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.
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.
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.
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.
Defense of a major depository institution against attorney general enforcement actions regarding mortgage loss mitigation practices.
McGuireWoods Earns Nationwide Ranking In Prestigious Chambers Fintech Guide
December 11, 2018
McGuireWoods Partner David Reidy Honored as Fintech Trailblazer by The National Law Journal
September 10, 2018
Joseph Reilly, Authority on CFPB Mortgage Rules, Joins McGuireWoods in Washington
January 9, 2018
The CFPB’s Debt-Collection Proposal: Key Details and Free Webinar
May 17, 2019
Complaint Alleging Real Estate Marketing Program Violated RESPA Anti-Kickback Rule Survives
May 13, 2019
NY Launches Consumer Protection and Financial Enforcement Division
May 8, 2019
CFPB Issues Proposed Debt Collection Rule
May 7, 2019
NY Lawsuit Contesting OCC’s Fintech Charter Survives First Legal Hurdle
May 7, 2019