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Jim McCabe

Partner
San Francisco, (415) 268-7011
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Berry v. Reed Elsevier Inc.
(E.D. Va.). Settled class action with 100 million+ person class regarding characterization as a “consumer report” under the Fair Credit Report Act (“FCRA”) of reports sold by defendant as non-consumer reports. (2013)
Teagle v. LexisNexis Screening Solutions Inc.
(N.D. Ga.). Settled FCRA class action regarding alleged errors in criminal background screening reports. (2013)
Liberi v. Reed Elsevier Inc.
(C.D. Cal.). Won summary judgment in case alleging that a person locator report was a “consumer report” under the FCRA. (2012)
Cazier v. HD Supply, Inc.
(S.D. Cal.). Settled on an individual basis putative class action regarding adverse action notices under the FCRA. (2011)
State of West Virginia v. Capital One Bank
(Mason County, W. Va.) Settled Deceptive Trade Practices Act against credit card issuer challenging multiple credit card practices. (2011).
Adams v. LexisNexis Risk & Information Analytics Group Inc.
(D.N.J.). Following vigorous motion practice, settled on an individual basis a putative FCRA class action in which the class definition embraced tens of millions of consumers. (2010)
Van Slyke v. Capital One Bank
(N.D. Cal.). Won summary judgment on behalf of Capital One Financial Corp. in consumer class action challenging array of business practices regarding subprime credit cards. (2007)
Hatch v. Capital One
(Minn. Dist.). Represented Capital One in an Attorney General action alleging violations of Minnesota unfair competition law. (2006)
Anderson v. Capital One Bank
(W.D. Wis.). Defeated class certification and obtained partial judgment on pleadings in class action under the Fair Credit Reporting Act and the Equal Credit Opportunity Act.  Anderson v. Capital One Bank, 224 F.R.D. 444 (W.D. Wis. 2004).
Barnes v. Mellon Mortgage Co.
(State Court, San Francisco). Won summary judgment and defeated nationwide class certification in consumer class action for Mellon Bank, N.A. regarding reconveyance of deeds of trust. (2006)
Fisher v. Finance America LLC
(C. D. Cal.). Successfully negotiated a nationwide settlement of a challenge under FCRA regarding firm offers of credit to a 17 million member class. (2008)
Syran v. LexisNexis; Witriol v. LexisNexis
(S. D. Cal.). Successfully negotiated settlement of class action by recipients of data breach notification letter alleging claims arising under FCRA and numerous state law claims. (2006)
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