Consumer Financial Services Defense

Our team has achieved national prominence in the defense and settlement of individual and class actions routinely brought against consumer financial services companies.

We have litigated a wide range of issues confronted by consumer financial services businesses. Our clients include commercial and consumer banks, credit card issuers, residential lenders, automobile finance companies, student lending companies, credit reporting agencies, payment processors, investment banks, e-commerce companies and insurance companies.

Our litigators have defended and settled, including through innovative settlement structures, hundreds of class actions addressing a wide range of issues. We have argued three times to the California Supreme Court as lead counsel on issues of critical concern in connection with the defense of consumer class actions and routinely appear before federal and state appellate courts across the country.

Experience

  • On an issue of first impression and of importance to retail banks, our litigation team secured a favorable ruling before the U.S. Court of Appeals for the Ninth Circuit on behalf of JPMorgan holding that the Identity Theft Act does not apply to claims involving a deposit account because the defendant bank was not a “claimant” under the Act.
  • We have successfully brought an end to nearly 10 years of litigation against our client, American Express, when a three-judge panel of the U.S. Court of Appeals for the Seventh unanimously ruled that a federal district court judge did not abuse his discretion in approving American Express’ $6.7 million settlement of a class action case.
  • Our team successfully obtained a judgment on behalf of WSI in a complex real estate dispute following a one-month trial. The court earlier granted summary judgment for WSI on plaintiff’s fraud and negligent misrepresentation claims.
  • Handled a series of nationwide class actions pending in New York challenging retail bank overdraft fees. We negotiated a nationwide class action settlement in a parallel New York State Court case.
  • Obtained dismissal of a putative class action against BMW Bank of North America and BMW Financial Services NA, LLC alleging over $40 million in potential damages under the Telephone Consumer Protection Act. The order provides valuable support to defendants’ efforts to defeat claims based on the unauthorized conduct of third parties.
  • Representing trustees of one of the largest asset management funds in the world in a class action stemming from the August 2015 stock market flash crash.
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Lawyers In This Group


NAME TITLE OFFICE
James L. Bernard Partner New York

James L. Bernard
Partner
New York

Daniel N. Bertaccini Associate New York

Daniel N. Bertaccini
Associate
New York

Elizabeth C. Carter Associate New York

Elizabeth C. Carter
Associate
New York

Shannon E. Dudic Special Counsel Los Angeles

Shannon E. Dudic
Special Counsel
Los Angeles

Christine E. Ellice Special Counsel Los Angeles

Christine E. Ellice
Special Counsel
Los Angeles

Holly A. Farless Associate Los Angeles

Holly A. Farless
Associate
Los Angeles

Ali Fesharaki Associate Los Angeles

Ali Fesharaki
Associate
Los Angeles

Christopher R. Fredrich Associate Los Angeles

Christopher R. Fredrich
Associate
Los Angeles

Brian C. Frontino Partner Miami
Los Angeles

Brian C. Frontino
Partner
Miami
Los Angeles

Raymond A. Garcia Associate New York

Raymond A. Garcia
Associate
New York

Chelsea L. Goulet Associate New York

Chelsea L. Goulet
Associate
New York

Cristina A. Guido Associate Los Angeles

Cristina A. Guido
Associate
Los Angeles

Crystal Y. Jonelis Associate Los Angeles

Crystal Y. Jonelis
Associate
Los Angeles

K. Thomas Ko Partner New York

K. Thomas Ko
Partner
New York

Erick K. Kuylman Associate Los Angeles

Erick K. Kuylman
Associate
Los Angeles

Dustin A. Linden Associate Los Angeles

Dustin A. Linden
Associate
Los Angeles

John R. ('Jake') Loftus Partner Los Angeles

John R. ('Jake') Loftus
Partner
Los Angeles

David W. Moon Special Counsel Los Angeles

David W. Moon
Special Counsel
Los Angeles

Stephen J. Newman Partner Los Angeles

Stephen J. Newman
Partner
Los Angeles

Arjun P. Rao Partner Los Angeles

Arjun P. Rao
Partner
Los Angeles

Adam P. Snyder Associate Los Angeles

Adam P. Snyder
Associate
Los Angeles

Julieta Stepanyan Associate Los Angeles

Julieta Stepanyan
Associate
Los Angeles

Adam P. Stillman Associate Los Angeles

Adam P. Stillman
Associate
Los Angeles

Julia B. Strickland Partner Los Angeles

Julia B. Strickland
Partner
Los Angeles

David D. Switzler Associate Miami

David D. Switzler
Associate
Miami

Alisa M. Taormina Associate Miami

Alisa M. Taormina
Associate
Miami

Daniel J. Yost Associate New York

Daniel J. Yost
Associate
New York