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Rita F. Lin

Partner
San Francisco, (415) 268-7466
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Rita Lin’s practice focuses on complex civil litigation with an emphasis on the defense of consumer class actions against financial services companies under the Fair Credit Reporting Act, the Real Estate Settlement Procedures Act, and state unfair practices statutes, including California’s Consumer Legal Remedies Act and Unfair Competition Law.

Ms. Lin has extensively briefed and argued issues under the Federal Arbitration Act and the body of federal laws governing the operations of various federally chartered financial institutions, including the National Bank Act. She has litigated cases involving checking account overdraft fees, captive mortgage reinsurance, mortgage modification programs, credit card late fees, credit card overlimit fees, and payment posting times. Clients have often relied on Ms. Lin to serve as national coordinating counsel in handling complex multi-district litigations and waves of putative class action lawsuits across the country.

Ms. Lin is the Chair of Consumer Financial Services Committee of the California State Bar Association.

Ms. Lin graduated magna cum laude from Harvard Law School in 2003, where she was Articles Editor of the Harvard Law Review and a John M. Olin Fellow in Law and Economics. From 2003 to 2004, Ms. Lin was a judicial clerk for the Honorable Judge Sandra Lynch of the United States Court of Appeals for the First Circuit.

The Recorder named Ms. Lin among its 50 "Fast Track" lawyers for 2012 and The Daily Journal named Ms. Lin to its list of 100 "Top Women Lawyers for 2012."

Parks v. MBNA
Authored amicus brief before the California Supreme Court on behalf of the American Bankers' Association and California Bankers' Association outlining the industry's policy concerns regarding National Bank Act preemption issues. Won a favorable ruling, in which the California Supreme Court quoted the amicus brief at length. Parks v. MBNA America Bank, N.A., 278 P.3d 1193 (Cal. 2012)
Van Slyke v. Capital One Bank
Won summary judgment on behalf of Capital One Financial Corp. in consumer class action challenging array of business practices regarding subprime credit cards. Van Slyke v. Capital One Bank, 503 F. Supp. 2d 1353 (N.D. Cal. 2007) 
In Re Checking Account Overdraft Litigation
Representing U.S. Bank and Capital One in class action, against over 50 other banks, seeking to recover allegedly excessive overdraft fees for charges made to customers' accounts on electronic debit transactions (S.D. Fla. Ongoing)
Capital One Bank (USA), N.A. v. McGraw
Permanently enjoined state Attorney General from issuing or pursuing subpoenas as an improper attempt to exercise "visitorial powers."  Capital One Bank (USA), N.A. v. McGraw, 563 F. Supp. 2d 613 (S.D. W. Va. 2008)
Golinski v. United States Office of Personnel Management
In this landmark victory, Ms. Lin argued and won a ruling declaring the Defense of Marriage Act (DOMA) unconstitutional and holding that discrimination based on sexual orientation should be subject to heightened constitutional scrutiny (2012). Ms. Lin and Morrison & Foerster LLP were awarded the 2012 Bay Area Lawyers for Individual Freedom Service Award for their work on the case. (N.D. Cal).

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