Contacts
- 248-203-0796
Professionals
- Bartek, Diann
- Baucus, Laura
- Blalock, Michael
- Burkett, Natasha
- Carruthers, Alison
- Dell, David
- Ellis, Robert
- Feeney, James
- Fickel, Ashley
- Gale, Todd
- Gilman, Michael
- Halberg, Caleb
- Hickey, Joseph
- Hyatt, Robert
- Kaluza, Kristina
- Laguna, Jeana
- Magyar, Mark
- Marquis, Amelia
- McAllister, Lori
- Moore, Brian
- Newman, Brian
- Nunnallee, Adam
- Owens, Kyle
- Raheem, Rasul
- Ramin, Nasseem
- Rhiew, Margaret (Peggy)
- Rhoades, John
- Sanchez, Kevin
- Schehr, Thomas
- Schouest, Brett
- Scott, Christyn
- Sedmak, Erin
- Seitz, Theodore
- Simpson, Katie
- Snyder, J. Kevin
- Stephani, Michael
- Stewart, Paul
- Tew, Eric
- VanOver, Ryan
- Walls, Samantha
- Wheaton, Jill
- Williams, Dawn
- Woods, R. Craig
Related Practices
Related Industries
Following the financial crisis of 2008, the financial industry shifted and an unprecedented focus on consumer protection ensued. The heightened focus on consumer protection culminated in laws and regulations designated to protect consumers against “predatory” lending practices. Today’s consumer-focused and ever changing regulatory environment is complex and carries significant and costly risks including increased litigation, regulatory complaints, and enforcement actions.
Dykema’s Consumer Financial Services litigation team has the depth of knowledge and experience needed to help clients seamlessly navigate today’s landscape of complex federal and state consumer lending laws. Our consumer financial services litigators defend banks and consumer financial services companies in regulatory actions and litigation, including putative class actions, concerning various federal and state laws affecting consumer lending and servicing. Our consumer financial services litigators routinely handle responding to consumer complaints in state and federal court; investigating and responding to regulatory complaints; answering and propounding discovery, including electronic discovery requests; taking and defending depositions of corporate representatives, parties, and witnesses; managing discovery disputes; drafting motions to dismiss and motions for summary judgment; attending mediation; engaging in settlement negotiations; and, handling litigation through trial and appeal. Our consumer financial services litigators also interpret and explain changes in the law to counsel clients on how to prevent and best defend against future litigation.
Dykema’ s consumer financial services litigation team provides representation and counseling across the broad spectrum of issues that arise for financial services clients, including in the following areas:
- Appeals (state and federal)
- Bankruptcy advising and adversary proceedings
- Class action litigation, including defense of consumer financial institutions, debt collection agencies, residential mortgage servicers, loan investors and trustees in individual and putative class actions asserted under various state and federal laws
- Condominium Association foreclosures and disputes
- Construction and mechanics liens
- Consumer Financial Protection Bureau (CFPB) compliance litigation, risks and other issues
- Consumer mortgage foreclosure, including defense of lender liability and other claims raised by borrowers in judicial and non-judicial foreclosures
- Consumer protection statutes (state and federal, including the Equal Credit Opportunity Act (ECOA), Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transactions Act (FACTA), Home Mortgage Disclosure Act (HMDA), Magnuson-Moss Warranty Act, Telephone Consumer Protection Act (TCPA), Truth in Lending Act (TILA), Regulation X, and the Real Estate Settlement Procedures Act (RESPA)
- Credit card and retail installment contracts disputes
- Debt acquisition
- Easement and other boundary line disputes
- E-mortgage adoption, lending and risks
- Escrow and insurance proceeds
- Eviction
- Flood insurance, including compliance with the National Flood Insurance Act (NFIA) and Flood Disaster Protection Act (FDPA)
- Government investigations and enforcement
- Homeowner Association foreclosures
- Homestead
- Insurance coverage litigation
- Lender liability defense
- Lien validity
- Loan modification and forbearance agreements
- Loan origination
- Loan repurchase
