Consumer Credit Litigation

Sometimes, despite every reasonable effort, our clients find themselves involved in consumer credit litigation. Our attorneys regularly defend our clients against the following claims: Consumer Fraud; Truth in Lending Act; Fair Credit Billing Act; Fair Credit Reporting Act; Fraud; Breach of Contract; Wrongful Repossession; Class Actions; Equal Credit Opportunity Act; EFTA and Regulation E.

Key Services

  • Litigation
  • Training
  • Regulatory Compliance

Noteworthy Cases

Weed-Schertzer v. Nudelman, Klemm & Golub, 2013 U.S. Dist LEXIS 14381 (D. N.J.); Zavodnick v. Gordon & Weisberg, P.C., 2012 U.S. Dist. LEXIS 78868, (E.D. Pa. June 6, 2012); Vargas v. Hanna, Case No 2:12-cv-03802-DMC-MF (D.N.J); Armour v. Sallie Mae, 2010 U.S. Dist. LEXIS 95525 (D.N.J. 2010); DiMedio v. HSBC Bank, 2009 U.S. Dist. LEXIS 68129 (D.N.J. 2009); DiMedio v. HSBC Bank, 2009 U.S. Dist. LEXIS 52238 (D.N.J. 2009); Martinez v. Granite State Mgmt. & Res., 2008 U.S. Dist. LEXIS 94995 (D.N.J. 2008); Bartell v. Dell Financial Services, 2007 U.S. Dist. LEXIS 736 (E.D. Pa. 2007).

Articles & Lectures

Collection Litigation is NOT Scattershot Litigation, DBA International Annual Conference, February 2015; Top Litigation Risks for Debt Buyers and How to Avoid Them, DBA International 2014 Executive Summit; Electronic Funds Transfer Act for Debt Collections, NARCA 2014 Spring Conference; An In-House Perspective on Litigation Trends, DBA International Conference, February 2014; A Look Back at 2013’s Developments in Consumer Financial Services Law, Maurice & Needleman Webinar Series, 2014; The Electronic Funds Transfer Act, Maurice & Needleman Webinar Series, 2014; Issues in Debt Collection Practices, Attorneys General Education Program Policy Conference on Federalism and State Regulation of Lending, George Mason University School of Law, November 2013; Vicarious Liability in Collections: Can You Be Held Liable?, ACA International, July 2013; Strained Application of ADA Impacts Debt Collection, The DBA Magazine, Vol. 3, Issue 1, Spring 2013; Who’s Paying for This? Tricky Pitfalls and Ethical Landmines Regarding Indemnification, NARCA Webinar, November 2012; What Debt Collectors, Debt Buyers and Collection Lawyers Need To Know about the CFPB Larger Participant Rule and CFPB Exams, Webinar with Ballard Spahr, November 2012; Competing in an Environment of Compliance, Michigan Creditors Bar Association, September 2012; Removal to Federal Court: Process, Procedure and Substance, ACA International, July 2012; When Debtors Attack: Special Issues on Handling Counter-Claims, 3rd Party Claims and Ancillary Claims; NARCA, May 2012; Recent Trends and Class Actions in Financial Services Litigation, DBA International, February 2012; The NARCA Professional Code and Attorney Ethics, Living with Lesher: Discussing the Implications of Lesher v. Mitchell N. Kay, NARCA 2011 Fall Conference; Getting Sanctions Awarded in Consumer Litigation, NARCA 2011 Spring Conference; Avoiding the Pitfalls under the Fair Credit Reporting Act, Commercial Law League, November 2010; Update on Debt Collection Issues & Developments including Ethics, Conference on Consumer Finance Law, October 2010; Ethical Issues in Consumer Financial Services Litigation, ABA, August 2010; Defending State Law Claims, ACA International, July 2010; Cases, Claims and Industry News, ACA International Teleseminar, November 2009; Ethics for Collection Industry Attorneys, NARCA 2009 Fall Conference; Credit Reporting Post-Discharge: Am I In Trouble Now?, American Bankruptcy Institute Journal, March 2008; Avoiding Fair Credit Reporting Act Traps, 2007 Debt Buyers Association, February 2007; Fair Credit Reporting Act – Basics and Case Law Update, Commercial Law League, November 2006; Automobile Lenders Use Replevins To Recover Their Collateral, CU Solutions, Winter 2005; Prime Time: U.S. Supreme Court Holds Cram Downs Will Pay Interest at Prime Plus (Nothing?), CU Solutions, Fall 2004; New Jersey Supreme Court to Motor Vehicle Lessors: Pay for Lessees’ Towing, Storage and Repairs, CU Solutions, Spring 2004; Complete Guide to Credit and Collections Law, Winston, Arthur, Contributing Author, Prentice Hall, 2002; Sub-Prime Lending, NARCA 2001 Fall Conference; NARCA Collector’s Guide 2000; Truth in Lending Developments, Contributor, NARCA Newsletter, Fall 2000.