Capital One Bank (USA), N.A.
We won summary judgment in favor of Capital One, a major credit card issuer, on all claims in putative nationwide class action. Plaintiffs sought restitution of late payment and overlimit fees assessed on millions of subprime credit cards over a period of four years. After extensive briefing and argument, the court dismissed the Consumer Legal Remedies Act claim, splitting with contrary opinion issued by another judge in same district. Capital One then obtained summary judgment on the remaining claims, demonstrating that its practices were neither unfair nor deceptive. The court also denied plaintiff's motion for leave to amend to assert new allegations.
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In re Credit Card Default Interest Rate Litigation
We represented a national bank client in a nationwide class action alleging violations of Truth In Lending Act, Consumer Legal Remedies Act, and Delaware Consumer Fraud Act. We won a motion to dismiss complaint, that later was affirmed by the Ninth Circuit.
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In re Currency Conversion Fee Antitrust Litigation
We are representing a major financial institution in a class action brought by a class of all credit and debit cardholder alleging that Visa, MasterCard, and the largest card-issuing banks conspired to fix and conceal foreign currency fees in violation of the antitrust laws, the Truth in Lending and Electronic Fund Transfer Acts, and various state laws. In October 2009, the U.S. District Court for the Southern District of New York gave its final approval of the proposed settlement.
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In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation
We are representing a major financial institution in an MDL proceeding that consists of a class action brought on behalf of every merchant in the United States who accepts Visa and MasterCard payment cards alleging price-fixing and tying claims, and more than 10 actions by a number of large merchants making parallel claims. Fact discovery is complete. Motions to dismiss and motions for class certification are pending. We also are representing the same financial institution in several other payment card antitrust cases.
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NAACP v. Ameriquest, et al.
We have taken the lead for a joint defense group on behalf of Washington Mutual and Chase in a nationwide class action involving 16 home lenders alleging systemic discrimination against African-American borrowers. This case seeks to enjoin foreclosures against African-American borrowers, and to impose sweeping changes on industry practices.
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Syran v. LexisNexis and Witriol v. LexisNexis
We defended class actions by recipients of data breach notification letters alleging claims arising under FCRA and numerous state law claims.
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