Consumer Finance Litigation
Balch attorneys have handled hundreds of individual lawsuits and class actions under a wide array of consumer laws. Our experience ranges from serving as lead national counsel on multiple issues for debt buyers to guiding businesses through their first consumer finance dispute. We are strategists and our attorneys have developed case law and argued issues of first impression before courts of all levels. We are also trial lawyers and are among the few law firms who regularly take consumer finance cases to decision and verdict. Knowing how and when to fight or when to settle—and what to settle for—takes judgment and experience, and it is a decision we have helped businesses make hundreds of times.
In defense of our clients, our attorneys regularly litigate and appear in state and federal courts across the nation in the following non-exhaustive list of areas:
Fair Debt Collections Practices Act (“FDCPA”)
We have served as lead national counsel for debt buyers and servicers in hundreds of matters, including multiple class actions, wherein we argue issues of first impression, develop and guide case law, and craft global strategies involving—in one instance—the creation of a circuit split that culminated in a favorable decision for our client by the U.S. Supreme Court.
Telephone Consumer Protection Act (“TCPA”)
Balch attorneys defend financial institutions against nationwide TCPA class actions. We have also advised businesses ranging from electric utilities to small consumer loan lenders on TCPA compliance and best practices.
Fair Credit Reporting Act (“FCRA”)
Our lawyers have shaped the case law regarding FCRA preemption of state law claims and have equally deep experience in defending FCRA claims on their merits. We also have handled numerous matters where litigants seek to raise credit reporting violations as the basis for other federal consumer law, such as the FDCPA and state counterparts.
State Unfair and Deceptive Acts and Practices (“UDAP”)
Through defending consumer finance cases across the country our attorneys have handled matters under numerous states’ unfair trade practices acts.
Consumer Finance Class Actions and Appeals
Our lawyers have argued and represented clients on consumer finance issues before the U.S. Courts of Appeals for the Third, Sixth, Eighth, Ninth, and Eleventh Circuits as well as the U.S. Supreme Court as co-counsel. We regularly handle consumer class actions, obtaining favorable results ranging from voluntary dismissals to law changing and defining decisions.
Balch attorneys have a keen understanding of the intersection of consumer laws and bankruptcy. They regularly advise and defend creditors of all types in connection with bankruptcy filings, contested matters, and adversary proceedings.