- Regulatory guidance and claims for consumer loans
- Residential mortgage servicing
- Subpoenas, garnishments, and levies
- Title insurance disputes and related priority claims for real property
- Unfair and deceptive practices
- United States Trustee’s investigation of Chapter 13 consumer bankruptcy filings/practices
- Business tort liability for financial institutions
- Check fraud and forgery
- Data privacy for financial institutions
- Fiduciary litigation/officer and director liability for financial institution representatives
- Real estate insurance risks and issues faced by financial institutions
- Trust and probate liability for banks
- Uniform Commercial Code banking disputes
News
- January 4, 2021
- October 7, 2020
- September 3, 2020
- August 5, 2020
- July 16, 2020
- April 26, 2020
- February 28, 2020
- February 11, 2020
- January 13, 2020
- October 9, 2019
- September 6, 2019
- May 13, 2019
- April 24, 2019
- March 26, 2019
- February 11, 2019
- November 13, 2018
- April 26, 2018
- February 27, 2017
- May 16, 2016
- March 3, 2015
- February 27, 2015
- September 29, 2014
- August 21, 2014
- June 18, 2014
- April 28, 2014
- March 27, 2014
- July 10, 2013
- June 4, 2013
- July 26, 2012
- June 18, 2012
Press Releases
- February 24, 2021
- January 6, 2021
- November 5, 2020
- October 22, 2020
- October 9, 2020
- October 7, 2020
- October 5, 2020
- September 18, 2020
- August 20, 2020
- June 9, 2020
- February 18, 2020
- January 29, 2020
- January 7, 2020
- November 25, 2019
- November 1, 2019
- August 22, 2019
- April 30, 2019
- April 25, 2019
- January 8, 2019
- November 8, 2018
- November 1, 2018
- August 15, 2018
- February 13, 2018
- February 6, 2018
- November 9, 2017
- November 1, 2017
- August 15, 2017
- July 19, 2017
- January 17, 2017
- November 1, 2016
- January 27, 2016
- November 2, 2015
- August 18, 2015
- May 28, 2015
- November 3, 2014
- July 14, 2014
- June 19, 2013
- July 12, 2012
- July 18, 2011
- January 5, 2011
Publications
- American Bar Association Class Action & Derivative Suits NewsletterSpring 2020https://www.americanbar.org/groups/litigation/committees/class-actions/articles/2020/spring2020-federal-courts-power-enforce-nationwide-class-action-settlement/
- State Bar of MichiganMay 7, 2020
- MReportMay 2020
- DSNews Black BookJanuary 2019
- National Mortgage Professional Magazine, Vol. 10, No. 11November 2018
- CPO MagazineJune 22, 2018https://www.cpomagazine.com/2018/06/22/recovering-data-breach-losses-from-non-contractual-parties/
- Law360November 22, 2017
- DS NewsMay 2017
- Mortgage Compliance MagazineDecember 2015
- "Unfair and Deceptive Acts Practices Statutes"Consumer Financial Services Answer Book 2015; 2016; 2020, Practising Law Institute
- Law360September 17, 2014http://www.law360.com/articles/577354/resurgence-of-negligent-loan-servicing-theory-in-calif-
- "MERS Weathers The Storm"Mortgage Banking MagazineJuly 2013
- Michigan Bar JournalJune 2012
- Author, "Fair Credit Billing Act" and, "Fair Debt Collection Practices Act," Chapters in the Consumer Financial Services Answer Book 2011-2017; 2020 Editions, Practising Law Institute
- Smart Business DetroitJune 2011
- "Emerging Topic: Is a Loan Modification 'Credit' Under the Equal Credit Opportunity Act? According to the Fed, It Is" (Co-authored with Joseph H. Hickey and Michael J. Blalock), Summer/Fall 2010Conference on Consumer Finance Law, Vol. 64, Nos. 2-3
- "Emerging Topic: Is a Loan Modification 'Credit' Under the Equal Credit Opportunity Act? According to the Fed, It Is" (Co-authored with Michael J. Blalock and Laura C. Baucus)Conference on Consumer Finance Law Vol. 64, Nos. 2-3Summer/Fall 2010
- "Recent 'Unfair and Deceptive Acts and Practices' Litigation Developments in the Midwest"Consumer Financial Services Litigation, Practising Law Institute2007
Events & Speaking Engagements
- December 15, 2020
- November 10, 2020
- August 18, 2020
- November 21, 2019
- March 27, 2019
- February 19, 2019
- July 17, 2018
- Regtech Fintech Track: Update on eNotes and eMortgages, Speaker, Mortgage Bankers Association's Legal Issues & Regulatory Compliance Conference 2018, Los Angeles, CaliforniaMay 1, 2018
- February 27, 2018
- Defending Consumer Finance Lawsuits After Spokeo v. Robins, Legal League 100 QuarterlyApril 24, 2017
