Consumer Finance 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, and identity theft. The firm also defends financial institutions in cases involving consumer allegations of unfair business practices and allegations related to subprime lending.
The firm has specialized expertise related to several issues central to the interests of financial services 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 defended financial institutions in cases involving:
- Fair Debt Collection Practices Acts;
- Truth in Lending Act;
- Consumers Legal Remedies Act;
- Real Estate Settlement Procedures Act;
- Fair Credit Reporting Act;
- Equal Credit Opportunity Act;
- Home Ownership and Equity Protection Act;
- California Business and Professions Code § 17200; and
- State usury laws and interest rate exportation cases.
The firm's Consumer Finance Litigation experience includes:
- Won judgment at trial for a Nevada financial institution in San Francisco Superior Court in a dispute with one of its customers related to a consumer loan.
- Won a demurrer and 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.
- Represented a major national bank in a variety of cases involving disputes with individual mortgage borrowers.
- Represented major national credit card issuers in cases involving disputes with individual account holders.
- Successfully represented a mortgage broker in a dispute with an internet listing site involving allegations of unfair competition and antitrust.
