Financial Services Litigation

Burr has a national financial services litigation practice that serves as national litigation counsel for two of the top five financial institutions and regional counsel for a number of others.

The Burr team defends banks, credit card issuers, mortgage originators, mortgage servicers, auto finance companies, and debt collection/debt buying professionals, in class, mass, and individual actions throughout the country.

Our Financial Services Litigation team also regularly defends against suits brought by various governmental entities such as state attorney generals, as well as CPFB investigations. The Financial Services Litigation team has offices in the most litigious venues in the country, including South Florida, Alabama, and Mississippi.

Auto Finance

Burr & Forman has extensive experience defending auto finance claims. This experiences ranges from defending state law law claims involving wrongful repossession, intentional tort and contract claims to federal claims alleging violations of the Fair Credit Reporting Act ("FCRA"), Truth in Lending Act  ("TILA"), and Telephone Consumer Protection Act  ("TCPA") as well as numerous other alleged violations of state and federal law.  Burr & Forman attorneys also have significant experience enforcing arbitration agreements contained in retail sales installment contracts. Burr & Forman's attorneys specializing in this area of the law have experience defending these type claims not only in the five states Burr has offices but also Louisiana, Oklahoma, South Carolina, Kentucky, and Arkansas

Banking and Credit Card

Burr & Forman has considerable experience representing and advising banking institutions in litigation. The firm's experience includes representing and advising commercial and consumer lenders, finance companies, credit unions, mortgage lenders and servicers and credit card issuers. The firm has served as local, regional, and national trial and arbitration counsel on behalf of its banking and financial service clients in matters within and outside the Firm's present five-state footprint. 

Burr attorneys have handled a broad array of litigation matters on behalf of its banking and financial service clients, including class actions, individual matters, and governmental and Attorney General investigations involving lending disputes, breach of contract, alleged lender and servicer misconduct, unauthorized asset transfers, actions to recover from principals or guarantors, bankruptcy procedures and practices and bankruptcy advisory proceedings. Our experience includes litigation involving FCRA, FDCPA, FCBA, TILA, Regulation Z, Truth-in-Savings Act, Electronic Funds and Transfer Act, E-sign and Uniform Electronic Transactions Act, Gramm-Leech-Bliley Act, RICO, HOLA, TCPA, DIDMCA, HOEPA, state predatory lending laws, state privacy laws, state UDAP laws, and federal preemption of  state law causes of action.

Because the law, regulatory environment, and business practices within the banking and financial service industry are ever-evolving, the firm is committed to an ongoing partnership with its clients to address not only matters involving present litigation, but matters involving threatened and potential litigation that early legal counsel and advice may reasonably prevent.

Mortgage and Consumer Loan

Burr & Forman's Financial Services Litigation group is nationally known for its knowledge and expertise in mortgage litigation.  Burr's consumer finance attorneys have substantial experience representing mortgage originators, correspondent lenders, mortgage servicers, and investors in disputes with borrowers brought under both state and federal laws.   This includes origination claims brought under TILA, Real Estate Settlement Procedures Act ("RESPA"), Home Owners Equity Protection Act ("HOEPA"), Equal Credit Opportunity Act ("ECOA"), as well as other federal statutes.  Our extensive litigation experience ranges from defending class actions and mass actions down to single plaintiff cases dealing with both origination and servicing disputes.

Burr's attorneys have consistently been featured on the national speaking circuit with presentations on recent developments in mortgage litigation.  This has included cutting-edge talks on litigation surrounding the Home Affordable Mortgage Program ("HAMP"), mortgage repurchase demands, TILA amendments, and many other relevant topics.  With the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act, as well as the creation of the Consumer Financial Protection Bureau ('CFPB"), Burr attorneys have authored numerous articles on the effect recent statutory and regulatory changes will have on the mortgage industry.

Finally, Burr & Forman attorneys have wide-ranging experience dealing with state common-law claims in the Southeastern United States.  Burr attorneys have also played a leading role in developing favorable case law for mortgage lenders throughout the Southeast.  We recognize the threat that state common-law claims can present to mortgage lenders, regardless of compliance with federal law, and are well-equipped to handle these claims through both the pleading stage and at trial.

