Professional Liability

Consumer Finance Litigation

The LGWM Professional Liability Practice Group has experience in handling a wide variety of consumer finance litigation matters. We have defended credit card companies, debt collection agencies, debt buyers, collectors, credit report bureaus, mortgage companies and brokers, as well as title and finance companies. Our clients range from local companies dealing with consumers in Alabama and Mississippi, to national companies who do business in all 50 states.

Our team has handled hundreds of cases involving debt collection and credit reporting over the last decade. Our attorneys are very familiar with claims under the Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA), and the cases construing those Acts. We also routinely encounter the state common law claims for invasion of privacy, assault, infliction of emotional distress, trespass and other common law equivalents that surface in consumer finance claims.

The LGWM Professional Liability Practice Group has litigated scores of consumer finance claims in State courts and Federal district courts. We also routinely defend such claims initiated as adversarial proceedings in bankruptcy court. We have been involved in both individual and class action consumer finance claims. We keenly understand that many consumer finance clients prefer to have these claims resolved quickly and inexpensively, and we strive to achieve that.

Cases of Note

  • Successfully defended collection agency in FDCPA case alleging unfair and abusive collection practices.
  • Represented mortgage company in five related lawsuits where Plaintiffs alleged a pattern and practice of improper and fraudulent charges in connection with forced-placed insurance.
  • Successfully defended financial advisor in suit asserting suitability claims arising from the sale of flexible-premium equity-indexed annuities.
  • Obtained summary judgment in case against a mortgage company alleging violations of the FCRA and other state law claims based upon its credit inquiry and loan application processes.
  • Represented finance company in cases alleging applicants were illegally told they were required to purchase credit life insurance in order to receive loans.
  • Represented mortgage company in suit involving alleged conspiracy to sell a low income Plaintiff three homes priced well above fair market value.
  • Represented a financial services firm over allegations that it improperly sold an elderly client close to $1 million in annuities, constituting her entire net worth, which then suffered catastrophic market losses. The case settled for a favorable result following mediation.
  • Represented credit agency in suit alleging violations of FDCPA and TCPA claims based on use of computer generated collection calls.
  • Defended mortgage company in lawsuit alleging violation of Mississippi Mortgage Consumer Protection Act wherein Plaintiff sought to rescind home refinancing agreement based on alleged fraud in the procurement of the loan.
  • Represented investment company in suit involving claims that elderly plaintiff’s funds were improperly placed into a discretionary account which was allegedly unsuitable for her age and financial condition.