Consumer Financial Services Litigation

McGuireWoods’ extensive experience in consumer financial services litigation makes it a leader in this practice area. Our diverse team of lawyers regularly handles both single-plaintiff and class action litigation in state and federal courts across the country. We also defend consumer financial services clients against civil investigation and enforcement proceedings brought by the Federal Trade Commission, state attorneys general, and other regulatory authorities. Our clients include banks, insurance companies, mortgage servicers, auto finance companies, credit card issuers, credit card marketers and servicers, telecom providers, check authorization companies, consumer reporting agencies, debt buyers, collection professionals, and retailers.

Our capabilities also extend to related areas of privacy, data security breach, consumer bankruptcy, counterclaims in foreclosure actions, enforcement of arbitration agreements, and general commercial litigation. McGuireWoods’ consumer financial services lawyers work closely with transactional and regulatory lawyers to provide consumer credit compliance advice, handle regulatory and governmental relations matters, assist in the securitization of receivables, the development of secured and unsecured credit products, and all other consumer credit-related matters.

Our lawyers have defended consumer financial services industry clients in actions asserting claims for violations of both state and federal consumer credit laws, including:

  • Truth in Lending Act
  • Consumer Leasing Act
  • Real Estate Settlement Procedures Act
  • Equal Credit Opportunity Act
  • Fair Debt Collection Practices Act
  • Fair Credit Reporting Act
  • Telephone Consumer Protection Act
  • Computer Fraud and Abuse Act
  • Credit CARD Act of 2009
  • Credit Repair Organizations Act
 
  • FTC Act
  • RICO
  • State interest and usury laws
  • State consumer protection and unfair trade practices laws, including Section 17200 claims
  • FTC holder rule and FTC regulations
  • Unauthorized practice of law claims
  • Fair and Accurate Credit Transactions Act

Experience

  • REPRESENTATIVE MATTER

    Telephone Consumer Protection Act (TCPA) allegations

    Defeated a class certification motion on behalf of a consumer finance company related to Telephone Consumer Protection Act (TCPA) allegations in the 7th Circuit. The court ruled that the class could not be ascertained, the class definition constituted an improper “fail-safe” class, and the plaintiff failed to establish the Rule 23 requirements of commonality, predominance, adequacy, typicality and superiority. The court also held that the plaintiff did not establish numerosity, an unusual element for a court to decide in ruling against a class plaintiff.

  • REPRESENTATIVE MATTER

    Successful defense of Fortune 200 financial institution in breach of contract MDL

    Representation of a Fortune 200 financial institution in a breach of contract multi-district litigation relating to an interest rate increase on more than 30 million of its credit card accounts. The plaintiffs alleged breach of contract, breach of the implied duty of good faith and fair dealing, unjust enrichment, violations of the Truth in Lending Act (TLA), and more. With cases filed across the country, the matter was consolidated to the Northern District of Georgia. We prevailed on summary judgment on all claims, and the 11th Circuit affirmed on appeal.

  • REPRESENTATIVE MATTER

    Novel consent arguments result in favorable class action settlement brought against auto finance company under TCPA

    Favorably settled a putative class action brought under the Telephone Consumer Protection Act alleging that a leading auto finance company failed to obtain prior express consent before making automated calls to the cell phones of the references listed by the borrowers in their loan applications, raising novel issues regarding “consent by intermediary,” i.e., whether the references authorized the borrowers to provide their cell phone numbers.

  • REPRESENTATIVE MATTER

    Voluntary dismissal of TCPA class action involving “one-click” dialing

    Secured the voluntary dismissal of a putative TCPA class action against a market research company after convincing plaintiff’s counsel through informal discovery that the cell phone calls at issue were not placed by an ATDS.

  • REPRESENTATIVE MATTER

    Mortgage Loss Mitigation Practices

    Defense of a major depository institution against attorney general enforcement actions regarding mortgage loss mitigation practices.

Team Leaders

Full Team

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