Financial Services Litigation – Consumer

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 consume financial institutions, debt collection agencies, reside 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
  • (note from SM: can’t list on website)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

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