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| Phone: (202) 342-8520 |
Fax: (202) 342-8451 |
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Joel Hewer is a partner in the firm’s Washington, D.C. office. As co-chair of the Consumer Financial Services group, Mr. Hewer leverages his experience in compliance, counseling, and regulator and consumer inquiries to add value for his clients on a wide range of financial services issues, including product sales and servicing, privacy and information security, fair credit (including FCRA, TILA, FHA, and ECOA), state unfair and deceptive trade practices claims, and merchant billing issues.
Mr. Hewer’s experience includes more than 17 years as in-house counsel to mortgage companies, finance companies and banks and financial service providers, advising on all aspects of developing, selling and servicing first and second loans, student loans, retail installment sales contracts, credit card and emerging payment products, with backend experience as well managing loan servicing, fair lending compliance, financial privacy, and data security issues and secondary market sales. He is also skilled at managing and responding to consumer complaints, private actions, and state Attorneys general and federal regulatory investigations.
Mr. Hewer also represents Fortune 500 companies including online and retail merchants, telecommunications and healthcare service providers, helping them navigate the complexities of rapidly expanding financial services laws including fair credit laws, state license requirements, fair debt collection practices acts, anti-money laundering statutes, and federal data security and consumer financial privacy standards.
Additionally, Mr. Hewer assists his merchant clients to get the best value and efficiency from payment methods while adhering to PCI, CISP, and SDP audit compliance and card association and NACHA rules, including contracting and managing legal support for merchant and billing systems.
Prior to joining Kelley Drye, Mr. Hewer spent five years as assistant general counsel for America Online, Inc., where he served as AOL’s lead banking, financial services, and marketing counsel and lead counsel for the company’s global servicing operations. Prior to that, Mr. Hewer served as in house counsel for The Associates Corporation of North America, NationsBank, and Citicorp Mortgage. |
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Representative Experience:
Advised on prescreen firm offer requirements for pre-approved student loan consolidation program for national student loan company.
Counsel to national mortgage lender on borrower preauthorized transfer payment program.
Crafted and implemented data security and information sharing compliance program for national recreational vehicle finance company.
Provided comprehensive legal support for the launch of a telecommunications service with an embedded money transfer capability, stored value card feature, and phone card reload capability. Unique issues included advising on the USA Patriot Act, Anti-Money Laundering compliance, and data law review of money transfer requirements.
Routinely advise national Fortune 500 retailers on PCI and general card association rules.
Counseled on and managed legal issues for launch of private label credit card program for national magazine publisher. |
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Memberships and Associations:
American Bar Association, Section on Business Law, Committee on Banking Law |
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Publications:
"Working Through the Workout Boom: How Best to Manage Fair Credit Risks In This Volatile Market," The Banking Law Journal, November/December 2007. |
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Client Advisories:
"FTC Issues Final Sweeping Changes to Endorsement and Testimonial Guides
Guidelines Effective As of December 1, 2009," October 15, 2009.
"FTC Chairman Appoints New Director of the Bureau of Consumer Protection," April 16, 2009.
"Another Flurry of Class Actions Being Filed Against Retailers Accepting Credit Cards in California," November 19, 2008.
"New Rules Add to a Growing Wave of Proposals to Regulate the Credit Card Industry," May 01, 2008.
"FTC Reauthorization Act of 2008," April 11, 2008.
"FACTA Red Flag, Address Discrepancy and Information Sharing Rules Compliance," April 01, 2008.
"LaSalle Bank v. Shearon — New York Supreme Court Rules in Favor of Borrower Under Anti-Predatory Lending," February 27, 2008.
"Financial Services Client Advisory: Obscuring Credit Card Numbers on Receipts," August 14, 2007.
"TCPA Does Not Preempt State Telemarketing Statutes," May 09, 2007.
"Consumer Loan Workouts," April 18, 2007.
"FTC's Workshop on Negative Option Marketing," February 02, 2007.
"Endorsements and Testimonials in Advertising: FTC Request for Comments," January 19, 2007.
"Novel Class Actions Seek Application of California Eavesdropping Law to Ordinary Course of Business Telephone Monitoring and Recording," November 10, 2006.
"New State Privacy Laws: Regulating the Use of Social Security Numbers and Requiring Wireless Security Warnings," October 10, 2006.
"New York Passes Rebate and Mail Order Legislation," September 02, 2005.
"Food Marketing and Childhood Obesity Report," December 18, 2003.
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Speaking Engagements:
Best Practices for Affiliate Marketing & Forming Co-Branding Partnerships, ACI's 3rd National Annual Conference on Financial Services Marketing Compliance, Philadelphia, PA, October 26, 2007.
Basic Legal Principles of Advertising and Billing for In-House Counsel, Kelley Drye Continuing Legal Education Seminar, New York, NY, May 1, 2007.
Legal and Operational Risks Applying to New Products and Payment Processes, ACI’s 3rd National Forum on Payment Systems, New York, NY, April 30, 2007. |
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Bar Admissions:
District of Columbia, 2000
Texas, 1994
Missouri, 1989
Illinois, 1988
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| Education:
Washington University School of Law - St. Louis, J.D., 1988
University of Hawaii, B.A., with highest honors, 1985
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Office Location:
Washington Harbour, Suite 400
3050 K Street, NW
Washington, D.C. 20007-5108
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