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The Team

Given the rapid growth at Upstart, you will have an opportunity to gain experience across a breadth of legal matters including consumer protection, privacy and data protection, and others related to various digital and direct mail marketing and fair lending efforts. Experience working in banking or fintech is a plus.

As the Legal Counsel - Marketing at Upstart, you will be the subject matter expert on state licensing impacting Upstart’s existing consumer lending platform, its bank partnership business line, and future products.

Position Location - This role is available in the following locations: Remote ^#LI-REMOTE

Time Zone Requirements - This team operates on the East/West Coast time zones.

Travel Requirements -This team has regular onsite collaboration sessions. These occur 3 days per Month/Quarter at either the San Mateo, California or Columbus, Ohio office. If you need to travel to make these meetups, Upstart will cover all travel related expenses.

How you’ll make an impact:

• Provide prompt, proactive, practical legal advice cross functionally on the application of state and federal laws and regulations to marketing, advertising, promotions, offers, and other outreach efforts regarding Upstart’s products, platform and services (e.g. consumer and B2B advertising, press releases, website, direct mail, e-marketing, social, and search);
• Analyze new laws and regulations and their applicability to Upstart’s lending platform and related marketing efforts;
• Review marketing models and targeting criteria from a quantitative and qualitative perspective for fair lending and other legal and regulatory issues;
• Advise on internal/external consumer agreements, consents, notices and disclosures; 
• Review internal policies and procedures to ensure compliance with applicable laws.

What we’re looking for: 

Minimum requirements:

• J.D. degree with superior academic credentials and a state bar membership;
• At least 3+ years of experience in a top-tier law firm, government and/or an in-house legal dept with a banking and/or regulatory focus;
• In-depth knowledge of federal and state lending and consumer protection laws and regulations, including FCRA, TCPA, CAN-SPAM, MAAP, UDAAP, RESPA, TILA, EFTA, and ESIGN;
• Experience providing guidance on marketing privacy issues, including data sharing, protection and management issues under GLBA and state privacy laws;

Preferred qualifications:

• Background in advising marketing partners on SMS/text marketing, behavioral and contextual online targeting, tracking technologies, third-party algorithms/models, referral programs, and promotional offers.
• Familiarity with fair lending issues arising under FHA, ECOA, and state and federal civil rights laws;
• Excellent judgment and ability to offer actionable problem-solving guidance for creative business teams with short deadlines; 
• A self-starter mentality with the ability to work well under pressure, thrive working under limited direction, and an attitude that no job is too challenging or too small; and
• Enthusiasm for the application of new technologies and methods to old problems.