James McNally
- Pittsburgh
- jmcnally@cohenseglias.com
- 412.227.5947
- 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, 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, the Telephone Consumer Protection Act (TCPA), the Fair Credit Extension Uniformity Act, 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.
- 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.
- Successfully defended mortgage lenders and loan servicers against alleged violations of TILA, RESPA and related statutes.
- Represented loan servicers against alleged violations of TILA, and obtained dismissal after receipt of transferred file by employing rescission strategy.
- 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.
- 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.
James represents financial institutions, mortgage loan servicers, collection agencies, and law firms in defending claims, including class action claims, under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Telephone Consumer Protection Act, the Fair Credit Extension Uniformity Act, the Truth-in-Lending Act, the Real Estate Settlement Procedures Act, and the Pennsylvania Unfair Trade Practices and Consumer Protection Law in state and federal courts throughout Pennsylvania.
Clients also turn to James for assistance with regulatory compliance matters, including responding to governmental and regulatory investigations, reviews, and inquiries. 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.
- University of Pittsburgh, J.D.
- Indiana University, B.A.
- Pennsylvania
- 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
- U.S. District Court, District of Maryland
