Kelly Lipinski advises financial institutions on consumer finance regulatory compliance. She represents a range of clients, including depository institutions and their subsidiaries, sales finance companies, FinTech companies, and mortgage companies, with particular focus on auto finance lenders and private education lenders.
With nearly two decades of experience representing financial institutions, Kelly counsels clients on developing new credit programs and products, as well as addressing ongoing legal and regulatory requirements as business and legal issues evolve. She also drafts service contracts, purchase and sale agreements, and consumer credit and lease agreements. Supporting her practice, she prepares multi-state research on rates and fees, disclosures, licensing, and substantive conduct requirements affecting unsecured lending and personal property financing. Kelly advises clients during examinations, investigations, and remediation efforts with governmental agencies, and she provides guidance on internal audits and reviews of third-party vendor service providers and investors.
Kelly has extensive experience advising on compliance with the Truth in Lending Act (TILA), Fair Debt Collection Practices Act (FDCPA), Servicemembers Civil Relief Act (SCRA), Fair Credit Reporting Act (FCRA), and the Equal Credit Opportunity Act (ECOA).
Representative Experience
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
Consumer Finance Compliance
- Advise clients on creation and integration of online sales platforms with finance and lease options.
- Prepare multistate research regarding rates, fees, disclosures, and conduct requirements from origination through servicing and recovery.
- Advise on state licensing requirements and lead teams to obtain necessary licenses.
- Guide clients through internal audits related to security interests and third-party vendors.
- Advise on emerging technology in servicing and collections, including text messages, push notifications, and emails.
- Draft and negotiate third-party collection agreements and service-level agreements with business teams.
Motor Vehicle Finance
- Draft and negotiate dealer agreements and contract purchase/sale agreements for banks, captive finance companies, and independent sales finance companies.
- Conduct diligence reviews of retail accounts and finance companies, advising on portfolio and investment risks.
- Advise on ancillary products, including compliance with the Military Lending Act and state law, and on cancellation/refund procedures.
- Support implementation of new lease programs, including early-termination liability formulas and lease agreements.
- Draft and revise policies and procedures for in-house servicing, third-party collections, and repossessions.
- Draft consumer credit agreements for multiple national auto finance programs.
- Advise on loan broker programs and consumer-facing documentation.
- Partner with litigators on class action matters related to credit reporting and repossession laws.
Education Finance
- Draft and negotiate origination and servicing manuals for national private education loan programs.
- Develop and implement in-school and refinance loan programs, including credit applications, disclosures, and promissory notes.
- Advise banks, state guarantee agencies, and non-profit lenders on program development, integration with servicers, and partnerships.
- Develop private education loan payment relief options, including forbearance and deferrals.
- Advise on state lending and servicing laws, including interest rate limitations, permitted fees, payment requirements, and capitalized interest.
- Guide FinTech and bank partners on innovative loan programs, fair lending risk, and allocation of responsibilities.
- Manage state law change management and implementation reviews for evolving creditor, holder, and servicer requirements.
Honors & Awards
- Recognized in Chambers USA for Financial Services Regulation: Consumer Finance – Compliance (USA - Nationwide), 2023-Present
- Featured as a “Notable Woman in Law” by Crain’s Cleveland Business, 2018
Professional & Civic Engagement
- American Bar Association, Consumer Financial Services Committee; Personal Property Subcommittee, Former Chair
- American Financial Services Association, Counsel to the Emerging Issues Subcommittee of the Law Committee
- Conference on Consumer Finance Law, Governing Committee
- National Council of Higher Education Resources (NCHER), Board of Directors and Liaison Member
- Ohio State Bar Association, Banking, Commercial & Bankruptcy Law Committee; Consumer Credit Subcommittee, Former Chair
- Ohio Mortgage Bankers Association, Board of Directors; Former Trustee
- Leadership Council on Legal Diversity (LCLD), Fellow, 2015
- LCLD Fellows Alumni Executive Council Chair, 2019-2020; Leadership Symposium Vice-Chair, 2018-2019
- LCLD Fellows Alumni Executive Council Chair, 2019-2020; Leadership Symposium Vice-Chair, 2018-2019
Thought Leadership
Publications
- Editor, "The Law of Truth in Lending (Fourth Edition)," American Bar Association (ABA)’s The Law of Truth in Lending (Fourth Edition), October 2023
- Author, "Tribal Nations Open Innovative EV Dealer Licenses, Tax Options," Auto Finance News, July 2023
