Overview
Marc Franson is a partner in the Banking and Financial Services Department and Practice Group Leader of the Bank Corporate Group. He represents financial institutions, finance companies, retailers, other creditors and brokers on an array of financial services matters including regulatory applications, consumer credit transactions, deposit products, bank mergers and acquisitions, licensing, regulatory issues and compliance, sale of non-deposit products, technology contracting, payment processing, portfolio acquisitions/divestitures, fair lending and privacy matters, Internet banking, stored value products and marketplace (P2P) lending. He also represents clients in conjunction with legislative and trade association activities.
Marc counsels interstate and intrastate lenders on all aspects of a variety of secured and unsecured consumer lending programs including credit card, mortgage, home equity, automobile and other installment credit. He has served as counsel in several major bank acquisitions and portfolio sale transactions, assisted clients with federal and state regulatory matters, licensing applications and proceedings, in the development of compliance programs, compliance training and preparation for and assistance with regulatory compliance examinations. This includes advice on FCRA, community reinvestment, and fair lending programs.
Marc was engaged in a unique credit card transaction involving the joint venture of two major banks and a credit card industry consultant involving the establishment and chartering of a credit card bank, the sale of $2 billion of credit card receivables, along with a contemporaneous securitization and other financing transactions. He also advises clients' participation in various roles in receivable securitization programs. His representation of clients includes the areas of cash management services, electronic funds transfers, merchant credit card and payment processing, outsourcing, data processing and servicing arrangements.
Prior to joining Chapman and Cutler LLP, Marc was Vice President and General Counsel-Credit Card Services of Household International.
Practice Focus
- Bank Mergers and Acquisitions and Regulatory Applications
- Bank Regulatory Compliance/Examination Activities
- Bank Regulatory Matters
- Banking and Financial Services
- Consumer Credit Transactions
- Consumer Financial Services
- Credit Card Lending and Processing
- Debt Collection Practices
- Deposit and Investment Products
- Disclosure Requirements (Federal/State)
- Fintech and Marketplace Lending
- Gift Cards and Other Stored Value Cards
- Interest and Usury
- Internet Banking
- Merchant Bank Credit Card Processing Claims
- Mortgage and Home Equity Lending
- Non-Banking Activity Approvals
- Outsourcing and Vendor Service Agreements
- Portfolio Acquisitions and Sales
- Private Banking Services and Trust Counsel Services
- State Licensing, Regulation and Examination
- Technology and Payment Processing
Memberships
American Financial Services Association
American Fintech Council
Chicago Bar Association
- Consumer Financial Services Committee, Past Chair
- Financial Institutions Committee, Past Chair
Conference on Consumer Finance Law
- Governing Committee
Mortgage Bankers Association
Visa/MasterCard Legal Advisory Committee
Delta Sigma Pi Leadership Fund
- National Board of Directors
Sigma Alpha Epsilon Foundation
- National Board of Directors
Drake University Alumni Association
- National Board of Directors
Drake University National Advisory Counsel on Leadership Development
- Chair
Honors & Awards
- Named 2016 Lawyer of the Year in Banking and Finance Law by Illinois Best Lawyers
- Named by Drake University Law School to its "150 in 150" list, recognizing the school's top 150 alumni on its 150th anniversary in 2015
- Named in the Banking and Finance Law/Financial Services Regulation Law section of Chicago's Best Lawyers since 2007
- Rated as a leading banking lawyer by Chambers Global Guide to the World's Leading Lawyers
- Named in the Banking section as an "Illinois Super Lawyer" every year since 2007
- Recognized by Best Lawyers in America in Financial Services Regulation Law and in Banking and Finance Law
Admitted
Illinois
U.S. District Court, Northern District of Illinois
Education
Drake University Law School, J.D., 1980
- Law Review
- Order of the Coif
Drake University, M.B.A., with honors, 1977
Drake University, B.S.B.A., magna cum laude, 1977
