Consumer Lending LitigationPDF
Robinson Bradshaw has represented a variety of clients engaged in consumer, mortgage and home equity lending, and related activities in litigation. Several of our lawyers have devoted substantial time to these disputes, placing a premium on their efficient and effective disposition. Our lawyers advise clients on various matters involving consumer lending laws. Clients benefit from our understanding of the business and litigation challenges lenders face.
We have defended lenders in lawsuits, including class actions, involving alleged breaches of lending agreements; vicarious liability for the conduct of originating lenders; bankruptcy-related claims; claims asserted under various federal and state statutes, including the Truth-in-Lending Act, the Real Estate Settlement Procedures Act, the Fair Debt Collection Practices Act and the Fair Credit Reporting Act; and state debt collection and unfair trade practices statutes. We have also represented lenders in customer data breach disputes.
Defended a major lender in a putative class action in the U.S. District Court for the Northern District of Georgia alleging violations of the Truth-in-Lending Act and related laws. The court granted our client's motion to compel individual arbitration, and the U.S. Court of Appeals for the Eleventh Circuit refused to accept certification for immediate appeal, resulting in settlement. Hopkins v. World Acceptance Corp., 798 F. Supp. 2d 1339 (N.D. Ga. 2011).
Served as co-counsel for a national online service in a series of putative class action lawsuits arising from an alleged breach of customer data. These cases were transferred for pretrial proceedings in the U.S. District Court for the Western District of North Carolina, which ordered individual binding arbitration of all claims. The U.S. Court of Appeals for the Fourth Circuit affirmed, effectively resolving the dispute. Spinozzi v. LendingTree, LLC, 2009 WL 1259351 (W.D.N.C. May 5, 2009), affirmed, 456 Fed. Appx. 234 (4th Cir. 2011) (per curiam).
Defended a national home equity lender in a class action in the North Carolina Business Court. After certification of the class and various other pretrial motions, the case settled during mediation.
Serve as regional counsel for one of the primary credit reporting agencies, assisting in the defense of FCRA claims across North Carolina and South Carolina. We have helped our client resolve these claims through both litigation and negotiation at the pleadings stage, summary judgment and trial.
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