- Author, "Abusive Practices: CFPB Policy Statement Murky at Best," Auto Finance News, May 2023
- Co-author, "CFPB: ‘Junk fees’ in auto servicing are unfair, deceptive," Auto Finance News, April 2023
- Co-author, "Kentucky and Virginia Enact Student Education Loan Servicing Laws," ABA Business Law Today, Business Regulation and Related Industries, May 26, 2022
- Author, "CFPB prioritizes fair lending, machine learning, privacy in digital engagement," Auto Finance News, May 2022
- Author, "Communication to Vendor Violates FDCPA Third-party Communication Prohibition," ABA Business Law Today, May 2021
- Author, "Regulatory considerations and warnings in digital marketing," Auto Finance News, March 2021
- Co-author, "Post-COVID Economic Trends in Auto Finance," Auto Finance News, December 2020
- Author, "FTC report highlights concerns with dealer advertising and add-on products," Auto Finance News, August 2020
- Author, "Regulatory sandboxes, policy changes spur innovation," Auto Finance News, April 2020
- Co-author, "Ohio Consumer Law, 2019-2020 ed., Chapter 30, Short Term Loan Law," Thompson Reuters, September 2019
- Author, "State Regulators Step Up to Post-Cordray Era Challenge," Auto Finance News, March 2019
- Co-author, "CFPB Releases FDCPA Rule Outline; Creditor Collection Rule to Come," Consumer Finance Law Quarterly Report, Vol. 70, Nos. 1 & 2, 2016
- Author, "Compliance Has Moved Into Headlines And Regulators’ Crosshairs: Why Your Board Should Care (part 3)", InsideCounsel, July 2014
- Author, "How compliance has moved into the headlines and regulators’ crosshairs, and why your board should care (part 2)," InsideCounsel, June 2014
- Author, "How Compliance Has Moved Into Regulators’ Crosshairs, And Why Your Board Should Care (Part 1)," InsideCounsel, May 2014
- Author, “Institutions of Higher Education, Payment Plans and Loans," Westlaw Journal Bank & Lender Liability, February 2012
Presentations
- "Your Guide to Creating a Preferred Lender List in a Post-GRAD Plus World," Ascent Funding, January 21, 2026
- "Navigating Legal Issues in Private Loan Origination and Servicing," 2025 NCHER Fall Legal Meeting, October 2025
- "Ask the Lawyers: 2025’s Changing Regulatory Landscape," National Council of Higher Education Resources (NCHER) 2025 Annual Conference, June 2025
- "State Legislative and Regulatory Trends – Stepping into the Void?" 2025 Student Loan Servicing Alliance (SLSA) Annual Meeting, May 2025
- "State Law Developments: Servicing, AI, Privacy, Interest Rate," NCHER Fall Legal Meeting, October 2024
- "NCHER: Year in Review and Outlook for 2024," National Council of Higher Education Resources (NCHER), January 2024
- "Consumer Financial Services 101 2023," PLI’s Consumer Financial Services 101, October 2023
- "CFPB Oversight: Examinations, Areas of Focus, and What Should Keep You Up at Night," Student Loan Servicing Alliance (SLSA) Annual Meeting, June 2023
- "CCFL 2022 Annual Consumer Financial Services Conference," Annual Consumer Financial Services Conference, May 20223
- "Higher Education Regulatory Roundtable," iiBIG 12th Annual Education Finance & Loan Symposium, November 2021
- "“All-In” 36% APR Cap: Legal and Compliance Considerations," ABA Business Law Section Annual Meeting, September 2021
- "11th Circuit Ruling on Hunstein: It May Not Just Be for Debt Collectors," Student Loan Servicing Alliance (SLSA) Virtual Annual Meeting, May 2021
- "The Fisher Memorial Program: Developing Changes in Forgiveness of Student Loan Debt," ABA Business Law Section Virtual Spring Meeting, April 2021
- "Compliance in a Digital-First Era," Auto Finance Innovation Summit, March 2021
- "Where We Left Off: Revisiting Regulatory Priorities," ABA Consumer Financial Services Committee 2021 Winter Meeting, January 2021
- "Review and Outlook: Legal and Compliance Developments," National Council of Higher Education Resources (NCHER), January 2021
- "Regulatory Update: Current Priorities for Financial Services Regulation, Enforcement, and Compliance," ACI Women Leaders in Financial Services Law and Compliance, December 2020
- "Examining State Student Loan Servicer Examinations: Navigating the Process and Strategic Considerations," Student Loan Servicing Alliance (SLSA) Virtual Annual Meeting, November 2020
- "AI & Tech in Consumer Finance," American Financial Services Association (AFSA) 2020 Annual Meeting & Independents Conference & Expo, October 2020
- "Minimizing Legal Exposure Upon Return to the Workplace," American Financial Services Association (AFSA), June 2020
- "State Examinations and Market Trends: What’s Coming?" Student Loan Servicing Alliance (SLSA) Annual Membership Meeting, April 2020
- "Voluntary Protection Products," Annual Consumer Financial Services Conference, November 2019
- "State Law and Examination Trends in Ancillary Products," Consumer Finance Legal Conference, October 2019
- "Beyond Licensing: Emerging Issues in Student Lending," Student Loan Servicing Alliance Annual Meeting, May 2019
- "Servicer and Lender Licensing Update," OMBA 2019 Annual Convention, May 2019
- "Higher Education Regulatory Roundtable," Education Finance and Loan Symposium, May 2019
- Current Issues in Auto Finance: Driving Through Developments in Litigation and Enforcement," ABA Business Law Section Spring Meeting, March 2019
