Areas of Practice
Banking & Consumer Finance
Overview
Starnes Davis Florie has a long history of representing every facet of the consumer finance industry in class, mass, and individual actions. In the last year, the firm's attorneys have tried, arbitrated, or handled to conclusion numerous matters involving alleged violations of the FCRA, FDCPA, FCBA, TILA, RESPA, HOEPA, HOLA and state UDTPA, fraud, harassment, and statutory claims. These matters have taken place in many venues, including Alabama, California, New Jersey, Pennsylvania, and Arkansas.
The Banking & Consumer Finances practice group prides itself on early assessment of each case so that every client can make a considered judgment as to the potential risk and cost of litigation. This allows clients to make a well-informed decision and promotes early resolution, either through dismissal or settlement. For example, in one case, the firm investigated allegations against its client in a potential class action, and discovered that the plaintiff was mistaken about the transaction forming the basis of the suit. This resulted in a dismissal before an answer was even filed. This same approach resulted in the dismissal of a bankruptcy class action filed against an auto finance company in bankruptcy court.
A number of companies have retained Starnes Davis Florie as settlement counsel due to the firm's trial experience and commitment to favorable resolution. In these instances, the firm willingly works with primary litigation counsel for the client's benefit.
Furthermore, Starnes Davis Florie is often retained to handle "offensive litigation" on behalf of various consumer financial services clients. Work in this arena includes: enforcing/challenging non-compete covenants, obtaining injunctive relief and damages for violations of state trade secret laws, enforcement of federal trademark laws, breach of contract suits, and pursuing indemnification/third party claims.
The firm's experience and comprehensive understanding of consumer finance law results in extremely effective litigation in this area.