- Financial Institution Security Risk Assessment – Legal Considerations, Flagstar Bank (and other financial institutions)March 28, 2017
- May 18, 2016
- Consumer Financial Litigation II (Including Bankruptcy, Appeals, and Title Claims and Litigation), Presenter and Moderator, Dykema's Annual Financial Industry Group ConferenceOctober 24, 2015
- Consumer Financial Litigation I (Including Defense of Federal & State Law Claims), Presenter and Moderator, Dykema's Annual Financial Industry Group ConferenceOctober 24, 2015
- Regulation X - Litigation Update, Presenter, 39th Annual Texas Association of Bank Counsel Annual ConventionOctober 1, 2015
- Integrated TILA/RESPA Disclosures, Austin Bar Association Financial Institutions Section, Austin, TexasMay 29, 2015
- Intangible Economic Damages: Leveraging Methods of Proof, Valuation Techniques and Use of Experts, Co-Presenter, Strafford WebinarMarch 4, 2015
- State Compliance Developments, General Session, Mortgage Bankers Association Regulatory Compliance Conference, Washington, DCSeptember 2014
- September 2014
- August 12, 2014
- Dodd Frank's Conflicting Goals: Good Underwriting Practices v. Fair Lending Practices, USLAW Banking Conference, Charlotte, N.C.February 7, 2012
Articles & Alerts
- April 3, 2020
- May 6, 2016
- January 17, 2013
- By the Authors of PLI’s Consumer Financial Services Answer Book 2012-2013 and Edited by Arthur B. AxelsonSeptember 7, 2012
- By the Authors of PLI’s Consumer Financial Services Answer Book 2012-2013 and Edited by Arthur B. AxelsonAugust 15, 2012
- By the Authors of PLI’s Consumer Financial Services Answer Book 2012-2013 and Edited by Arthur B. AxelsonJuly 30, 2012
- By the Authors of PLI’s Consumer Financial Services Answer Book 2012-2013 and Edited by Arthur B. AxelsonJuly 13, 2012
- Plaintiffs May Sue For Statutory Damages Without Showing Any Actual DamagesJuly 2, 2012
- By the Authors of PLI’s Consumer Financial Services Answer Book 2012-2013 and Edited by Arthur B. AxelsonJune 29, 2012
- By the Authors of PLI’s Consumer Financial Services Answer Book 2011 and Edited by Arthur B. AxelsonJune 15, 2012
- June 15, 2012
- By the Authors of PLI’s Consumer Financial Services Answer Book 2011 and Edited by Arthur B. AxelsonMay 31, 2012
- By the Authors of PLI’s Consumer Financial Services Answer Book 2011 and Edited by Arthur B. AxelsonMay 7, 2012
- By the Authors of PLI's Consumer Financial Services Answer Book 2011 and Edited by Arthur B. AxelsonApril 18, 2012
- By the Authors of PLI's Consumer Financial Services Answer Book 2011 and Edited by Arthur B. AxelsonApril 3, 2012
- By the Authors of PLI's Consumer Financial Services Answer Book 2011 and Edited by Arthur B. AxelsonMarch 15, 2012
- By the Authors of PLI's Consumer Financial Services Answer Book 2011 and Edited by Arthur B. AxelsonFebruary 29, 2012
- By the Authors of PLI's Consumer Financial Services Answer Book 2011 and Edited by Arthur B. AxelsonFebruary 14, 2012
- By the Authors of PLI's Consumer Financial Services Answer Book 2011 and Edited by Arthur B. AxelsonJanuary 24, 2012
- By the Authors of PLI's Consumer Financial Services Answer Book 2011 and Edited by Arthur B. AxelsonJanuary 6, 2012
- By the Authors of PLI's Consumer Financial Services Answer Book 2011 and Edited by Arthur AxelsonDecember 20, 2011
- December 8, 2011
- By the Authors of PLI's Consumer Financial Services Answer Book 2011 and Edited by Arthur B. AxelsonDecember 2, 2011
- By the Authors of PLI's Consumer Financial Services Answer Book 2011November 3, 2011
- October 24, 2011
- October 19, 2011
- By the Authors of PLI’s Consumer Financial Services Answer Book 2011October 18, 2011
- October 4, 2011
- September 29, 2011
- September 16, 2011
- September 9, 2011
- September 1, 2011
- August 3, 2011
- July 21, 2011
- July 1, 2011
- April 20, 2011
- March 25, 2011
- February 9, 2011
- February 8, 2011
- January 24, 2011
- January 7, 2011
- New Jersey Bankruptcy Court Refuses to Enforce Mortgage Note Where Originating Lender Failed to Give Current Holder PositionDecember 15, 2010
- November 19, 2010
- September 2, 2010
- August 16, 2010
- July 15, 2010
- June 21, 2010
- June 16, 2010
- June 2, 2010
- May 21, 2010
- May 13, 2010
- January 26, 2010
- January 25, 2010
- January 13, 2010