National Council for Mental Wellbeing, Adult Mental Health First Aid USA Certification, 2024
Insights
Publications
- Co-Author, "The Regulation of Marketplace Lending: A Summary of the Principal Issues," Chapman and Cutler LLP, September 2020
- Author, "OCC and FDIC Issue Final Rules on 'Valid When Made'," The Banking Law Journal, September 2020
- Co-Author, "Southern District of New York Issues Decision on Remand in Madden," The Banking Law Journal, May 2017
- Author, "Fintech: Friend or Foe of Banks?," Illinois Banker, November–December 2016
- Co-Author, "New Maryland Court Decision: Potential Impact on Consumer Marketplace Lenders," Lending Times, July 25, 2016
- Co-Author, "Pennsylvania Decision Highlights 'True Lender' Risks," Law360, February 8, 2016
- Co-Author, "New Federal Court Decision Applies the 'True Lender' Doctrine to Internet-Based Payday Lender," Lending Times, February 6, 2016
- Co-Author, "Federal Court Decision Creates Uncertainty for Non-Bank Loan Assignees Regarding the Scope of Federal Preemption of State Usury Laws," The Banking Law Journal, September 2015
Presentations
- Chicagoland Compliance Association's Annual Conference, Regulatory Update and Enforcement Actions, November 2022
- Illinois Bankers Association Bank Counsel Conference, Consumer Finance Update—Recent Trends in Consumer Financial Services, 2005–2022
- Illinois Credit Union League Attorneys Conference, Consumer Finance Update, 2010–2024
- Boston University School of Law, The Future of Fintech, March 2021
- Online Lending Policy Institute Event, Conversation with FDIC Deputy to the Chairman & Chief of Staff, Brandon Milhorn, July 2020
- Online Lending Policy Institute Event, Conversation with OCC Senior Deputy Comptroller and Chief Counsel, Jonathan Gould, June 2020
- Chicagoland Compliance Association's Regulator Panel Breakfast Meeting, Update on Recent Enforcement Actions, February 2020
- 5th Annual ABS Tech Conference, Compliance to Litigation: Finding the Disruptive Balance, November 2019
- 4th Annual Online Lending Policy Summit, Integrating Fintechs: The Power of Optimizing New Partnerships, October 2019
- Chicagoland Compliance Association's Fair Lending and CRA Symposium, Enforcement Actions, July 2019
- 18th Annual Investors' Conference on Equipment Finance, Federal vs. State on Regulatory, Legislative, and Monetary Policy, March 2019
- 4th Annual Investors' Conference on Online Lending, Staying Ahead of the Game in a Politically Uncertain Landscape, November 2018
- 3rd Annual Online Lending Policy Summit, Fraud Prevention, Security and Privacy in a New World of Data for Online Lending, October 2018
- Illinois Bankers Association Annual Conference, Fintech and Banking: A Welcome Partnership?, June 2018
- Benzinga Global Fintech Awards, The Rapidly Changing Legal and Policy Landscape for Marketplace Lending and Fintech, May 2018
- LendIt Fintech USA 2018, Deregulation: Friend or Foe: Where We Stand One Year In, April 2018
- LoanTape Legal & Regulatory Conference, Discussing the Unique Legal/Regulatory Position of Non-Bank Lenders, January 2018
- Chicagoland Compliance Association's Annual Conference, Compliance Regulatory Update/Enforcement Actions, October 2017
- 2nd Annual Online Lending Policy Summit, Are We Really Protecting Borrowers?, September 2017
- LendIt USA 2017, True Lender and Madden Case: Impact on the Industry Two Years In, March 2017
- 1st Annual Online Lending Policy Summit, How to Navigate State Laws and Regulators, September 2016
- LendIt USA 2016, Regulation and Politics, April 2016
- 15th Annual Investors' Conference on Equipment Finance, Realities of Regulation, March 2016
- ABS Vegas 2016, The Future of Regulation in US Marketplace Lending, February 2016
- 1st Annual Investor's Conference on Marketplace Lending, Thought Leadership & the Future of Regulation in US Marketplace Lending, October 2015
- Illinois Credit Union League Conference, 2011–2015
- American Banker's P2P Lending & Investing Summit, Innovation and Regulation: Can They Co-Exist in the P2P Space?, October 2014
- 2013 Annual Conference of the Chicagoland Compliance Association, Consumer Compliance in a Complex Regulatory Environment: The Convergence of Consistency, Change and the CFPB, October 2013
- Conference on Consumer Finance Law
- Electronic Transaction Association Annual Meeting
- Chicagoland Compliance Association
- Chicago Mortgage Attorneys Association
Community
Drake University Law School Board of Counselors
