Litigation That Matters
Every case is important to the client involved. Some matters also present legal questions whose answers extend beyond a single dispute.
Borison Firm has represented consumers in trials, class actions, and appeals involving significant questions of consumer law. The matters below are representative rather than exhaustive. They illustrate the firm’s experience developing complex cases through motion practice, trial, and appellate review.
LVNV Funding, LLC v. Finch
Certified Consumer Class Action • Jury Trial • Appeals
Borison Firm represented consumers in a certified class action challenging debt-collection activity by an unlicensed collection agency.
The matter proceeded through class certification, extensive motion practice, jury trial, and appellate review. It addressed whether judgments obtained through collection activity conducted without the required Maryland collection-agency license could be enforced and what remedies were available to affected consumers.
Why It Matters
The litigation resulted in published appellate decisions clarifying Maryland collection-agency licensing law and the consequences of collection activity undertaken without the required license. It also demonstrates the firm’s experience taking a certified consumer class action through trial and appeal.
Related Published Decision: LVNV Funding, LLC v. Finch, 463 Md. 586 (2019).
Mortgage Servicing and Foreclosure
Borison Firm has represented homeowners in matters involving mortgage-servicing practices, inspection fees, foreclosure procedures, loan administration, and statutory consumer protections.
Representative Decisions
- Nationstar Mortgage LLC v. Kemp — addressed the application of Maryland’s prohibition on inspection fees to assignees.
- Wells Fargo Home Mortgage, Inc. v. Neal — recognized that noncompliance with FHA servicing requirements may provide a defense in foreclosure proceedings.
These matters helped clarify protections available to Maryland borrowers.
Debt Collection
The firm has handled litigation involving collection-agency licensing, collection of time-barred debt, unlawful collection practices, and remedies under federal and Maryland consumer laws.
Representative Decisions
- Williams v. Ewrit Filings, LLC — addressed whether collecting residential rent for another constitutes collection-agency activity.
- Simmons v. Maryland Management Co. — confirmed the availability of declaratory and injunctive relief concerning collection of time-barred debt.
- LVNV Funding, LLC v. Finch — addressed the enforceability of judgments obtained by an unlicensed collection agency.
Credit Reporting
Borison Firm has represented consumers in matters involving inaccurate or misleading credit reporting, failures to conduct reasonable investigations, furnisher obligations, and resulting consumer harm.
The firm’s credit-reporting work includes individual litigation and matters involving the Fair Credit Reporting Act.
Banking and Consumer Finance
The firm has represented consumers in cases involving the Truth in Lending Act, banking practices, account offsets, consumer-finance charges, arbitration, and statutory remedies.
Representative Decisions
- Lyons v. PNC Bank, N.A. — addressed enforcement of statutory restrictions on a bank’s use of consumer funds.
- Martino v. American Airlines Federal Credit Union — applied Truth in Lending protections in the credit-union context.
- In re Community Bank of Northern Virginia — addressed equitable tolling where borrowers lacked knowledge of improper charges.
- Epps v. JPMorgan Chase Bank, N.A. — addressed federal preemption of claims against a bank acting as an assignee.
Consumer Fraud and Unlawful Business Practices
Borison Firm has represented consumers in litigation involving deceptive business practices, foreclosure-rescue schemes, financial-services misconduct, and related statutory claims.
Representative Decision
- Proctor v. Metropolitan Money Store Corp. — involved the enforcement of civil RICO claims arising from a foreclosure-rescue scheme.
Class Actions
When a common practice affects many consumers in substantially the same way, class litigation may provide an efficient means of resolving common legal issues and obtaining consistent relief.
Borison Firm’s experience includes certified consumer classes, classwide liability proceedings, jury trial, and appellate review.
Representative Decisions
- Bradshaw v. Hilco Receivables, LLC — involved summary judgment on liability in favor of a consumer class.
- LVNV Funding, LLC v. Finch — involved a certified consumer class action tried to a jury and followed by appellate proceedings.
Appeals
Many of the firm’s significant matters have continued through appellate review. The firm’s appellate work has addressed statutory interpretation, licensing requirements, arbitration, consumer remedies, mortgage servicing, limitations periods, and questions of first impression.
The resulting published decisions provide guidance to courts, lawyers, businesses, and consumers.
Explore Published Decisions →
Important Information
The matters described on this page are provided for general informational purposes. They are representative of the firm’s work and are not a complete list of matters handled by Borison Firm.
Past results do not guarantee a similar outcome. Every matter depends on its particular facts and applicable law. Viewing this page does not create an attorney-client relationship and does not constitute legal advice.
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Contact do not guarantee a similar outcome. Every matter depends on its particular facts and applicable law. Viewing this page does not create an attorney-client relationship and does not constitute legal advice.
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