Kellen Hade

Kellen is a commercial litigation associate. He works with clients to resolve business disputes in a variety of banking, real estate, media, and technology matters. He represents clients in state and federal courts and in arbitration.

Firm/Organization: Miller Nash Graham & Dunn LLP

Blogs: Bank Law Monitor

Latest Articles

Bank Law Monitor

Reg CC Goes “Paperless”: New Amendments Address Electronic Checks, Remote Deposit Capture, and Other Modern Banking Trends

By Kalin Bornemann & Kellen Hade

November 9, 2017

Regulation CC first became law back in 1992. Yes, that was when Sir Mix-a-Lot was “back” on the top of the charts, audiences were eating up Silence of the Lambs, and bowl cuts were a thing. Times have changed, but oddly Reg CC hasn’t. Since 1992, Reg CC—which governs funds availability and how financial institutions handle check collection and return processes—has stayed mostly the same. But think about how much banking has evolved over the…

Bank Law Monitor

Hold the Phone! The Telephone Consumer Protection Act May Regulate—and Expose You to Liability For—Routine Contact With Customers.

By Kellen Hade

June 28, 2017

The ATM celebrated its golden birthday yesterday. The first one opened on June 27, 1967, at a Barclay’s branch in London, and it’s since become a cornerstone of modern retail banking. Fifty years later, the ATM isn’t the only way that consumers “withdraw” cash from their banks and credit unions. In the United States, plaintiffs’ consumer lawsuits cost the financial services industry billions of dollars each year. And the Telephone Consumer Protection Act is fast…

Bank Law Monitor

Banks Fight Back Against ADA Website Claims

By Kellen Hade

March 16, 2017

What do financial institutions, restaurants, and clothing stores have in common? They’re the most recent targets of demand letters from plaintiffs’ law firms threatening lawsuits because the institution’s website supposedly violates the Americans with Disabilities Act (ADA). These law firms then offer to improve the accessibility of the institution’s website for a hefty fee. They call it “consulting services;” some banks and credit unions see it differently – calling it extortion and fighting back. The…

Bank Law Monitor

Trustee’s Sale Not Subject to the Fair Debt Collection Practices Act, Appeals Court Holds

By Kellen Hade

January 3, 2017

A trustee is not a “debt collector,” so foreclosing a deed of trust is not subject to FDCPA’s restrictions or damages. A federal appellate court held recently that the trustee of a residential deed of trust was not a “debt collector” under the federal Fair Debt Collection Practices Act (FDCPA), because the trustee was enforcing a security interest against the loan’s collateral, not collecting money from the borrower. Ho v. ReconTrust Co., N.A., 840…

Bank Law Monitor

Non-Payee Indorsement Triggers One-Year Limitations Period, Washington Supreme Court Holds

By Kellen Hade & Steve Miller

November 8, 2016

Banks have long been a favorite target for lawsuits when their customers don’t take basic steps to oversee their employees who later bilk the customer for millions of dollars over the course of untold years. Customers often try to hold the bank liable for some nuance in the fraud, like a bookkeeper who issues company checks without signatory authority or an employee who makes an irregular indorsement to cash stolen checks. These claims effectively transform…

Kellen Hade

Reg CC Goes “Paperless”: New Amendments Address Electronic Checks, Remote Deposit Capture, and Other Modern Banking Trends

Hold the Phone! The Telephone Consumer Protection Act May Regulate—and Expose You to Liability For—Routine Contact With Customers.

Banks Fight Back Against ADA Website Claims

Trustee’s Sale Not Subject to the Fair Debt Collection Practices Act, Appeals Court Holds

Non-Payee Indorsement Triggers One-Year Limitations Period, Washington Supreme Court Holds

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