Bryan A. Fratkin

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Bryan co-chairs the firm's consumer financial services litigation practice group. He represents large financial institutions involved in credit card, banking, and mortgage litigation, alleging violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, Servicemembers Civil Relief Act, Truth in Lending Act, Credit Repair Organizations Act, Equal Credit Opportunity Act, Bankruptcy Discharge Injunction and Stay, and state law consumer protection statutes. In several cases brought as putative class actions, he has prevailed on motions requiring arbitration on an individual, non-class basis.

Connect: Read more about Bryan A. Fratkin
Firm/Organization: McGuireWoods LLP
Blogs: Class Action Countermeasures, Consumer FinSights, Subject to Inquiry

Latest Articles

On Jan. 29, 2019, the 9th U.S. Circuit Court of Appeals, in a strikingly broad decision, raised the bar for employers’ compliance with the Fair Credit Reporting Act (FCRA). In Gilberg v California Check Cashing Stores LLC, the court held that an employer violates the FCRA by including, in a pre-background check notice form, information about a job applicant’s rights under various state laws. This decision will require significant revision of many employers’ FCRA…
Case Developments April 12, 2018 – May 1, 2018  In this edition of our Credit Card Litigation update, we summarize a decision out of the Seventh Circuit where the court granted a credit card issuer’s motion to compel arbitration and a decision out of the Sixth Circuit where the Court granted a judgment creditor’s motion to dismiss plaintiff’s claims for violation of the Fair Debt Collection Practices Act. Fuller v. Frontline Asset Strategies, LLC et …
For years, companies doing business in New Jersey have been plagued by an archaic statute— the Truth in Consumer Contract,  Warranty and Notice Act (“TCCWNA,” pronounced Tick-wa-nah)—adored only by consumer class action lawyers.  Among other things, the statute prohibits companies from inserting provisions in their customer contracts and other notices that include harmless phrases like “void where prohibited by law” without also disclosing whether the provision is void in New Jersey.  To be fair, the…
Think you are in compliance with the Servicemembers Civil Relief Act?  Now would be a good time to make sure since the federal government is increasing its enforcement efforts as part of its Servicemembers and Veterans Initiative. The Servicemembers Civil Relief Act (SCRA) is a federal law that provides a wide range of protections to eligible servicemembers.  The law’s purpose is to postpone or suspend certain civil obligations so that members of the Armed Forces…