Representation of Collection Professionals and Debt Buyers

Burr & Forman's Financial Services Litigation group has significant experience representing retail collection professionals and attorneys, as well as debt buyers, in litigation throughout the country.  This experience includes representation in both individual and class actions involving alleged violations of federal and state statutes, as well as state common law claims.  Our attorneys have representative experience in the following areas:

  • The Fair Debt Collection Practices Act ("FDCPA") — Burr & Forman attorneys have been at the forefront of FDCPA litigation during the last five years, in which courts across the country have seen a dramatic increase in the number of filed FDCPA cases.  Burr attorneys have presented on the FDCPA both internationally and throughout the United States, providing consistent updates on developments in case law and cutting-edge defense litigation techniques.  Our attorneys have experience dealing with both FDCPA class actions and individual lawsuits, and have had substantial success attacking the merits of plaintiff's claims at the outset of litigation.
  • Telephone Consumer Protection Act ("TCPA")  The past several years have seen a marked increase in the number of TCPA cases filed throughout the United States, and Burr attorneys have been at the forefront of developing TCPA case law and defending their clients against TCPA claims.  This experience includes representation of clients in nationwide TCPA class actions.  Burr attorneys also provide timely, informative updates to a wide-variety of clients and attorneys regarding TCPA case law developments.
  • Fair Credit Reporting Act ("FCRA")  Oftentimes, lawsuits against collection professionals and debt buyers include FCRA claims and the attorneys at Burr have extensive experience with litigating and defending against FCRA claims.  Burr's attorneys have had significant success defending these claims in the initial stages of litigation and have been heavily involved in the development of positive case law defining and expanding the reach of FCRA in preempting state law claims related to credit reporting.
  • State collection laws   Our attorneys also have experience defending clients against alleged violations of state collection lawsuit, including the Florida Consumer Collection Practices Act ("FCCPA").  Oftentimes, these statutes can differ from the provisions of the FDCPA and require a thorough understanding of the individual state's statutory scheme and case law.  Burr attorneys have experience defending these cases individually, and when they are paired with alleged FDCPA violations, and have a presence in all five Southeastern states that are home to Burr's numerous offices.  Several Burr attorneys have provided case law updates and presentations on individual state collection statutes and are recognized as industry leaders in defending against these claims.
  • State common law claims  Often accompanying claims under the federal statutes listed above, state common law claims related to collection activity and credit reporting can create significant hurdles for retail collection professionals and debt buyers.  Attorneys at Burr are well-equipped to handle the defense of these claims and have had significant success in obtaining favorable decisions finding the preemption of these claims.
  • Proving ownership — (assignments and transfers in ownership).  Burr attorneys are well-versed in the issues faced by collection professionals and debt buyers in proving the ownership of debt obligations in state court.  Burr & Forman attorneys have provided numerous presentations to industry leaders on the best practices in assigning and obtaining ownership of accounts and the evidence required to prove ownership in state court collection lawsuits.

Trials, Arbitration, and Class Actions

Burr & Forman's Financial Services attorneys are frequently retained on behalf of their clients to try and arbitrate cases not only within the firm's five-state footprint but throughout the country. This experience includes serving as first chair trial and lead arbitration counsel for leading companies in the financial services industry in both single-plaintiff and class action litigation.

