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Financial Services Litigation

Financial services clients involved in complex litigation including mass actions, class actions, multi-district class action litigation, and securities arbitration, as well as regulatory inquires, and enforcement actions turn to RSHC for our multidisciplinary approach, mass and class action experience, unique knowledge of the financial services industry and the financial markets, and courtroom acumen.

We are litigators and trial lawyers who have extensive experience in state and federal courts throughout the United States. Members of our financial services litigation team are admitted to practice throughout the country, including California, New York, Illinois, Missouri, Washington, Oregon, and Michigan.

Our broad experience in governmental regulatory and enforcement actions gives us the experience to counsel and defend our clients during civil investigations and proceedings brought by entities such as the Federal Trade Commission, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Financial Protection Bureau, state attorneys general, state consumer protection agencies, and other regulatory authorities.

Our lawyers have represented banks, credit unions, mortgage lenders and servicers, insurance companies, auto finance companies, credit card issuers, credit card marketers and servicers, telecom providers, check authorization companies, consumer reporting agencies, debt buyers, collection professionals, retailers, broker-dealers, trading firms, and individual traders.

Having represented numerous mortgage banks and servicers in thousands of cases throughout the country during the 2008 financial crisis and subsequent years—including some of the most challenging and visible lawsuits—our team members have particular experience in all types of mortgage litigation. In recent years, we have developed a focus on reverse mortgage litigation, which presents an entirely different set of litigation, regulatory, and public relations issues than forward mortgages.

Our capabilities also extend to related areas of privacy, data security breach, counterclaims in foreclosure actions, enforcement of arbitration agreements, securities trading disputes, employment-related litigation, and general commercial litigation.

Our lawyers have represented financial services industry clients in actions asserting claims for violations of both state and federal laws, including:

  • Truth in Lending Act (TILA)
  • FTC Act
  • Consumer Leasing Act (CLA)
  • RICO
  • Real Estate Settlement Procedures Act (RESPA)
  • Securities Exchange Act (SEA)
  • Equal Credit Opportunity Act 
  • Commodity Exchange Act (CEA)
  • Fair Debt Collection Practices Act (FDCPA)
  • State interest and usury laws
  • Fair Credit Reporting Act (FCRA)
  • State consumer protection and unfair
    and deceptive acts or practices statutes 
    (UDAP)
  • Telephone Consumer Protection Act (TCPA)
  • FTC holder rule and FTC regulations
  • Computer Fraud and Abuse Act
  • Unauthorized practice of law claims
  • Credit CARD Act of 2009
  • Fair and Accurate Credit Transactions Act
  • Credit Repair Organizations Act
 

State of the Art

  • TransUnion Decision Provides New Guidance on Article III Standing

    RSHC Partner Matthew Kennison explains the significance of the Supreme Court's recent 5-4 ruling on the case: Has a plaintiff suffered a real, concrete, non-abstract harm if there is incorrect and embarrassing information in the plaintiff’s credit file, but that information is never disclosed to a third party? Or, as the Supreme Court put it, “if inaccurate information falls into a consumer’s credit file, does it make a sound?" Last Friday, in a 5-4 decision, the Supreme Court answered no. In doing so, the Court reigned in broad views of the Court’s language in Spokeo, reaffirmed long-standing concepts related to Article III standing, and provided helpful precedent and guidance for defendants defending against future class actions.