Our Consumer Finance Defense Litigation attorneys have extensive experience representing financial institutions, call centers, collection agencies, law firms and others in the defense of individual and class actions brought under the myriad of federal and state consumer finance laws. Examples include claims brought under the FCRA, FDCPA, TCPA, FCBA, TILA, Reg. Z, New York’s GBL 349 and other state UDAP statutes, as well as claims brought under common law.
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 compliance with consumer protection statutes.
In addition to successfully defeating claims by motion or at trial, we routinely resolve claims, including putative class actions, by pointing out the weaknesses in plaintiffs’ claims and emphasizing procedural or jurisdictional 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’ Office, and other federal and state agencies.
We defend individuals and entities in statewide and national 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 class action experience 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.