Bryan A. Fratkin

Partner

Related Content

Practices
Industries
Education
  • William & Mary Law School, JD, 1995
  • University of Virginia, BA, Religious Studies, with Distinction, 1992
Admissions
  • Virginia
  • U.S. Court of Appeals for the 4th Circuit
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
Affiliations

Member, Editorial Advisory Board, Law360 Banking

Member, Virginia State Bar

Member, American Bar Association

Member, Richmond Bar Association

Bryan co-chairs the firm's consumer financial services litigation practice group. He represents large financial institutions involved in credit card, banking, and mortgage litigation, alleging violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, Servicemembers Civil Relief Act, Truth in Lending Act, Credit Repair Organizations Act, Equal Credit Opportunity Act, Bankruptcy Discharge Injunction and Stay, and state law consumer protection statutes. He also represents financial institutions and business clients in disputes that include allegations of fraud, conspiracy, civil RICO and breach of contract.

In several cases brought as putative class actions, he has prevailed on motions requiring arbitration on an individual, non-class basis.

Prior to joining McGuireWoods, Bryan served as a law clerk for the Honorable Elizabeth Lacy of the Supreme Court of Virginia. He was a recipient of the Trial Advocacy Award at the College of William and Mary Marshall-Wythe School of Law.

In the News

Bryan A Fratkin
vCard
T: +1 804 775 4352F: +1 804 698 2100Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

Defense of a national bank in multidistrict litigation, where plaintiffs alleged an unlawful increase in their interest rates on credit cards.

Defense of national bank in putative class action litigation, where plaintiffs allege improper allocation of credit card payments under the Credit CARD Act of 2009.

Defense of national bank in putative class action litigation alleging foreclosure abuses and “robo-signing.”

Advising financial institutions on compliance with the Servicemembers Civil Relief Act.

Advising national bank on compliance with fair debt collection laws.

Selected for inclusion in The Best Lawyers in America, Litigation - Banking and Finance, Woodward/White, Inc., 2017

Selected for inclusion as a "Leading Lawyer," General Commercial Disputes, Legal 500 US, 2016-2017

Named to "Virginia Super Lawyers," Business Litigation, Consumer Law, Securities Litigation, Super Lawyers, Thomson Reuters, 2011-2017

Named to "Virginia Rising Stars," Business Litigation, Consumer Law, Securities Litigation, Super Lawyers, Thomson Reuters, 2007-2009

Author, "Current Credit Risks: Litigation Risks," Counsel to Counsel, November/December 2009
Moderator, "Consumer Finance Class Action Litigation Trends and New and Emerging Procedural Considerations – Motions to Decertify," ACI’s 27th National Conference on Consumer Finance Class Actions & Litigation, January 24, 2017
Speaker, "Consumer Finance Class Action Litigation Trends and New and Emerging Procedural Considerations – Motions to Decertify," ACI’s 26th National Conference on Consumer Finance Class Actions & Litigation, July 2016
Speaker, "Update on Debt Collection and Credit Reporting Litigation and Enforcement Actions: Effective Defense Strategies for New and Emerging Claims and Government Enforcement Actions Arising From the FDCPA and FCRA," ACI’s 25th National Conference on Consumer Finance Class Actions & Litigation, April 2016
Speaker, "Debt Collection and Credit Reporting Litigation and Enforcement Actions: Developing Effective Defense Strategies for New and Emerging Claims and Managing Government Enforcement Actions Arising From the FDCPA and the FCRA in Light of the Recent Large Settlement Award Ordered by the CFPB and FTC," ACI’s 24th National Conference on Consumer Finance Class Actions & Litigation, January 2016
Speaker, "Update on Debt Collection and Credit Reporting Litigation and Enforcement Actions: Effective Defense Strategies for New and Emerging Claims and Government Enforcement Actions Arising From the FDCPA and FCRA," ACI's 22nd National Conference on Consumer Finance Class Actions and Litigation, April 2015
Speaker, "What Every Creditor Needs To Know About the SCRA, Including the 6% Interest Rate Cap on Obligations, and Protections Against Default Judgments, Auto Repossessions, and Foreclosures; Recent Case Law Updates and Overview of Government Enforcement Actions," ACI's 21st National Conference on Consumer Finance Class Actions and Litigation, January 2015
Speaker, "Debt Collection and Credit Reporting Litigation and Enforcement Actions: Effective Defense Strategies for New and Emerging Claims and Government Enforcement Actions Arising From TCPA‚ FCRA‚ and FDCPA," ACI's 19th National Conference on Consumer Finance Class Actions & Litigation, July 2014
Speaker, "The Evolving Focus on Consumer Debt, Debt Collection (Creditors that Originate and Collect Debt and Third-Party Debt Collectors) and the Credit Reporting Markets: Effective Defense Strategies for New and Emerging Claims and Government Enforcement Actions Arising From TCPA, FDCPA, and FCRA," ACI's 18th National Forum on Consumer Finance Class Actions & Litigation, April 2014
Moderator, "Views From the Bench: Judicial Perspectives on the Latest Plaintiff Theories, Emerging Defense Strategies, Loan Modification Litigation, Foreclosure Documentation Errors, Bankruptcy Litigation, Class Certification, Case Management, E-Discovery, and More," ACI’s 13th National Forum on Residential Mortgage Litigation & Regulatory Enforcement, January 2014
Speaker, "Establishing Standing and Ensuring Compliance with New Document and Affidavit Procedures," ACI's 8th National Forum on Residential Mortgage Litigation & Regulatory Enforcement, March 2012
Speaker, "New and Emerging Federal and State Enforcement Actions," ACI’s 5th National Advanced Forum on Residential Mortgage Litigation & Regulatory Enforcement, October 2010
Speaker, "Class Action Arbitration Waivers After Stolt-Nielsen," Strafford Publications CLE, August 2010
Speaker, "Arbitration in Flux: How to Enforce Agreements in Today’s Climate," ACI's 9th Annual Conference on Consumer Finance Class Actions & Litigation, January 2010
Speaker, "Class Action Arbitration Waivers Under Attack: Drafting and Defending Employment and Consumer Arbitration Waivers," Strafford Publications CLE, July 2009
Speaker, "Maintaining Professionalism and Ethics in Consumer Finance Class Actions & Litigation," ACI's 8th Annual Conference on Consumer Finance Class Actions & Litigation, January 2009