Besides class action defense, we also defend our clients against a wide array of consumer finance cases filed by individual borrowers. These cases range from state consumer protection act claims to allegations of violation of federal mortgage regulations.
We regularly successfully defend against consumer finance claims brought under federal statutes such as RESPA, TILA, the Fair Housing Act, the Telephone Consumer Protection Act, FCRA, FCTA, ECOA, FDCPA, HOEPA, Fair Credit Billing Act, EFTA, RICO and Civil Rights Act Sections 1981 and 1982. The issues in these cases frequently include disclosure of required credit terms; the legality of yield spread premiums and settlement charges, the possible up-charging and overcharging of settlement fees, the rescission of consumer credit transactions; alleged discrimination in housing opportunities; and the structuring of affiliated business relationships.
Consumer finance cases also often include state law claims based upon state consumer protection act statutes, state mortgage and lending statutes and regulations. Our litigators are accustomed to handling these state law claims as well as the common law claims such as fraud, misrepresentation, negligent misrepresentations, and violation of fiduciary duty that often accompany consumer finance cases.