UDAP Litigation Against Financial Institutions: Emerging Theories and the Foreclosure Documentation Crisis

Defense Strategies for Individual, Class Action and State AG and FTC Enforcement Actions

50-state AG group investigating foreclosure practices and dozens of foreclosure class actions already filed

Recording of a 90-minute premium CLE webinar with Q&A

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Conducted on Tuesday, November 30, 2010

Recorded event now available

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Course Materials

This CLE course will provide counsel to banks and financial institutions with an analysis of emerging trends in consumer protection litigation under state and federal UDAP statutes, including the recent state AG investigations and class actions over the foreclosure documentation crisis.


State and federal Unfair and Deceptive Acts or Practices (UDAP) laws are broad tools for plaintiffs and state attorneys general in suits against financial institutions. With the easing of federal preemption post-Cuomo v. Clearinghouse, and the Dodd-Frank Act, such litigation is increasing.

Countrywide recently settled a $108 million dollar suit by the FTC that alleged unfair and deceptive loan servicing fees. A current California class action suit against Chase alleges flaws in loan modification agreements; a similar suit against Chase in Illinois prompted an AG investigation.

In mid-October all 50 state attorneys general announced investigations into foreclosure documentation practices of a number of large loan servicers. Since then, dozens of foreclosure class actions have been filed under varying statutes and theories with UDAP claims featuring prominently among them.

Listen as our authoritative panel of financial services attorneys discusses recent trends in UDAP litigation, the evolving nature of the preemption defense, and the first wave of AG enforcement actions and class action lawsuits in the wake of the foreclosure documentation crisis.



  1. Overview of litigation trends
    1. Emerging factual theories
    2. Injury/reliance/causation
  2. Preemption in the wake of Dodd-Frank
  3. Class certification developments
  4. State attorney general and FTC enforcement actions


The panel will review these and other key questions:

  • Where are the UDAP cases being filed and what are the emerging factual theories?
  • What has been the impact of the Dodd-Frank Act on the preemption defense?
  • How does the burden of proof differ in a state AG enforcement action than a private lawsuit?
  • What are the various theories and damages sought in the recent spate of class action suits filed in the wake of the foreclosure documentation crisis?


Christopher J. Willis
Christopher J. Willis

Rogers & Hardin

He has experience in a wide variety of complex litigation, including consumer financial services class actions,...  |  Read More

Frank A. Hirsch
Frank A. Hirsch

Alston & Bird

He practices in business litigation with emphasis on class actions in the financial services and insurance industries,...  |  Read More

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