- "Batter Up … As States Step to the Plate," ABA Consumer Financial Services Committee 2019 Winter Meeting, January 2019
- "Military Lending Update: SCRA Litigation and Leasing Refund Issues and the State of the MLA," Consumer Finance Legal Conference, October 2018
- "Consumer Communications: How to Call, Text, Chat, Email, and Push your Way through the Federal and State Legal Landscape," Consumer Finance Legal Conference, October 2018
- "The Present and Future of Leasing and Alternative Access to Vehicles: Regulatory Issues and Litigation, Subscription Models, and Other Programs," Consumer Finance Legal Conference, October 2018
- "The Legislative Landscape – What’s in Store for Higher Education Lending?" Credit Union Student Choice Empower U Conference, September 2018
- "A New Day at the BCFP, or is it the CFPB?," Student Loan Servicing Alliance, May 2018
- "Non-QM Product Trends," Ohio Mortgage Bankers Association Annual Convention, May 2018
- "Conscious Uncoupling: The Bureau After Cordray," American Financial Services Association (AFSA) Law & Compliance Symposium, January 2018
- "Leasing Pitfalls for the Sales Finance Company and Industry Trends," Consumer Finance Legal Conference, October 2017
- "Henson v. Santander: Impact on FDCPA Advice and Litigation, Update on State Collection Law," Annual Consumer Finance Legal Conference, October 2017
- "Use of Alternative Data for Credit Reporting and Increasing State Regulation of Credit Use of Alternative Data for Credit Underwriting," Student Loan Servicing Association, June 2017
- "Convenience Fees," Student Loan Servicing Association, June 2017
- "U.S. Supreme Court Speaks: Henson v. Santander," ABA’s Consumer Financial Services Committee, June 2017
- "“Regulatory Round-Up” Part II: Federal Efforts Impacting Student Loan Servicing and Collections," National Council of Higher Education Resources Spring Convention, June 2017
- "What Commercial Finance Lawyers Need to Know about Consumer Finance", Association of Commercial Finance Attorneys’, June 2017
- "Legal Developments in Federal Debt Collection, Private Education Loan Developments, and Limited English Proficiency", May 2017
- "Vendor Management Update & Trends," Consumer Finance Legal Conference, September 2016
- "Lead Generation Issues: General Vendor Management; Licensing Due Diligence Issues with Broker Licenses (Even for Non-Real Estate)", September 29, 2016
- "The CFPB’s Outline of the Proposed FDCPA Rules and Potential Implications for Creditors," Annual Consumer Finance Legal Conference, September 2016
- "The CFPB’s Potential Proposed Rules for the FDCPA," Coalition of Higher Education Assistance Organizations (COHEAO) Mid-Year Conference, August 2016
- "Ask an Attorney," Coalition of Higher Education Assistance Organizations (COHEAO) Mid-Year Conference, August 2016
- "The CFPB and Higher Education: Politics, Policy, and Law," Coalition of Higher Education Assistance Organizations (COHEAO) Mid-Year Conference, August 2016
- "Developing a Robust Compliance Management System: Assessing Your Risk and Resources," ABA Business Law Section Annual Meeting, August 2015
- "Inclusive Communities: Impact on Private Education Loan Market," NCHER Private Education Loan Committee, July 2015
- "The Consumer Financial Protection Bureau: Key Regulations, Compliance Issues, and the Impact on Insolvency Practice," O’Neill Bankruptcy Institute, May 2015
- "What Commercial Finance Lawyers Need to Know About Lending to Consumer Finance Companies," ABA Business Law Section Spring Meeting, April 2015
- "Compliance Outlook: TCPA," American Financial Services Association (AFSA) webinar, January 2014
- "Trends in State Debt Collection Requirements," SLSA/SLSA Private Loan Committee Meeting, June 2013
- "Ancillary Products – What’s the Problem?” AFSA/NADA Vehicle Finance Executive Forum, June 2013
- "Compliance Issues Subject to Litigation," NCHER Private Education Loan Committee, May 2013
- "Not-for-Profit Servicing Program: Challenges Presented in Servicing a National Portfolio," National Council of Higher Education Loan Resources (NCHER) Winter Legal Meeting, February 2013
- "Student Loan Bankruptcy Update,” National Council of Higher Education Loan Resources NCHER Knowledge Symposium, November 2012
- "Mortgage Lending Today: Litigation and Regulatory Guide," National Business Institute, October 2012
- "Legal Issues Update," National Council of Higher Education Loan Programs (NCHELP) Debt Management Committee Meeting, July 2012
- "Update on State Pre-Foreclosure Initiatives," Consumer Finance Legal Conference, October 2011
- "SAFE Act Final Rule and NMLSR “Expansion”; Unique New York Issues," Consumer Finance Legal Conference, October 2011
- "FDCPA Update," NCHELP Private Loan Committee, January 2011
- "Debt Collection and Servicer Compliance Issues in an Electronic Age; Servicer and Debt Buyer Licensing; Collection Litigation Issues," Consumer Finance Legal Conference, October 2010
- "State Collection Agency Licensing and FDCPA," NCHELP Private Student Loan Committee, October 2010
- "Servicing Litigation, Debt Collection Compliance and Licensing Issues Under State and Federal Law," Consumer Finance Legal Conference, October 2009