Financial Services Litigation.
The firm has extensive experience representing financial institutions, including banks, credit card companies, investment banks, consumer lending companies and mortgage lenders in consumer finance litigation involving state and federal laws regarding deposit accounts, lending, credit reporting, fair debt collection, mortgages, auto finance lending, and credit card litigation. The firm also defends financial institutions in cases involving consumer allegations of unfair business practices.
The firm has specialized expertise related to several issues central to the interests of financial institutions, including the enforcement of arbitration provisions, federal preemption of state law, and Federal Reserve regulations related to deposit accounts, credit cards, and overdraft services.
The firm's attorneys have successfully defended financial institutions in cases involving:
• Fair Debt Collection Practices Act;
• California's Rosenthal Act;
• Fair Credit Reporting Act;
• Fair and Accurate Credit Transactions Act;
• Truth in Lending Act;
• Consumer Legal Remedies Act;
• Real Estate Settlement Procedures Act;
• Equal Credit Opportunity Act;
• Home Ownership and Equity Protection Act;
• California's Unfair Competition Law (Business and Professions Code section 17200); and
• State Usury Laws and Interstate Exportation.
Representative examples of the Firm's experience in consumer finance litigation include:
• Won Judgment at trial for a Nevada financial institution in San Francisco Superior court in a dispute with a consumer regarding a consumer loan.
• Won motion to dismiss with prejudice and motion for summary judgment for a credit card issuer and major national retailer in U.S. District Court for the Southern District of California in a case alleging violations of the Fair Credit Reporting Act, the California Rosenthal Fair Debt Collection Practices Act, and the California Consumer Credit Reporting Agencies Act.
• Won motion to dismiss with prejudice in Los Angeles County Superior Court for a credit card issuer in a case alleging violations of the Fair Debt Collection Practices Act and Fair Credit Reporting Act.
• Won a motion to dismiss with prejudice in U.S. District Court for the Eastern District of California for a retail consumer finance lender in a case alleging violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, and the Truth in Lending Act.
• Won motion to dismiss for an investment bank in San Francisco Superior Court in a putative class action alleging violation of California's unfair business practices statute, Business and Professions Code 17200, affirmed by the California Court of Appeal.
• Won summary judgment for a California bank in the U.S. District Court for the Northern District of California in a putative class action alleging illegal yield spread premium payments by the bank to a mortgage broker.
• Represents major national banks in a variety of cases involving disputes with individual mortgage borrowers.
• Represents major national credit card issuers in cases involving disputes with individual account holders.
• Successfully represented mortgage brokers in a dispute with an internet listing site involving allegations of unfair competition and antitrust.
