Litigation

Our litigators have represented large national banks, mortgage servicers, debt collectors, installment and small dollar lenders, background screeners, auto lenders, and a variety of other financial services companies facing civil lawsuits filed on behalf of consumers.

We leverage a deep understanding of our clients’ businesses to find an ideal litigation defense strategy for each case. Through every stage of the litigation process, we work to meet our clients’ goals in an effective and cost-efficient manner. Along the way, we counsel clients on the business and regulatory implications of each case and suggest ways to address related compliance and other risks to the company.

Consumer Litigation

Our litigation attorneys have represented clients nationwide in cases involving a variety of consumer protection statutes, including the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA), federal and state unfair, deceptive or abusive trade practices laws (UDAP or UDAAP), Fair Housing Act (FHA), and various state laws.

While defending a consumer lawsuit in court is often the best option – and we are always prepared to litigate – our primary aim is to resolve the matter favorably for our client. Sometimes that means stopping a claim from reaching the courthouse through settlement discussions or alternative dispute resolution. Our attorneys have successfully negotiated reasonable, early settlements on behalf of clients where appropriate, and we strive to enforce arbitration clauses to their fullest extent.

Class Actions

Our class action experience stretches across a broad spectrum of the consumer finance industry and includes representation of mortgage companies, auto lenders, and title lenders. We have litigated class claims involving the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Credit Reporting Act (FCRA), Equal Credit Opportunity Act (ECOA), and state consumer protection laws. Whether through dispositive motions, defeating class certification, or the appeals process, we use every tool at our disposal to help clients navigate complex class actions.

Amicus Briefs

Bolstered by decades of experience representing industry associations, Hudson Cook offers amicus brief support in critical cases with nationwide legal and policy implications. Recently, Hudson Cook served as amicus counsel to a major trade association representing credit reporting agencies before the federal Ninth Circuit Court of Appeals in a case involving a key interpretative aspect of the Fair Credit Reporting Act.

Government Enforcement Actions

Government agency lawsuits carry all the burdens of consumer litigation, and potentially more of the risk. Our litigators have defended companies in actions by the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), U.S. Department of Justice (DOJ), and various state attorneys general and financial regulatory agencies. For more information about our Government Enforcement practice, click here.

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Attorneys Practicing in this Area
INSIGHTS

Representative Matters

Representative Matters

Arbitration

  • Obtained arbitration award following multi-day arbitration (second chair) on behalf of real estate developer in commercial dispute
  • Obtained arbitration award following multi-day arbitration on behalf of auto finance company in consumer dispute
  • Obtained arbitration award following multi-day arbitration on behalf of auto finance company in consumer dispute
  • Obtained arbitration award following summary judgment on behalf of auto finance company in multiple consumer disputes
  • Obtained arbitration award following summary judgment on behalf of franchisor in area developer dispute
  • Prevailed on summary judgment motions on behalf of auto finance company in multiple consumer disputes
  • Represented solar energy company in numerous consumer arbitrations nationwide arising under consumer protection laws and tort claims
  • Successfully quelled the coordinated threat of dozens of consumer arbitration cases

Federal Investigations and Enforcement Actions

  • Represent a consumer leasing company in connection with investigation by the FTC
  • Secured a no-action letter from the CFPB after multi-year investigation of a money-transfer company concerning potential claims under CFPA, EFTA, and GLBA
  • Secured a no-action letter from the CFPB after multi-year investigation of a mortgage lender concerning appraisal bias
  • Secured closure with no action on behalf of a background screening company after a multi-year, joint investigation by the CFPB and FTC relating to potential FCRA claims

Investigations and Enforcement

  • Regularly represent financial companies in inquiries and investigations by the California Department of Financial Protection and Innovation (DFPI)
  • Represented auto dealer in state attorney general investigation related to title issues
  • Represented installment lender in multistate attorney general enforcement action related to consumer lending sales practices and products
  • Represented vendors to credit reporting agencies in investigations and inquiries by the CFPB and state attorneys general
  • Secured a dismissal for lack of probable cause on behalf of auto dealer related to consumer claim of discrimination in decision not to finance auto purchase in violation of local city ordinance

