The cases Mr. McGarry defends typically cover the full spectrum of consumer claims, but arise under any number of federal statutes, including 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 law, other consumer lending statutes and regulations and the common law. His recent work includes:
- Obtaining a complete dismissal of one of the first class actions brought under the RESPA loss mitigation regulations promulgated by the Consumer Financial Protection Bureau (CFPB).
- Obtaining dismissals or defeating class certification in dozens of state and nationwide class actions challenging various loan servicing, loss mitigation and loan modification practices, including the largest multi-district litigation challenging servicer practices under the Home Affordable Modification Program (HAMP).
- Successfully defending national banks and mortgage lending companies in fair lending and predatory lending-based class actions, in private and state Attorney General lawsuits challenging "unfair" lending practices and in fair lending lawsuits brought by various municipalities across the country.
- Successfully representing banks, mortgage lenders and indirect auto finance companies in numerous state Attorney General investigations.
In addition to his litigation practice, Mr. McGarry also provides advice and litigation-avoidance counseling to a variety of banks, credit card issuers, indirect auto lenders and other consumer and commercial lenders, and has been involved in various client internal and government investigations.
