Our Consumer Finance Defense Litigation attorneys have extensive experience representing financial institutions, mortgage lenders, call centers, collection agencies, law firms and others in the defense of individual and class actions for alleged violations of the myriad of federal and state consumer finance protection laws. Examples include claims brought in state and federal courts under the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA), Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA) Reg. Z, New York’s deceptive business practices act (GBL § 349), and other consumer-based statutory and common law claims.
The attorneys who handle these matters understand the requirements and prohibitions of these statutes and the ways in which courts interpret them. We also advise clients on regulatory compliance with these consumer protection laws.
In addition to successfully defeating claims by motion or at trial, we routinely resolve claims, including putative class actions, based on jurisdictional and procedural defects.
We have successfully represented clients in connection with government investigations, subpoena responses, litigation and other proceedings involving the New York State attorney general, the Federal Trade Commission, the U.S. attorneys’ offices, and other federal and state agencies.
Another aspect of the service we provide to clients is ongoing advice on how to protect their business from claims for alleged violations of consumer protection laws. Examples include mortgage lenders’ property preservation obligations, curing title defects related to consumer lending, and advising financial institutions on compliance with judgment creditors’ attempts to recover debts attendant to consumer credit transactions.
We defend mortgage lenders, financial institutions and other consumer finance companies in state and federal class actions. When handling these matters, our lawyers collaborate with our clients throughout the process in order to obtain results that are in line with our client’s best interests and business goals.
We promptly deal with important witnesses, documents, experts and others to identify key facts and successful legal strategies. We also utilize the latest technologies in document management and trial presentations in an effort to control costs and to enable our team to create courtroom presentations that are orderly, coherent and effective.
Our attorneys have significant experience with class actions in federal and state courts and have successfully obtained dismissals before class certification, or even before filing an answer. We also have had success enforcing arbitration and class action waiver clauses. In cases not susceptible to pre-answer dismissal, we have successfully resolved class actions through favorable settlements, defeated class certification, obtained decertification, and achieved bifurcation, thereby significantly limiting exposure and cost.