Consumer Litigation

The firm’s consumer litigation lawyers litigate individual and class cases involving debt collection, consumer finance, TCPA violations, illegal repossessions and foreclosures, predatory mortgage loans, illegal loan servicing, defective products, employee wage-payment and overtime rights, mismanaged ERISA funds, and a host of other consumer and employment matters.

Bailey Glasser’s consumer practice was initiated with the landmark settlement of Cummins v. H&R Block. In a case litigated for five years in venues ranging from the West Virginia trial and appellate courts, to federal district courts in West Virginia and Illinois, to the US Supreme Court, our lawyers served as lead counsel in winning a $62.5 million multistate class action settlement against H&R Block. The case involved first-impression claims relating to the application of West Virginia’s credit-services organization statute to Block’s refund anticipation loan product. Other firms across the country litigated cases against Block alleging similar claims, without success, for more than ten years. West Virginia’s share of the settlement was $32.5 million.

Bailey Glasser attorneys work as a team, led by nationally recognized consumer lawyers across the country. The firm’s cross disciplinary approach integrates excellent lawyering, subject matter knowledge, creativity, and cutting-edge technology to solve consumers’ problems.

We successfully litigate cases under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and other federal consumer statutes. We have deep experience resolving matters under the West Virginia Consumer Credit and Protection Act and many other state consumer protection statutes.

 

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• Represented a consumer class resulting in $9 million cash settlement, plus millions of dollars in debt relief, interest rate reductions and credit repair provided as part of the settlement. Dunlap v. Wells Fargo (Circuit Court of Lincoln County, West Virginia)
• Represented a class of borrowers challenging repossession notices in Williams v. American Honda, a case that involved appeals to the US Court of Appeals for the First Circuit and the Massachusetts Supreme Judicial Court; resulted in a reported decision confirming that lenders must give borrowers accurate information about their potential deficiency liability
• Represented a class of purchasers of a generic vitamin supplement who alleged the supplement’s label falsely claimed it was effective in slowing the progression of age-related macular degeneration, resulting in nationwide settlement
• Represented a mortgage loan borrower challenging estimated attorneys’ fees tacked onto their debt in Prescott v. Seterus, a case that involved appeals to the US Court of Appeals for the Eleventh Circuit; resulted in a reported decision strengthening the protections of the Fair Debt Collection Act and its Florida equivalent that lenders cannot charge or collect estimated fees; the precedent set resulted in class action settlements for borrowers charged estimated fees in Bacardi v. Select Portfolio Servicing, Inc., Paneque v. Bank of America, and Shore v. JP Morgan Chase

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