Read our TCPA Blog

Our Attorneys

Nicholas Agnello
Associate ~ Ft. Lauderdale, Florida|
(954) 414-6202
(954) 414-6201
Nicholas
W. Michael Atchison
Counsel ~ Birmingham, Alabama|
(205) 458-5168
(205) 278-5842
Bryan Balogh
Partner ~ Birmingham, Alabama|
(205) 458-5469
(205) 278-9764
Bryan
Bret Beldt
Associate ~ Atlanta, Georgia|
(404) 685-4339
(404) 214-7946
Bret
Gennifer Bridges
Associate ~ Orlando, Florida|
(407) 540-6687
(321) 249-0722
Gennifer
Stephen Bumgarner
Partner ~ Birmingham, Alabama|
(205) 458-5355
(205) 244-5611
Stephen
Martin Burke
Partner ~ Birmingham, Alabama|
(205) 458-5447
(205) 244-5613
Martin
Rachel Cash
Associate ~ Birmingham, Alabama|
(205) 458-5483
(205) 244-5646
Rachel
John Chiles
Partner ~ Ft. Lauderdale, Florida|
(954) 414-6203
(954) 414-6201
John
Michael Choy
Partner ~ Birmingham, Alabama|
(205) 458-5364
(205) 244-5616
Michael
Edward Cotter
Partner ~ Birmingham, Alabama|
(205) 458-5130
(205) 244-5725
Edward
Benjamin Coulter
Associate ~ Birmingham, Alabama|
(205) 458-5420
(205) 458-5643
Benjamin
Bess Creswell
Partner ~ Mobile, Alabama|
(251) 345-8245
251-706-2415
Bess
Emily Dennis
Associate ~ Nashville, Tennessee|
(615) 724-3217
(615) 724-3317
Emily
Matthew Devine
Associate ~ Orlando, Florida|
(407) 540-6679
(407) 386-3457
Matthew
David Elliott
Partner ~ Birmingham, Alabama|
(205) 458-5324
(205) 244-5631
David
Steven Ferrell Jr.
Associate ~ Orlando, Florida|
(407) 540-6674
(321) 249-0743
Steven
Rachel Friedman
Associate ~ Birmingham, Alabama|
(205) 458-5267
(205) 244-5678
Rachel
Bryan Glover
Associate ~ Atlanta, Georgia|
(404) 685-4252
(404) 214-7395
Bryan
Vincent Graffeo
Counsel ~ Birmingham, Alabama|
(205) 458-5333
(205) 244-5721
Vincent
Alexandra Haddad
Associate ~ Tampa, Florida|
(813) 367-5725
(813) 357-3510
Alexandra
James Haltom
Associate ~ Nashville, Tennessee|
(615) 724-3237
(615) 724-3290
James
Gregory Harley
Partner ~ Atlanta, Georgia|
(404) 685-4243
(404) 817-3214
Gregory
Eric Hatten
Partner ~ Jackson, Mississippi|
(601) 709-3442
(866) 443-1581
Eric
Ryan Hebson
Associate ~ Birmingham, Alabama|
(205) 458-5144
(205) 244-5732
Ryan
Chuck Holtz
Counsel ~ Mobile, Alabama|
(251) 345-8223
(251) 344-9696
Chuck
Jacquelyn Hutzell
Associate ~ Birmingham, Alabama|
(205) 458-5181
(205) 244-5642
Jacquelyn
Kwende Jones
Partner ~ Atlanta, Georgia|
(404) 685-4242
(404) 214-7393
Kwende
D. Trey Jordan
Counsel ~ Jackson, Mississippi|
(601) 709-3449
(866) 443-1578
D. Trey
Ben Katz
Associate ~ Ft. Lauderdale, Florida|
(954) 414-6209
(954) 414-6201
Ben
John Kearns
Associate ~ Atlanta, Georgia|
(404) 685-4251
(404) 214-7935
John
Richard Keller
Partner ~ Birmingham, Alabama|
(205) 458-5323
(205) 244-5664
Richard
Justin Kelly
Associate ~ Birmingham, Alabama|
(205) 458-5452
(205) 244-5610
Justin
Kermit Kendrick
Partner ~ Birmingham, Alabama|
(205) 458-5393
(205) 244-5665
Kermit
John Lassiter
Partner ~ Jackson, Mississippi|
(601) 709-3432
(866) 443-1583
John
Alan Leeth
Partner ~ Birmingham, Alabama|
(205) 458-5499
(205) 244-5670
Alan
Christopher Linde
Associate ~ Orlando, Florida|
(407) 540-6614
(407) 641-8961
Reid Manley
Partner ~ Birmingham, Alabama|
(205) 458-5439
(205) 244-5675
Reid
Christopher Meyer
Associate ~ Jackson, Mississippi|
(601) 709-3455
(601) 355-5150
Zachary Miller
Associate ~ Birmingham, Alabama|
(205) 458-5250
