As a member of the firm's Consumer Financial Services Litigation Practice, Mr. McGarry has defended against putative state and nationwide class actions and multi-district class actions around the country. These cases typically arise under the Truth in Lending Act (TILA), the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), the Real Estate Settlement Procedure Act (RESPA), fair lending and anti-discrimination statutes such as the Equal Credit Opportunity Act (ECOA) and the Fair Housing Act (FHA), as well as state and federal unfair and deceptive trade practices acts, the Bankruptcy Code and predatory lending statutes.
Some of Mr. McGarry's recent cases include acting as lead counsel in a variety of nationwide class actions challenging various loan servicing and loan modification practices, including the largest multi-district litigation challenging servicer practices under the Home Affordable Modification Program (HAMP), representing national banks and mortgage lending companies in fair lending and predatory lending-based class actions, in private and state Attorney General lawsuits challenging subprime or "unfair" lending practices and in consumer class actions challenging the propriety of foreclosure documentation practices. He has represented national banks and lenders in lawsuits brought by various municipalities across the country based on a number of statutes and common law liability theories.
Mr. McGarry also provides advice and litigation-avoidance counseling to a variety of banks, credit card issuers and other consumer and commercial lenders, and has been involved in various client internal and government investigations.