The firm has substantial depth of experience in lending and sales practices. Since its inception, the firm has been lead counsel for a number of banks and other lending institutions, including consumer lenders. In the course of those representations, the firm has garnered substantial experience in all manner of lending related litigation, including: check kiting; violation of restrictive indorsement; embezzlement; wrongful wire transfer and ACH; conversion of instruments; commercial collection; cybersecurity, mortgage lending and servicing; wrongful foreclosure and repossession; credit insurance related claims; wrongful refinancing; guaranty litigation; class action litigation; and defending claims under the Equal Credit Opportunity Act, Fair Debt Collection Practices Act, Fair Credit Reporting Act, Truth in Lending Act, Consumer Protection Act, Telephone Consumer Protection Act, Electronic Fund Transfer Act, and Real Estate Settlement and Procedure Act.
The firm has handled numerous lending related disputes at trial, in arbitration and before state and federal regulatory agencies, including state departments of banking and consumer finance, the FDIC, Federal Reserve Board and Office of the Comptroller of the Currency.
The firm’s lending clients range from large national and multinational lenders to small community banks and finance companies. Representative clients include Regions Financial Corporation and Regions Bank, Springleaf Finance, Inc. (formerly known as American General Financial Services, Inc.), GMAC, Homecomings Financial, Trustmark National Bank, Hancock Holdings Corporation and Hancock Bank, Harrison Finance Company, U.S. Bank and Capital One Bank (Capital One, National Association, Capital One Auto Finance and Capital One Financial Corporation).
- Obtained dismissal with prejudice on motion practice in a lawsuit brought against bank (Capital One, N.A.) alleging (correctly) conversion, negligence and unjust enrichment related to significant debts payments made to the bank from a customer who was directing unauthorized payment from Plaintiffs’ bank account.