Litigation

  • Assisted a money-transfer company in securing a no-action letter from the CFPB after a multi-year investigation concerning potential claims under the CFPA, EFTA, and GLBA
  • Assisted auto finance company in prevailing on summary judgment motions in multiple consumer disputes
  • Defeated class certification in consumer debt collection cases
  • Obtained defense judgment after evidentiary plea in bar hearing on employee misclassification and restrictive covenants defense (first chair) Arbitration
  • Obtained judgment following motion for judgment on the pleadings on California Invasion of Privacy Act claims involving a website chatbot
  • Obtained jury verdicts as in owner buy-out dispute (first chair) and commercial property dispute (second chair)
  • Prevailed after bench trial on school accreditation common law due process dispute (first chair) and solar company tort claims (first chair)
  • Represent companies in mass action litigation concerning claims under New Jersey’s Daniel’s Law
  • Represented a consumer finance company in putative class action litigation concerning claims under FCRA and state law
  • Represented auto finance data provider in class action alleging violations of the FCRA related to OFAC screening
  • Represented consumer reporting agency in class action alleging violations of the FCRA related to residential mortgage property data
  • Represented consumer reporting industry trade group and auto dealer trade group as amici in appeals and rulemaking challenges impacting those industries in several U.S. Courts of Appeal
  • Represented debt collector law firm in class action alleging violation of the Maryland Consumer Protection Act and Maryland Consumer Debt Collection Act related to residential tenant debt collection activities
  • Represented third party debt collection company in multiple class actions alleging violations of the Maryland Uniform Commercial Code related to auto repossession notifications
  • Successfully argued and defended district court judgment related to school accreditation common law due process claims in the U.S. Court of Appeals for the Fourth Circuit
  • Successfully argued and defended district court judgment upholding arbitration agreement in the U.S. Court of Appeals for the Fourth Circuit
  • Successfully argued and defended trial court judgment dismissing wage claims in the Maryland Court of Special Appeals

State Investigations and Enforcement Actions

  • Negotiated a successful resolution to automotive sales practice claims brought by the Indiana Attorney General’s office
  • Negotiated a successful resolution with Florida regulators on behalf of a military lending company accused of violating the Military Lending Act (MLA) and EFTA
  • Represent a leading auto finance company in Holder Rule litigation brought by the New Mexico Department of Justice
  • Represented a commercial leasing company in investigation by the Florida Attorney General’s office
  • Represented a direct auto lender in multi-year investigation by the Massachusetts Attorney General’s office
  • Represented a leading installment lender in first-of-its-kind multistate litigation brought by state Attorneys Generals challenging consumer lending sales practices and products
  • Represented an installment lender in investigation by the Illinois Attorney General’s office
  • Represented numerous finance companies in inquiries by state licensing agencies, including: California Department of Financial Protection and Innovation, Connecticut Department of Banking, Florida Office of Financial Regulation, Idaho Department of Finance, Illinois Department of Financial and Professional Regulation, Kansas Office of the State Bank Commissioner, Maryland Office of Financial Regulation, Massachusetts Division of Banks, Michigan Department of Insurance and Financial Services, Missouri Division of Finance, New Hampshire Banking Department, New Jersey Division of Banking, New York Department of Financial Services, Oklahoma Department of Consumer Credit, South Dakota Division of Banking, Virginia Bureau of Financial Institutions, Washington Department of Financial Institutions

Attorneys Practicing in this Area

March 01, 2015

Don’t Fence Me In

Thomas B. Hudson

Partner Emeritus

December 01, 2015

Congressional Staff Report Reveals Sad Inner Workings of CFPB Fair Lending Attack on Dealer Compensation

L. Jean Noonan

Partner

April 01, 2015

Spacemen Abduct Regulators!

Thomas B. Hudson

Partner Emeritus

December 15, 2015

Can California Lenders Pay Referral Fees to Unlicensed Brokers?

Robert A. Cook

Partner Emeritus

May 01, 2015

Seismic Shift

Nicole F. Munro

Partner

January 01, 2016

Looking Ahead

Eric L. Johnson

Partner

September 01, 2015

Lots of Pages, But a Single Document

January 28, 2016

Asset Purchase or Consumer Loan: One State High Court Weighs In

Catherine M. "Cathy" Brennan

Partner

December 01, 2015

Here Come the “Readability” Police

Nicole F. Munro

Partner

February 17, 2016

The Commonwealth Decision

Catherine M. "Cathy" Brennan

Partner