Brian J. Hurh

Partner

T 202.973.4279 Washington, D.C.
I help clients achieve balance between building strong compliance infrastructure and getting products quickly to market.
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Events

02.08.22
The FTC's New GLBA Safeguards – Is Your Security Program Ready?

As co-lead for the regulatory business line of the Banking and Financial Services practice group, Brian helps financial services and technology clients navigate the complex array of federal and state banking, payments, and financial privacy laws. A former systems engineer and computer programmer for an internet payment startup, Brian has both the legal and technical expertise to understand the regulatory and business needs of companies that include banks and non-bank financial services companies, financial technology providers, merchants and marketplaces, and payment service providers.

Brian's regulatory expertise encompasses a broad array of federal consumer financial protection laws and payment network rules (Visa, Mastercard, NACHA), with particular focus on POS financing products like credit and debit cards, personal loans, and buy-now-pay-later plans. He also regularly advises clients on financial data concerns that implicate GLBA and the FCRA. Brian also represents some of the largest providers of prepaid and gift cards and money transfer services, advising them on various legal issues involving money transmission and virtual currency.

Practice Highlights

POS financing product development

Assists clients in the design and launch of both traditional and innovative financial financing products, such as white-labeled credit and debit card programs, secured card products, purchase finance loans and buy-now-pay-later plans. Includes designing user experiences, reviewing marketing and advertising materials, and drafting product documentation such as terms and conditions, legal disclosures and servicing communications, as well as helping to draft and negotiate bank partnership agreements, user agreements, service provider contracts and privacy policies.

Debit cards

Regularly advises several bank and FinTech-bank programs on compliance with debit card and associated account regulations, including decoupled debit and related Durbin rules, EFTA/TISA, and payment network rules.

Financial privacy and credit reporting

Counsels financial institutions on compliance with GLBA privacy and safeguards rules, including navigating Regulation P exceptions to facilitate data sharing in FinTech-bank partnerships, co-brand card programs, and retail-creditor financing arrangements. Also regularly advises clients on compliance with FCRA, as a potential user of consumer reports, furnisher of information to credit bureaus, or provider of consumer reports. Consults with technology companies on structuring identity and fraud mitigation products as non-FCRA services to avoid re-characterization as consumer reporting agency under FCRA.

Admitted to Practice

  • District of Columbia
  • Virginia

Education

  • J.D., American University Washington College of Law, 2005, cum laude
    • Senior Note and Comment Editor, American University-ABA Administrative Law Review
    • Founding Member; Managing Editor - Business Law Brief
  • M.Eng, Operations Research, Industrial Engineering, Cornell University College of Engineering, 1999
  • B.S., Operations Research, Industrial Engineering, Cornell University College of Engineering, 1998

Memberships & Affiliations

Background

    • Technology Management Consultant, PricewaterhouseCoopers LLP
    • Systems Engineering Manager, InternetCash
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