Clients in the financial services, healthcare, retail, hospitality and other industries work with Waller's consumer litigation defense team to navigate federal and state laws governing how businesses interact with consumers and use and maintain consumer information.
We assist clients in complying with the laws governing consumer rights, defending claims pursued by consumers, and creating compliance programs that will prevent future issues. We have defended hundreds of consumer complaints and class-actions from California to Massachusetts, Illinois to Texas, Mississippi to Delaware.
Clients value our deep understanding of their particular industry and how consumer protection laws impact their businesses. With the exchange of data and information constantly evolving, clients look for our up-to-date knowledge on the implication of consumer-facing laws and the ease with which we navigate these serious and complicated matters.
Areas of experience include:
- Fair Debt Collections Practices Act: The FDCPA is a consumer protection amendment to the Consumer Credit Protection Act, establishing legal protection from certain debt collection practices. We have served as counsel to retailers, banks and healthcare companies in hundreds of matters, including multiple class actions, wherein we argue issues of first impression, develop and guide case law and craft strategies.
- Fair Credit Reporting Act: The FCRA promotes the accuracy, fairness and privacy of information in the files of consumer reporting agencies. Waller's litigation team has handled numerous matters in which litigants seek to raise credit reporting violations as the basis for other federal consumer law, such as the FDCPA and state counterparts.
- Telephone Consumer Protection Act: The TCPA was enacted to prohibit autodialed and/or pre-recorded telephone calls or texts to cellular telephone numbers. We represent clients in a variety of industries - primarily financial institutions - against nationwide TCPA lawsuits, class actions, compliance and best practices involving consent to call or text consumers.
- Americans with Disabilities Act: Congress enacted the ADA in 1990 to ensure that individuals with physical and other disabilities can access "public accommodations," and financial institutions have been affected by the law since its inception. Waller has a long history of defending businesses in class action lawsuits alleging that the businesses have "barriers" that violate the ADA and its regulations - from physical barriers to ATM controls and now websites and mobile apps.