Phoebe Winder represents some of the country's largest financial institutions in high-stakes consumer finance litigation. Over more than two decades, she has litigated loan-level and class action cases under TILA, RESPA, FDCPA, FCRA, and state unfair and deceptive practice statutes. She has served as national coordinating counsel on litigation for servicers and lenders, and she currently serves as lead litigation counsel to one of the country's large credit card servicers in matters involving the sale of portfolios of distressed credit card debt.
Much of Phoebe's work sits at the intersection of consumer bankruptcy and regulatory enforcement. She serves as national outside counsel to several of the nation's largest mortgage and credit card servicers, and represents servicers, lenders, and other financial institutions in credit card and mortgage litigation, large-scale remediation projects, and bankruptcy enforcement actions. She has resolved more than a dozen national settlements and resolutions with the bankruptcy arm of the U.S. Department of Justice, guiding servicers through government inquiries, memoranda of understanding, and consent orders. As national coordinating counsel, she has directed large-scale remediation efforts across numerous jurisdictions, and she has defended more than one hundred examinations initiated by the U.S. Trustees Program. That experience gives her a practical command of how enforcement priorities translate into operational risk, from proofs of claim and payment change notices to loss mitigation, credit reporting, and the handling of personal identifying information.
Phoebe's counsel extends well beyond any single proceeding. She advises servicer clients day to day on the full range of consumer issues that arise in default servicing, supports bank servicers through OCC examinations and related enforcement matters, and builds certification and quality-control programs that help institutions review their own filing practices before regulators do.
Phoebe has been an active voice in the consumer financial services community, speaking at industry conferences on bankruptcy servicing, regulatory developments, and enforcement trends, and writing on the evolving rules that shape bankruptcy practice for mortgagees and creditors. She has also applied her bankruptcy knowledge pro bono, co-authoring a guide to help advocates pursue relief for human trafficking survivors in bankruptcy proceedings.
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.
Defended a large credit card issuer in a $100 million action brought by a debt buyer of distressed credit card debt.
Performed a comprehensive review of the bankruptcy operations of one of the largest bank servicers and assisted several other servicers in analyzing their bankruptcy departments' operations, including on-site visits and written reports of findings.
Resolutions with the Executive Office for the United States Trustees (DOJ)
Large Credit Card Servicer, Informal Resolution, 2023-2024
USAA Bank, Letter of Acknowledgement, October 13, 2022
PNC Bank, Letter of Acknowledgement, December 3, 2020 (PNC/UST)
U.S. Bank, Memorandum of Understanding, December 3, 2020 (US Bank/UST)
Nationstar/Mr. Cooper, Memorandum of Understanding, December 3, 2020 (Nationstar/UST)
JPMorgan Chase, Consent Order/In re Belzak: Case no. 10-23963 (E.D. Mich.), March 9, 2015
CitiMortgage, Consent Order/In re Citi Replacement Filings, Case no. 11-00405 (S.D.N.Y.), July 12, 2013
Professional & Civic Engagement
Henry Kendall Foundation, Trustee
Thought Leadership
Co-Author, “Holding Human Traffickers to Account in Bankruptcy Proceedings,” The Human Trafficking Legal Center, 2022
Panelist, “Litigation and Enforcement in a Post-Pandemic World,” Consumer Financial Services Symposium (Virtual Edition), May 20, 2021
Speaker, “Overview of Law and Trends in Post-Petition Fee Notices,” Annual Conference of the National Association of Chapter 13 Trustees, Indianapolis, IN, July 2019
Speaker, “Bankruptcy Servicing Trends,” MBA Legal Issues Conference, New Orleans, LA, May 2019
Speaker, “Hot Bankruptcy Trends,” Black Knight Information Exchange Conference, Orlando, FL, April 2019
Speaker, “Bankruptcy Regulatory Trends,” Consumer Financial Services Symposium, Washington, DC, December 2018
Speaker, “Government Enforcement and Litigation Trends,” Consumer Financial Services Symposium, December 4, 2017
Co-Author, “A Closer Look at Midland Funding v. Johnson,” Law360, June 15, 2017
Co-Author, “Scope of the Amendments to Bankruptcy Rule 3002.1,” Law360, May 23, 2016
Co-Author, “Where Proposed Changes to Rule 3002.1 Fall Short,” Law360, April 9, 2015