Consumer Finance & Banking

JORDEN BURT is an active participant in significant litigation for the consumer finance, banking and credit industries. Beginning with the explosion of class action and consumer fraud litigation in the southern states in the 1980s, and continuing today in numerous other jurisdictions, JORDEN BURT has played a leading role in defending national financial institutions against punitive tort litigation in state and federal courts. Our Firm has defended several hundred class actions, as well as high-risk litigation in jurisdictions throughout the United States. Lawyers in this industry group have unsurpassed experience with every conceivable procedure-based legal issue, including removal, arbitration, MDL proceedings, challenges to venue, joinder of parties, jurisdiction, and of course, class certification issues. Our professionals also have extensive knowledge and briefing experience with the legal doctrines and areas of law of particular importance to the credit, consumer, and insurance industries.

JORDEN BURT's Consumer Finance & Banking Industry Group includes lawyers with national reputations and extensive experience in class action defense and complex market conduct and consumer fraud litigation, as well as RICO, ERISA, securities, intellectual property, commercial, creditors' rights, statutory claims including TILA, FCRA, FDCPA, state law claims such as unfair trade practices, bankruptcy, constitutional, and appellate litigation. Members of this industry group have been retained as lead or special counsel to defend significant class actions and other high impact litigation in various jurisdictions across the country and to manage or coordinate inventories of high risk litigation. Our lawyers direct the defense of the litigation, draft all significant pleadings and motions, argue all significant hearings and try the cases as first or second chair depending upon the dynamics of the local venue. JORDEN BURT has also developed an unparalleled network of top local trial lawyers to assist in local hearings, discovery, and trial work.

JORDEN BURT's business and regulatory attorneys regularly represent financial institutions such as banks, consumer finance companies, mutual funds and insurance companies in counseling, auditing and overseeing regulatory activities involving the sale of various investment products such as mutual funds and insurance products, and regarding state, local and federal regulations and operations of affiliated investment advisers and brokerage units. Our lawyers have also defended nationally prominent financial institutions in major ERISA litigation in connection with ERISA audits, compliance, or enforcement actions. Members of this group are also known nationally for their experience and expertise in the creditors' rights and bankruptcy areas.

OUR SERVICES

The Consumer Finance & Banking Industry Group offers a broad range of services including:

• Defense of complex class action litigation in all state and federal courts
• Counseling and defending creditors in connection with federal and state consumer rights statutes
• Counseling and litigation in connection with intellectual property protection and enforcement
• Lender liability defense
• Loan Workouts
• Enforcement of creditors' rights in state, federal and bankruptcy courts
• Arbitration (or alternative dispute resolution procedures)
• Appeals in all state and federal courts of appeal
• Representation in governmental investigations and proceedings involving allegations of money laundering, healthcare or corporate fraud, and other "white collar" criminal activity
• ERISA counseling and defense of trust department functions
• Counseling on development, registration and distribution of securities and insurance products by banks and other financial institutions
• SEC and state securities laws and regulations applicable to investment advisors
• Negotiation and documentation of various agreements with affiliated and third-party entities for services
• Counseling and advising on compliance with anti-money laundering laws and regulations
• Counseling and advising on compliance with OFAC regulations and currency transaction reporting requirements
• Serving as counsel to the independent trustees of industry sponsored mutual funds

REPRESENTATIVE MATTERS

• Bemiller v. J.C. Penney Corp., et al. (M.D. Fla.) (FCRA Complaint voluntarily dismissed with prejudice)
• Dobao v. Credit Protection Association I, Inc., et al. (S.D. Fla.) (dismissal with prejudice of all claims in Fair Credit Reporting Act action)
• Dearmas v. American Express Company, et al. (S.D. Fla.) (dismissal with prejudice of all claims in Fair Credit Reporting Act action)
• Gordon v. Equifax Information Services, LLC, et al. (S.D. Fla.) (dismissal with prejudice of all claims in Fair Credit Reporting Act action)
• Dunlap v. Friedman's, Inc., et al. (Bankr. S.D. Ga.) (decertification of a West Virginia class and ultimate dismissal of case with prejudice)
• Buell v. Direct General Insurance Agency, Inc., et al. (M.D. Fla.) (dismissal with prejudice of a Florida class action for alleged violation of unfair insurance trade practices act; affirmed on appeal)
• Garcia v. Commodore, Inc. (Fla. Cir. Ct.) (settlement and dismissal of FACTA truncation class case)
• Adams v. Southern Farm Bureau Life Ins. Co. (11th Cir.) (enforcement of federal class action settlement judgment under All Writs Act enjoining state court actions)
• Hernandez v. GE Capital Consumer Card Co. (S.D. Fla. and Fla. Cir. Ct.) (defense and settlement of national payment posting class action with 155 million class members against General Electric credit card banks)
• London v. Wal-Mart Stores, Inc., et al. (11th Cir.) (decertification of class action involving credit card insurance program)
• Richardson v. Standard Guaranty Ins. Co. (N.J. Superior Court) (dismissal pursuant to the "filed rate" and "primary jurisdiction" doctrines of state-wide class action alleging common law claims and multiple regulatory violations)
• Frelin v. Oakwood Homes Corp., et al. (Ark. Cir. Ct.) (class certification denied in action by insureds asserting point of sale licensing and fraud claims)
• Dean v. CitiFinancial Services, Inc. (defeated national class action by compelling arbitration of named plaintiff's claims; obtained arbitration award dismissing all of named plaintiff's claims)
• Hammett v. American Bankers Insurance Company of Florida (S.D. Fla.) (class certification denied in action by insureds asserting improper claim handling practices)
• Rosendale v. Chase Mortgage Corp., et al. (N.Y. App. Div.) (dismissal of national class action asserting statutory and common law claims relating to placement of insurance)
• Voyager Insurance Companies v. Whitson (Ala.) (decertification of state-wide class action claiming statutory violations)
• American Bankers Insurance Company of Florida v. Booth (Miss.) (barring all class actions in Mississippi state courts)
• Gras v. First Associates Capital Corp. (N.J. App. Div.) (defeating state-wide class action by compelling arbitration of named plaintiffs' claims)
• Baron v. Best Buy, Inc., et al. (11th Cir.) (defeating state-wide class action by compelling arbitration of named plaintiffs' claims)
• Woodall v. GE Financial Assurance Holdings, Inc. (Fla. Dist. Ct. App.) (dismissal of national class action challenging termination of group insurance policy)
• Jolly v. Citizens Bank of Macon (Ga. Bibb County Ct.) (defeating state-wide class action by compelling arbitration of named plaintiff's claims)
• Voyager Life Insurance Co. v. Hughes (Ala.) (reversing trial court decision that defendants had waived arbitration for all putative class members)
• Jackson v. American Bankers Insurance Company (E.D. La.) (dismissal of statewide class action)
• Eaves v. Assurant, Inc. (W. D. Ky.) (compelling arbitration of named plaintiff's claims)
• Carrier v. American Bankers Life Assurance Company of Florida (D. N. H.) (defeating class certification in a nationwide class action concerning premium refunds)