Financial Services Litigation

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Bradley represents lenders and financial institutions on a nationwide basis. For years, Bradley attorneys have defended cases brought against banks, lenders, credit card companies, finance companies, mortgage servicers, and other financial services institutions in connection with a broad array of business practices. These matters – involving both individual claims and class actions – arise from diverse aspects of our clients’ businesses. Among them are:

  • Account origination – We defend claims alleging predatory lending, fraud, identity theft, and RICO violations, as well as those alleging violations of state and federal consumer protection statutes, including the Truth in Lending Act (TILA), Home Ownership and Equity Protection Act (HOEPA), and Real Estate Settlement Procedures Act (RESPA).
  • Account servicing and collection activities – We defend claims of improper credit reporting and debt collection practices, including alleged violations of the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Servicemembers Civil Relief Act (SCRA), and Automatic Stay in Bankruptcy.
  • Mortgage lending – We litigate all facets of the mortgage industry, including origination, warehouse lending, pooling and servicing agreements, investor disputes, servicing matters, commercial mortgages, settlement services issues, and fraud.

Our attorneys have handled lender liability claims, directors and officers liability insurance (D&O) and investment fraud litigation, embezzlement and other fidelity cases, credit and title insurance cases, Uniform Commercial Code (UCC) and deposit-side litigation, data privacy matters, arbitration issues, and disputes relating to commercial loans and trusts.

Over the last several years, regional and national financial institutions have engaged Bradley to join their national consumer litigation roundtables and serve as lead litigation counsel in dozens of states.

Bradley is a go-to firm for clients seeking both national and regional appellate representation, with one of the country’s strongest and most active appellate litigation practices. When a case goes on appeal, the stakes go up, and we have been there – in the U.S. Supreme Court, every federal appellate court, and a number of state supreme courts.

We have briefed, prepared, or consulted on countless appeals; argued four cases before the U.S. Supreme Court; and represented clients in many more, as both parties and amici curiae. Our legal team includes four attorneys who clerked on the U.S. Supreme Court and dozens more who clerked for federal and state appellate courts around the country. This level of experience enables us to provide invaluable insights into the procedures, personalities, and inner workings of the appellate system.

With an understanding that substantial challenges pose high stakes in terms of exposure and repetitive claims, Bradley’s Financial Services Litigation and Compliance Practice Group attorneys represent clients in a variety of complex class action cases. Because these matters can threaten business reputations, day-to-day operations, and finances, we advise clients carefully, given the potential for such litigation to adversely affect the landscape of an entire industry.

We have defended hundreds of class actions and mass actions in more than 30 states, in both state and federal courts. In many cases, our Class Action practice has successfully obtained dismissals – or defeated certification – in actions at the trial level and on appeal. Bradley is also nationally recognized for its coordinated mass action, mass tort, multidistrict litigation (MDL), CAFA, and appellate experience. Our skilled Class Action defense attorneys quickly identify the unique risks of each case and then mobilize multidisciplinary teams of lawyers from throughout the firm to craft a trial-ready defense strategy.

Bradley attorneys provide a range of services regarding loan repurchases, including Pooling and Servicing Agreements (PSAs). We:

  • Advise clients on responding to charges of breach of representations or warranties in credit enhancement agreements for purchased loans
  • Represent trustees, bond insurers, and mortgage lenders in litigation related to loan repurchases brought by investors with regard to market expectations, loan sale transactions, and mortgage lending operations
  • Analyze each loan with regard to requests for repurchases and offer counsel in response to repurchase demands made by private investors and government-sponsored enterprises

Bradley offers comprehensive legal services to clients in the mortgage banking industry, such as mortgage lenders, brokers, insurers, and trade associations, as well as consumer finance firms and broker-dealers. We advise on the impact of all legislation in this area, including the HOEPA, Home Mortgage Disclosure Act, Homeowners Protection Act, and RESPA. We also focus on civil rights matters concerning truth in lending, fair housing, opportunity for equal credit, and fair credit reporting.

Our attorneys have written numerous articles about these substantive areas, including the leading treatise on consumer financial services. They speak frequently on these topics as panelists at bar association and other professional organization events throughout the United States.