(205) 244-5615
Zachary
Matthew Mitchell
Partner ~ Birmingham, Alabama|
(205) 458-5317
(205) 244-5748
Matthew
Seth Muse
Associate ~ Birmingham, Alabama|
(205) 458-5395
(205) 714-6888
Seth
John Nefflen
Counsel ~ Nashville, Tennessee|
(615) 724-3219
(615) 724-2219
John
Courtney Oakes
Associate ~ Ft. Lauderdale, Florida|
(954) 414-6213
(954) 660-2567
Courtney
Christine Parrish
Partner ~ Orlando, Florida|
(407) 540-6627
(407) 641-9741
Christine
Joshua Plager
Associate ~ Ft. Lauderdale, Florida|
(954) 414-6218
(954) 660-2569
Joshua
Thomas Potter, III
Partner ~ Nashville, Tennessee|
(615) 724-3231
(615) 724-3331
Thomas
Robert Rutherford
Partner ~ Birmingham, Alabama|
(205) 458-5286
(205) 458-5100
Robert
Daniel Snyder
Associate ~ Birmingham, Alabama|
(205) 458-5417
(205) 244-5652
Daniel
Frank Springfield
Partner ~ Birmingham, Alabama|
(205) 458-5187
(205) 244-5707
Frank
Megan Stephens
Associate ~ Birmingham, Alabama|
(205) 458-5289
(205) 714-6893
Megan
Shea Sullivan
Partner ~ Atlanta, Georgia|
(404) 685-4268
(404) 214-7924
Shea
Brendan Sweeney
Associate ~ Ft. Lauderdale, Florida|
(954) 414-6210
(954) 660-2565
Brendan
Jonathan Sykes
Associate ~ Orlando, Florida|
(407) 540-6636
(407) 264-8942
Jonathan
Laura Tanner
Associate ~ Tampa, Florida|
(813) 367-5758
(813) 357-3558
Laura
Jordan Teague
Associate ~ Birmingham, Alabama|
(205) 458-5488
(205) 244-5723
Jordan
Ryan Thompson
Associate ~ Birmingham, Alabama|
(205) 458-5397
(205) 714-6979
Ryan
Joshua Threadcraft
Partner ~ Birmingham, Alabama|
(205) 458-5132
(205) 413-8701
Joshua
Rik Tozzi
Partner ~ Birmingham, Alabama|
(205) 458-5152
(205) 278-6948
Rik
Bradley Vance
Partner ~ Jackson, Mississippi|
(601) 709-3456
(866) 443-1582
Bradley
Kristen Watson
Associate ~ Birmingham, Alabama|
(205) 458-5169
(205) 458-5100
Kristen
Amanda Wilson
Associate ~ Atlanta, Georgia|
(404) 685-4273
(404) 214-7933
Amanda
Ricardo Woods
Partner ~ Mobile, Alabama|
(251) 345-8257
(251) 344-9696
Ricardo
Jennifer Ziemann
Associate ~ Atlanta, Georgia|
(404) 685-4336
(404) 214-7959
Jennifer

Experience Matters

Brief sentence defining representative matters.

  • FCCPA Claims

    On appeal, obtained per curiam affirmed (PCA) opinion upholding a judgment in the national creditor client's favor, denying the award of attorney fees on an FCCPA claim.
  • Foreclosure

    Represented Alabama Improvement District in suit for injunction by developer of mixed-use property in order to prevent foreclosure by District. Injunctive relief denied.
  • Foreclosure Matters

    Handled foreclosures of real property from start to finish for a number of national and regional lenders.
  • Litigation

    Represented loan servicing agent in several actions filed by borrowers alleging several causes of action related to mortgage debt, including one brought by borrower arising from handling of plaintiff's loan, including but not limited to the failure to pay property taxes from escrow funds which resulted in tax sale of plaintiff's property.
  • Foreclosure Matters

    By bench trial, confirmed several non-judicial foreclosure sales of commercial properties and vacant tracts of land for a number of national and regional banking clients, obtained judgments for the deficiencies due on the loans at issue, and collected said judgments.

RESOURCES