The Eastern District of NY weighed in on what should happen when a defendant attempts to remove a consumer protection matter to federal court.More
Our Financial Services attorneys represent retail banks, commercial and investment banks, credit unions, credit card issuers and lenders, investment funds and money managers, private equity and venture funds, broker-dealers, directors and officers, insurers and reinsurers, and other corporate entities in the full gamut of legal and regulatory issues attendant to the financial services industry. We have an in-depth understanding of modern financial markets and banking, and are positioned to provide strategic litigation advice and advocacy to meet clients’ business and legal goals.
Cozen O’Connor defends clients in civil litigation brought under laws and regulations governing retail banking, commercial and investment banking, wealth management, and securities. We also protect clients in governmental investigations and enforcement actions initiated by federal and state regulatory agencies, including the Financial Industry Regulatory Authority (FINRA), Securities and Exchange Commission (SEC), Federal Reserve Board (FRB), Federal Deposit Insurance Corporation (FDIC), Consumer Financial Protection Bureau (CFPB), Public Company Accounting and Oversight Board (PCAOB), and others.
Retail and Commercial Banking Litigation
Our retail and commercial banking litigators have vast experience with both the legal and business sides of financial services operations and take a tactical and holistic approach to litigation. We represent both traditional and nontraditional financial services providers — from national and international financial institutions to local/regional banks and lenders and internet-based or app-based providers and start-ups. Our clients include retail and commercial depository institutions; credit, debit, and prepaid card issuers; payment processors; auto-finance companies, including both traditional and high-end leasing companies; mortgage lenders and servicers; student loan lenders and servicers; debt collectors and buyers; and fintech and other technology companies.
We litigate cases involving the full range of retail and commercial financial products, including credit card disputes; prepaid and debit card disputes; checking-related disputes, such as embezzlement and forged or unauthorized endorsements; Uniform Commercial Code Article 3 and Article 4 matters; merchant disputes; privacy, data, cybersecurity, and identity theft disputes; bankruptcy-related litigation, including preference and avoidance actions; predatory lending practices; and wrongful foreclosure matters.
Our team defends financial institutions, creditors, servicers, and collection agencies against claims alleging violations of federal and state consumer protection statutes, including the Fair Credit Reporting Act (FCRA), Fair Credit Billing Act (FCBA), Fair and Accurate Credit Transactions Act (FACTA), Federal Consumer Credit Protection Act (FCCPA), Federal Fair Debt Collection Practices Act (FDCPA), California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA), California Homeowner Bill of Rights (HBOR), Telephone Consumer Protection Act (TCPA), Rees-Levering Automobile Sales Finance Act (ASFA), California Consumers Legal Remedies Act (CLRA), Truth-in-Lending Act (TILA), Electronic Funds Transfer Act (EFTA), Unfair and Deceptive Acts and Practices (UDAP), Equal Credit Opportunity Act (ECOA), and the Real Estate Settlement Procedures Act (RESPA).
Other Service Areas
Real estate and collateral-backed loan litigation
Fraud and breach of duty litigation
Enforcement defense (SEC, FINRA, FRB, FDIC, CFPB, PCAOB, DOJ, and state agencies)
Our Financial Services attorneys understand that it is critically important to provide clients with both optimal service and cost predictability. Accordingly, we align ourselves with our clients’ interests by using strategically sound fee structures and efficient staffing of high-level legal talent. With the resources and geographic reach of a large national firm, Cozen O'Connor can respond quickly to clients’ needs while providing unparalleled value. We believe in structuring every representation with a mind toward fostering lasting client relationships.