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James McNally

Partner   |   Pittsburgh
Partner   |   Pittsburgh

JAMES MCNALLY is a Partner in the Commercial Litigation and Financial Services Groups at Cohen Seglias Pallas Greenhall & Furman PC. His practice focuses on representing financial institutions, mortgage loan servicers, collection agencies and law firms in defending claims, including class action claims, under the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA), the Fair Credit Extension Uniformity Act (FCEUA), the Truth-in-Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), and the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL), in state and federal courts throughout Pennsylvania.

James assists clients with regulatory compliance matters including responding to governmental and regulatory investigations, reviews and inquiries. In addition, James devotes a significant portion of his practice to representing financial institutions and other creditors in commercial loan workouts including foreclosure actions, commercial litigation, bankruptcy proceedings, equipment auctions, receiverships, documenting workouts, drafting forbearance agreements, and restructuring and modifying loans.

Associations

Experience
  • Represents financial institutions and mortgage loan servicers in defending claims involving the Truth in Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UDAP) and related consumer protection claims in state and federal courts throughout Pennsylvania, as well as responding to governmental and regulatory investigations and inquiries.
  • Represents financial institutions in bankruptcy related defense litigation.
  • Represents creditors, collection agencies and law firms in defending claims (including class action claims) under the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA), the Fair Credit Extension Uniformity Act (FCEUA), and other federal and state statutes, and ensuring regulatory compliance.
  • Represents banks and other creditors in commercial loan workouts that include foreclosure actions, breach of contract actions, commercial litigation, foreclosures, bankruptcy and bankruptcy adversary litigation, property executions and equipment auctions, documenting workouts, drafting forbearance agreements and restructuring and modifying loans.
  • Represented defendants in class action lawsuits based on alleged violations of the FDCPA and TCPA (Gualtieri et al. v. Edwin A. Abrahamsen & Assoc., P.C., Western Dist. of PA, 08-cv-00557; McNulty et al. v. Edwin A. Abrahamsen & Assoc., P.C., Western Dist. of PA, 08-cv-00442; Dawn Hartley-Culp et al. v. Credit Management Company, Middle Dist. of PA, 14-cv-00282; Sergey Khasin et al. v. Credit Management Company, Eastern Dist. of NY, 15-cv-00931; Jeffrey Bittinger et al. v. Credit Management Company, Western Dist. of PA, 15-cv-00762; Sean Bell, et al. v. Southwest Credit Systems, L.P., Western Dist. of PA, 15-cv-00762).
  • Successfully defended mortgage lender and servicer against alleged violations of the TILA, RESPA and the UTPCPL on the basis of Rooker-Feldman Doctrine and Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) (Stewart v. JPMorgan Chase Bank, N.A., 473 B.R. 612 (Bankr. W.D. Pa. 2012) and Stewart v. JPMorgan Chase Bank, N.A. 2013 WL 4041963 (W.D. Pa. 2013)).
  • Successfully defended mortgage lenders and loan servicers against alleged violations of TILA, RESPA and related statutes (Kamara v. Columbia Home Loans, 654 F. Supp. 2d. 259 (E.D. Pa. 2009); Simons v. BNC Mortgage et al., Eastern Dist. of PA, 08-cv-005746; LaSalle Bank, N.A. v. Brown, Philadelphia County, PA, July Term, No. 2008-04357).
  • Represented loan servicers against alleged violations of TILA, and obtained dismissal after receipt of transferred file by employing rescission strategy (LillJohn Builders Inc. v. American Business Credit, Inc., Western Dist. of PA, 01-cv-02062).
  • Successfully defended protracted foreclosure litigation after receipt of transferred file, including several appeals concerning propriety of plaintiff’s voluntary dismissal without prejudice and defendant’s demand for counsel fees (Laurie Duraney v. Washington Mutual Bank, F.A., Allegheny County, PA, GD05-32266, Superior Court of PA, 183 WDA 2007, 929 WDA 2012, Supreme Court of PA, 274 WAL 2013).
  • Represented national financial institution in creating compliance oversight program for all loans in Loss Mitigation Program in the United States Bankruptcy Court for the Western District of Pennsylvania.
  • Assisted national financial institution in creating and implementing best practices and procedures for compliance with Bankruptcy Rule 3002.1 concerning Notices of Payment Change filed in Chapter 13 bankruptcy cases.
  • Represented car dealership in litigation stemming from acquisition of another dealership (ADP Commercial Leasing v. Cranberry Chrysler Jeep, LLC, et al., Butler County, PA, No. 06-10031).  

Education

University of Pittsburgh, J.D.
Indiana University, B.A.

Bar Admissions

Pennsylvania

Court Admissions

U.S. Court of Appeals, Third Circuit
U.S. District Court, Western District of Pennsylvania
U.S. District Court, Middle District of Pennsylvania
U.S. District Court, Eastern District of Pennsylvania
U.S. District Court, Northern District of Ohio