders alleging failure to pay recordation fees.
- Achieving dismissal of a lawsuit against Mail.ru Group Limited and certain investment funds alleging money service businesses violated California’s Money Transmission Act by failing to obtain proper licensing.
- Defense of leading credit repair company in litigation brought by the CFPB under the TSR.
- Successful defense of personal loan lender against SCRA investigation by DOJ.
- Represented digital marketing company in consumer protection investigation by state agency.
- Represented FinTech company in response to CFPB civil investigative demand under the EFTA.
- Resolved fair lending investigation by DOJ Civil Rights Division of national bank client.
- Representation of Quicken Loans in lawsuit filed against the federal government concerning the administration of the FHA loan program (Quicken Loans v. United States, 15-cv-11408 (E.D. Mich.)) and defense of a False Claim Act lawsuit and investigation brought by the Department of Justice (United States v. Quicken Loans, 15-cv-00613 (D.D.C.)).
- Successful defense of credit card lender against Consumer Financial Protection Bureau (CFPB) investigation under Fair Credit Reporting Act.
- Successful defense of national mortgage lender in investigation under Real Estate Settlement Procedures Act brought by CFPB.
- Representing a mortgage lender in a criminal fraud investigation brought by a state attorney general’s office.
- Successful defense of multiple HUD investigations into the fair lending practices of mortgage lenders under the Fair Housing Act.
- Defense of nationwide mortgage lender and servicer in consumer class action arising from cybersecurity breach.
- Defense of nationwide online retailer against mass arbitration demand for alleged violations of CIPA.
- Defense of leading cloud computing and technology company against consumer class action lawsuit arising from alleged cybersecurity incident.
- Defense of multiple online retailers and technology companies against alleged violations of CIPA for use of internet marketing tools.
- Representing nationwide lender in NYDFS investigation for compliance with Part 500 cybersecurity regulations and data incidents.
- Representing global technology and AI company in consumer class action under state wiretapping and eavesdropping laws.
- Successful defense of AI technology provider against alleged violation of Massachusetts wiretapping law.
- Successful defense of dozens of TCPA class action lawsuits for clients across the lending, health care, lead generation, digital marketing, technology, cannabis, and online retail industries.
- Representing leading FinTech client in FTC investigation under UDAP, ROSCA and FTC Act.
- Representing online consumer and small business lender against False Claims Act investigation.
- Representing online media company in FTC investigation for compliance with consumer marketing and advertising regulations.
- Successful defense of leading crypto exchange against consumer claims for alleged theft of cryptocurrency.
- Representing Five Mile Capital Partners in successfully blocking a shareholder action to preliminarily enjoin a merger transaction.
- Defending a pro bono client on death row in a habeas petition.
Areas of Practice
Professional Activities
Kyle is a board member of the National Homeless Law Center. He is also a member of the Mortgage Bankers Association and American Bar Association.
Professional Experience
During law school, Kyle served as a law clerk at an international trade law firm in Washington, DC.
Credentials
Education
JD2008
Georgetown University Law Center
(cum laude)
BA2003
Georgetown University
(cum laude)
Admissions
Bars
- District of Columbia
- Massachusetts
Courts
- U.S. District Court for the District of Columbia
- U.S. District Court for the District of Maryland
- U.S. District Court for the District of Massachusetts
- U.S. District Court for the Eastern District of Michigan
- U.S. Court of Appeals for the Ninth Circuit
Recognition & Awards
Kyle was a 2021 recommended lawyer for Financial Services: Litigation by The Legal 500. While attending law school, Kyle was on the executive board for the Georgetown Journal of Law & Public Policy.
Publications
Kyle is an author and contributor to Goodwin’s annual Consumer Finance Year-in-Review, providing commentary and lessons learned on consumer financial services government enforcement and litigation matters.
