Brian L. Moffet

Represented a finance company in a counterclaim class action in state court on claims arising out of the sale of AD&D insurance in connection with consumer loans.  After substantial motions practice and discovery, the case settled on a class basis on terms favorable to the finance company.

Represented a mortgage company in a state class action asserting claims for violating Maryland lending law in connection with the origination of second mortgage loans.  We successfully defeated class certification and the matter settled shortly thereafter on an individual basis.

Represented a mortgage servicer in litigation alleging violations of the Fair Credit Reporting Act and breach of contract, arising out of publication of derogatory credit information. We obtained summary judgment on all claims and the ruling was affirmed by the U.S. Court of Appeals of the Fourth Circuit.

Represented a national consumer finance company in a class action alleging improper assessment of late fees. We obtained a dismissal of complaints based on improper claims splitting and we were successful in preserving dismissal on order of appeal.

Represented a physician practice group in a federal class action alleging unfair debt collection practices in violation of the Fair Debt Collection Practices Act and the Maryland Consumer Debt Collection Act.  After obtaining dismissal of the class action complaint, the representative plaintiff appealed and during the pendency of the appeal, the parties settled on terms favorable to the defendants and without the physician practice group paying any money.

Represented the largest automobile dealership in Maryland in a deceptive trade practices class action asserting claims arising from the alleged failure to disclose the prior use of a vehicle as a daily rental.  At the close of discovery and just prior to briefing class certification, the parties resolved the litigation on an individual basis.

Represented four defendants who provided back-office servicing to a credit counseling agency in a national consumer class arbitration involving alleged violations of the Credit Repair Organizations Act and a host of consumer protection statutes. Judgment was entered in favor of the class for 2% of the amount initially sought, and the arbitrator denied petitioner’s request for attorneys’ fees in excess of $7.2 million.

Represented several assignees of second mortgage loans in consumer class actions that were removed to federal court involving alleged violations of the Maryland Secondary Mortgage Loan Law. We obtained dismissal of the complaints on the merits and the dismissals were subsequently affirmed on appeal by the Fourth Circuit.

Represented several regional banks in federal class actions asserting claims under Maryland law involving allegedly defective repossession notices.  We successfully settled the claims in each case on a class basis on terms favorable to the banks.