W. Kyle Tayman

Kyle Tayman is a partner in the firm’s Financial Industry and Consumer Financial Services Litigation practices, and is also a member of the Government Investigations & Enforcement, Fintech and Antitrust practices. Kyle concentrates his practice on representing and defending banks and financial institutions in government investigations and enforcement actions, False Claims Act litigation, consumer class actions and complex litigation. He 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 also has substantial experience defending corporations, officers, and directors in shareholder actions, defending private equity and commercial clients in complex litigation, and advising fintech clients on consumer regulatory and litigation matters. He joined Goodwin in 2008.

Kyle represents clients in government investigations brought by the CFPB, DOJ, FTC, HUD, and state attorneys general, and regularly defends clients in complex commercial litigation and class action matters at the trial and appellate levels of federal and state courts. He frequently defends clients in enforcement proceedings and litigation under federal and state consumer lending laws, including RESPA, FCRA, ECOA, TCPA, TILA, FDCPA, and UDAAP. His work for clients includes:

• 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 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
• Representation of national mortgage lender in putative class actions alleging violations of TCPA
• 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
• 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
• 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

Kyle is a Barrister member of the William B. Bryant American Inn of Court and a member of the John Carroll Society.

During law school, Kyle served as a law clerk at an international trade law firm in Washington, D.C.

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.

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, “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 2023
• 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