BCLP's Consumer Financial Services Litigation team represents financial institutions in high stakes cases and class actions nationwide. Our trial lawyers regularly appear in putative consumer class actions and individual claims in state and federal courts, including multi-district and bankruptcy actions, as well as in arbitrations and other alternative dispute proceedings. These cases often involve claims brought under TILA, HOEPA, RESPA, FCRA, FDCPA, ECOA, the Fair Housing Act, state unfair and deceptive practices statutes (UDAP), privacy laws, and the common law. We have handled literally thousands of consumer financial services litigation matters. Multiple clients have entrusted us to handle significant litigation matter volumes across substantial geographical regions, because we understand our clients operations and personnel, we appreciate risk and reputation concerns, and we execute strategy to mitigate litigation and trial risk effectively.
Our team members across the U.S. — in Atlanta, Charlotte, Chicago, Dallas, Denver, Irvine, Kansas City, New York, Phoenix, Santa Monica, San Francisco, St. Louis and Washington D.C. — work together to provide a seamless and effective response. With 35 dedicated financial service litigators, we work to achieve matter resolutions that meet both our clients' short term needs and broader strategic goals.
We represent clients in purported nationwide and statewide consumer class actions involving a variety of claims. These cases often challenge our clients' basic business practices, including the ability to charge certain fees, do business with affiliates, and foreclose on loan collateral, and involve issues with widespread industry impact. Our representations have covered a gamut of products and services, for example:
- Class and individual claims arising under FCRA, including serving as lead national counsel for FCRA claims and advising CFS clients regarding CARES Act FCRA changes.
- Class and individual claims arising under the TCPA asserted against CFS clients in connection with lending or servicing related outreach contacts.
- Claims under RESPA alleging sham fees, illegal kickbacks and/or marked up third party fees in connection with mortgage origination;
- Claims against mortgage servicers under the FDCPA for alleged failure to provide debt validation and other practices;
- Claims alleging state law breach of contract or improper servicing activity in connection with servicing and REO sales;
- Suits under state unfair competition laws relating to mortgage origination and servicing practices including force-placed insurance and servicing fees;
- Suits alleging claims for failure to provide loan modifications;
- Suits seeking rescission and other TILA remedies
- Suits alleging unfair competition in the financial services industry.
Our practice involves much more than litigation. We also assist clients in pre-suit activities, such as internal investigations, development of internal company procedures and advice about avoidance of litigation risk. We also partner with clients to assess litigation risk pragmatically, offering both quantitative and qualitative risk assessments. And when CFS clients, need our expert trial attorneys, we match our trial team to the client's needs and the case demands.