Kyle’s recent speaking engagements include:
- Speaker, “Consumer Financial Services: Emerging Issues for 2024,” Webinar, March 2024
- Speaker, “Hot Button Issues for Consumer Protection Enforcement and Litigation in 2023,” Webinar, January 2023
- Presenter, “The Supreme Court’s Landmark Business-Friendly TCPA “Autodialer” Definition,” Webinar, April 2021
- Presenter, “Growing TCPA Litigation Trends In The Cannabis Industry,” Webinar, August 2020
- Presenter, “Supreme Court and Appellate Courts Year in Review,” Webinar, September 2019
- Presenter, “What's Happening Inside the CFPB and How it Impacts State Enforcement of Consumer Finance Laws,” Webinar, May 2018
- Speaker, “2017 Consumer Finance Year in Review and 2018 Predictions,” Consero 2018 Financial Services & Insurance Information Forum, April 2018
Kyle’s recent publications include:
- Co-Author, “Updated AAA Rules and Fees Could Change the Mass Arbitration Landscape,” Goodwin Client Alert, January 24, 2024
- Co-Author, “FCC Proposes New, Stricter TCPA Rules That Would Limit Lead Generation to One-Company Consent,” Goodwin Client Alert, December 11, 2023
- Co-Author, “Internet Privacy Litigation Continues to Create Uncertainty for Websites Using Third-Party Technology while Expanding to More States,” Goodwin Client Alert, October 18, 2023
- Co-Author, “Website Operators Should Take Steps to Mitigate Risk of Session Replay and Chatbot Technology Litigation,” Data, Privacy & Cybersecurity Blog, August 4, 2023
- Co-Author, “Florida Amends Mini-TCPA, Clarifies Confusion,” Goodwin Client Alert, June 22, 2023
- Co-Author, “California Invasion of Privacy Act (CIPA) Decisions Continue to Create Uncertainty for Websites Using Third-Party Technology,” Goodwin Client Alert, June 8, 2023
- Co-Author, “Mini-TCPA Laws You Should Know and That May Be Coming Soon in 2023,” Westlaw Today, March 10, 2023
- Co-Author, “Agency Actions Show Shared Focus On Digital Ad Tactics,” Law 360, February 1, 2023
- Co-Author, “What To Expect From CFPB's Entry Into Cryptocurrency Arena,” Law 360, June 6, 2022
- Co-Author, “Florida’s Telephone Solicitation Act Survives First Constitutional Challenge,” Goodwin Client Alert, May 31, 2022
- Co-Author, “Florida Tightens Telemarketing Restrictions In Wake of Duguid Ruling,” Goodwin Client Alert, July 2021
- Co-Author, “A View From Inside: A Guide to NYDFS Investigations,” Goodwin’s Periodic Review of Special Legal Developments Affecting Lending and Other Financial Institutions, February 2021
- Co-Author, “2020 Year in Review: Consumer Finance,” JDSupra, February 2021
- Co-Author, “A View From Inside: A Guide to CFPB Investigations,” The Review of Banking & Financial Services, January 2021
- Co-Author, “FCC’S Year-End TCPA Orders Place New Limitations On Automated & Prerecorded Calls,” JDSupra, January 2021
- Co-Author, “U.S. Cannabis Companies Texting & Calling Customers are Growing Targets of Telephone Consumer Protection Act Lawsuits,” JDSupra, June 2020
- Co-Author, “Trends in U.S. Paycheck Protection Program Class Actions,” JDSupra, April 2020
- Co-Author, “COVID-19 and Consumer Financial Services: Navigating New U.S. and State Orders, Rules, Laws, Guidance, and Pleas,” Goodwin Client Alert, March 2020
- Co-Author, “Consumer Finance 2019 Year in Review,” Goodwin Insights, March 2020
- Co-Author, “State of Enforcement: Recent Issues and Trends Facing the Financial Services Industry,” Goodwin Insights, April 2019
- Co-Author, “Consumer Finance 2018 Year in Review,” Goodwin Insights, February 2019
- Co-Author, “D.C. Circuit Rules in Long-Awaited Decision on the TCPA in ACA International V. FCC,” Goodwin Client Alert, March 2018