Over the last 27 years, Jim McCabe has defended clients in the financial services industry in more than 100 different class actions and across 29 different states. He focuses his practice on complex civil litigation where he has particular experience handling issues involving consumer financial products as well as consumer reports. Mr. McCabe has defeated class certification many times. He has won critical motions to dismiss and summary judgment motions. Mr. McCabe has also represented employers in discrimination class action cases. For the past five years, Mr. McCabe has represented various LexisNexis and ChoicePoint entities in over forty individual actions and eleven putative consumer class actions arising from the Fair Credit Reporting Act. Mr. McCabe has represented clients throughout the U.S. in multiple state, federal, and appellate courts.
In a vigorously contested case, Mr. McCabe won summary judgment in a putative nationwide class action that challenged the issuance of multiple credit cards to subprime customers. As national coordinating counsel for the MBA, he assisted lender defendants in defeating class certification in more than 60 cases asserting claims under the RESPA that, if viable as class claims, exposed defendants to crippling liabilities.
Mr. McCabe was the founding chair of the firm's Financial Services Litigation Practice Group from 1998 to 2003, having become a partner at the firm in 1991. He first joined Morrison & Foerster in 1982, and until 1985 his practice focused on tax law and tax-related litigation. Between 1985 and 1986, Mr. McCabe was employed with a private real estate syndication company. Since 1986, Mr. McCabe has practiced at Morrison & Foerster exclusively in the area of litigation.
Mr. McCabe has served as a trial skills instructor for the National Institute for Trial Advocacy and for the Stanford University Advocacy Skills Workshop.
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)