Joshua Garcia represents financial technology (fintech) companies, banks and non-banks in a broad range of matters, with a focus on developing solutions to regulatory and transactional issues involving complex problems posed by financial services laws and regulatory requirements. An important focus of his practice involves working with financial firms to develop and advance innovative financial products and retail services.
Josh's experience includes drafting and negotiating program and development agreements, developing and updating compliance programs, and advising companies on how to minimize their risk profiles to facilitate strategic partnerships between banks and their service providers.
Josh has considerable experience advising fintech firms on next-generation financial technologies and regulatory challenges that banks and nonbank financial firms must address in launching a new product or service. He has performed compliance analysis for banks and non-banks in a wide range of industries – P2P money transfer, online and payday lending, loan brokering, prepaid cards, credit cards, debt collection, factoring, merchant cash advances, foreign exchange, derivatives, securities brokering, wealth management and banking. He also has experience helping companies respond to supervisory and enforcement matters involving federal banking agencies, the Consumer Financial Protection Bureau (CFPB), Financial Crimes Enforcement Network (FinCEN), Department of Justice (DOJ) and state regulators.
In addition to his fintech expertise, Josh has worked closely with the most relevant laws, rules and regulations applicable to financial services companies, including anti-money laundering (AML), Bank Secrecy Act (BSA), money services business (MSB) registration, state licensing of various shades, state escheatment, E-SIGN and CAN-SPAM, fair lending (Equal Credit Opportunity Act and Regulation B), Electronic Funds Transfer Act (EFTA) and Regulation E, privacy (Gramm-Leach-Bliley Act and Regulation P), Dodd-Frank Act, and other rules enforced by the alphabet soup of bank regulatory agencies (FDIC, FRB, OCC) as well as other regulators such as Office of Foreign Assets Control (OFAC), Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC), Federal Trade Commission (FTC) and CFPB.
Represented Ripple in the first Financial Crimes Enforcement Network (FinCEN) and Department of Justice (DOJ) enforcement action against a digital currency company.
Representation of various fintech companies in addressing regulatory requirements in the development of products and services, including obtaining state licenses, drafting compliance documents and negotiating partnerships with banks and third party service providers.
Representation of fintech companies to develop strategic resolution of regulatory issues in a range of industries such as online lending, P2P payments, digital currency, and purchase of accounts receivable.
Representation of various financial institutions regarding questions related to anti-money laundering, electronic funds transfers, money transmission, debt collection, privacy, unfair or deceptive acts or practices, fair lending and state licensing.
Performed legislative and regulatory tracking and analysis on student lending and bank regulatory updates for a major bank.