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Litigation
Bricker & Eckler's Consumer Finance litigation attorneys represent a variety of financial institutions, and bring experience in federal and state court consumer finance litigation, bankruptcy litigation, class actions, and litigation management across multiple jurisdictions.
Statutory Claims
Firm attorneys handle consumer financial matters involving the following federal and state statutes:
Federal Statutes
Equal Credit Opportunity Act
Fair Credit Reporting Act
Fair Debt Collection Practices Act
Home Ownership and Equity Protection Act
National Bank Act
Racketeering Influenced Corrupt Organizations Act
Real Estate Settlement Procedures Act
Truth in Lending Act and Regulation Z
State Statutes
Mortgage brokers’ licensure
Consumer mortgage lending statutes
Consumer protection code provisions
Credit insurance statutes
Predatory lending statutes
Unfair or Deceptive Trade Practices Acts
In addition to these statutory causes of action, Bricker & Eckler attorneys also defend
various common law claims frequently asserted in this area, including fraud, negligent misrepresentation,
negligent supervision, illegality of contract, breach of contract, breach of fiduciary duty, breach of an implied
duty of good faith and conversion.
Interface with Bankruptcy Proceedings
The firm’s Consumer Finance and Mortgage Banking Practice Group also includes bankruptcy attorneys to maximize the full range of defenses and litigation options available to clients. Bricker & Eckler's bankruptcy litigators offer experience asserting defenses arising from borrowers’ bankruptcy actions, defending claims brought in adversary proceedings and settling debtors’ claims with bankruptcy trustees. Our bankruptcy attorneys can recognize and understand the interface between consumer financial services litigation and bankruptcy actions, so that clients have the full benefit of the defenses and procedural safeguards available to them regardless of the specific forum in which the claim or matter arises.
Class Actions
The Consumer Finance and Mortgage Banking Practice Group's substantive knowledge of applicable lending regulations, its litigation resources, and its developed local presence make Bricker & Eckler LLP prepared to defend potential consumer finance class actions that may arise from alleged disclosure violations, statutory penalties, credit insurance, and loan servicing, or consumer finance issues.
Amicus Briefs
In its capacity as general counsel to the Ohio Mortgage Bankers’ Association, Bricker & Eckler files
“friend of the court” briefs in Ohio courts in cases affecting the consumer finance industry, including the
following cases:
Ohio Supreme Court regarding state pre-emption of local “predatory lending” ordinances.
Court of Appeals regarding borrower reliance on federal law to void bank attorney fees reimbursement in post-default loan reformation.
More information on our
Consumer Finance Litigation practice.
Regulatory and Compliance
Bricker & Eckler attorneys are experienced in representing companies before the State of Ohio’s primary banking regulatory agency, the Division of Financial Institutions housed within the Ohio Department of Commerce. Our lawyers work with regulators to ensure that the state implements laws passed by the General Assembly in the manner intended by the Legislature, and that the state enforces these regulations in a manner that is reasonable and does not unduly burden the industry.
With this experience as a platform, our attorneys counsel clients on the various applications and interpretations of State banking law and exemptions.
In addition, Bricker & Eckler attorneys represent companies undergoing audits from the Division of Financial Institutions and in administrative hearings the Division conducts.
Legislative Advocacy
Bricker & Eckler attorneys register for clients as legislative and executive agency agents to lobby on behalf of the Ohio Mortgage Bankers’ Association before the Ohio General Assembly and Ohio’s administrative agencies. In that capacity, our attorneys monitor legislative development affecting the lending industry, and spearhead initiatives on behalf of the membership.
To maximize our effectiveness, Bricker & Eckler retains strong relationships with state legislators, staff, and executive agency personnel. Our attorneys work diligently to protect the interests of our clients under the complex issues related to the world of consumer finance and residential mortgage lending.
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