Bryan A. Fratkin Partner

Bryan co-leads the firm’s class action practice group, focusing his national practice on consumer financial services litigation under the various "alphabet soup" statutes.

He represents large financial institutions involved in credit card, auto finance, 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. More recently, Bryan has successfully defended employers in background check class actions, alleging violations of the Fair Credit Reporting Act’s standalone and adverse action disclosure requirements.     

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, awarded to one graduating law student, at the College of William and Mary Marshall-Wythe School of Law.

Experience

Defense of employers, including financial institutions, in class action lawsuits alleging violations of the Fair Credit Reporting Act’s background check disclosure requirements.

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.

  • William & Mary Law School, JD, 1995
  • University of Virginia, BA, Religious Studies, with Distinction, 1992

Member, Editorial Advisory Board, Banking, Law360, 2018-present

Member, Virginia State Bar

Member, American Bar Association

Member, Richmond Bar Association

  • Speaker, "Residential Mortgage Industry Ethics Lab: Ethical Considerations in Residential Mortgage Litigation and Class Actions," ACI’s 24th National Forum on Residential Mortgage Regulatory Enforcement & Litigation, September 2017
  • Moderator, "In-house Insights on Balancing the Budget: Strategies for Keeping Litigation Costs in Check for the Residential Mortgage Industry," ACI’s 24th National Forum on Residential Mortgage Regulatory Enforcement & Litigation, September 2017
  • Speaker, "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
  • 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

Selected to the “Banking Editorial Advisory Board,” Law360, 2018

Selected for inclusion in The Best Lawyers in America, Litigation - Banking and Finance, Woodward/White, Inc., 2017-2019

Selected for inclusion as a "Leading Lawyer," General Commercial Disputes, Legal 500 US, 2016-2018

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

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