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.
Feinstein v. LexisNexis Risk Solutions
(S.D. Cal.) Won motion for summary judgment for a consumer reporting agency defendant in putative class action alleging that driving histories prepared by state departments of motor vehicles are “consumer reports” under the FCRA. (2015)
Heaton v. Social Finance, Inc.
(N.D. Cal.) Representing lender in putative class action alleging violations of the FCRA in obtaining consumer reports. (Pending)
Sweet v. LinkedIn Corporation
(N.D. Cal.) Won motion to dismiss in putative class action alleging reference search function is a “consumer report” under the Fair Credit Reporting Act (FCRA). (2015)
State Attorneys General v. Capital One Bank (USA) N.A.
Settled suits by the attorneys general of Hawai’i, Mississippi, and New Mexico regarding the marketing of debt cancellation agreements for credit cards. (2014)
Giddiens v. LexisNexis Risk Solutions
(E.D. Pa.) Settled class action regarding procedures used in preparing criminal background screening reports. (2014)
Karrigan v. DataX
(N.D. Cal.) Won summary judgment for defendant in action alleging consumer reporting agency supplied consumer report to fraudulent debt collector. (2014)
Yarger v. ING Direct
(D. Del.) Settled class action alleging misrepresentations in connection with marketing of mortgages. (2014)
Berry v. Reed Elsevier Inc.
(E.D. Va.) Settled class action with 100 million+ person class regarding characterization as a “consumer report” under the 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 for defendant in consumer class action challenging array of business practices regarding subprime credit cards. (2007)
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)