Eve A. Cann

Won full defense verdict following trial for a nationwide mortgage servicer and lender in a heavily contested TCPA and FCCPA suit, where over 500 calls were at issue and pre-suit demand neared $1 million.

Successfully defeated a claim for the prevailing party attorneys' fees where liability had been determined prior to trial. The jury awarded only $1 in nominal damages, and where prevailing party fee provision contained in contract to which neither party was signatory.

Successfully negotiated resolutions of numerous TCPA lawsuits in which individual consumers alleged having been contacted without prior express written consent by an automated telephone dialing system, when provision of consent and type of telephony used were in dispute.

Successfully negotiated resolution of a putative class action involving claim under the FTSA for alleged violation of Caller ID regulations, involving a dispute as to whether regulations applied to text messages.

Successfully negotiated resolution of numerous FCCPA lawsuits, both involving other consumer protection claims, and FCCPA claims alone, in which the consumer alleged improper contact in an effort to collect a debt, whether based on an alleged violation of a timeframe requirement, collection of a debt that was claimed to be invalid, or improper contact with a consumer represented by counsel.

Successfully secured dismissal of several actions in which consumers had alleged violations of the FCCPA under various grounds on behalf of national mortgage servicers and lenders.

Successfully negotiated resolution of a putative class action involving TCPA and FTSA claims for alleged calls made to consumers in violation of the federal Do Not Call registry, where the number of calls, and the prior express consent to be contacted, were in dispute.

Successfully secured resolution of a commercial lease dispute for a national retail client involving a permanently closed location where lease liability neared $1 million.

Successfully obtained summary judgment in favor of a mortgage servicer on an issue of first impression regarding requirements of the CFPB and duty to review a loan application in conjunction with a set foreclosure sale.

Assisted clients across multiple industries regarding how best to stay compliant with TCPA and other consumer protection practices, when companies engaged in customer outreach programs, including creation of procedures, guidelines, and other training materials to assist in same.

Successfully obtained dismissal with prejudice of a claim against a mortgage servicer for violation of RESPA for failure to provide a substantive response, as required by the statute, to plaintiff's Request for Information regarding her loan account.

Successfully secured the vacating of an order of default against a financial institution, which was premised upon a fraudulent dismissal notice, which improperly attempted to declare the note and mortgage void and unenforceable.

Prevailed in several quiet title suits which improperly sought to have mortgages declared void and unenforceable through the inappropriate application of Florida's statute of limitations on mortgage foreclosures.