Mark is counsel in the firm’s Consumer Financial Services Practice Group. Mark’s practice includes representing national, regional and local banks, nonbank lenders, and mortgage servicers in federal and state litigation.
Mark has particular expertise in defending claims under the Fair Credit Reporting Act (FCRA) and Regulation V (Reg V); the Truth in Lending Act (TILA) and Regulation Z (Reg Z); the Telephone Consumer Protection Act (TCPA); the Fair Debt Collection Practices Act (FDCPA) and state law analog statutes; the Real Estate Settlement Procedures Act (RESPA) and Regulation X (Reg X); federal and state Racketeer Influenced and Corrupt Organizations Act (RICO); Articles 2, 3, 4, 9 and 9A of the Uniform Commercial Code (UCC); the Georgia Fair Business Practices Act (GFBPA); and various state versions of the Unfair and Deceptive Trade Practices Act (UDTPA). Mark regularly defends against lender liability claims related to or alleging breach of contract, promissory estoppel, title and lien priority disputes, municipal violations, and matters affecting real estate-owned properties (REO).
Mark represents creditors in proceedings under Chapters 7, 11, and 13 of the U.S. Bankruptcy Code, with a particular focus on the overlap of bankruptcy and consumer protection laws, including claims under the FDCPA and FCRA. Mark also handles adversary proceedings involving stay violations and preference actions.
Mark employs alternative dispute resolution (ADR), including mediation and arbitration, in order to advance his clients’ interests in a cost-effective matter. Mark has successfully counseled clients in cases throughout the U.S., including in matters in Alabama, Arizona, California, the District of Columbia, Florida, Georgia, Maryland, North Carolina, South Carolina, and Tennessee.
While in law school at the University of North Carolina at Chapel Hill, Mark wrote for the North Carolina Banking Institute Journal. Mark also has a master’s degree in geographic information systems and has taught business courses in that field at the college level.
Mark provides analysis and commentary on legal and business developments in the consumer financial services industry through the Consumer Financial Services Law Monitor blog.
Consumer Financial Services Law Monitor
02.01.24
Troutman Pepper Publishes 2023 Consumer Financial Services Year in Review and A Look Ahead
Articles + Publications
02.01.24
Troutman Pepper Publishes 2023 Consumer Financial Services Year in Review and A Look Ahead
Consumer Financial Services Law Monitor
11.08.23
$225,000 Punitive Damages Award Upheld Where Creditor Repeatedly Contacted Customer After Being Notified of Attorney Representation
Consumer Financial Services Law Monitor
10.10.23
Connecticut Banking Regulator Reduces Fine Against Defunct Collection Firm
Consumer Financial Services Law Monitor
09.08.23
FCRA Claim for “Misleading” Double-Reporting of Debt by Original Creditor and Collection Agency Survives Motion to Dismiss
Consumer Financial Services Law Monitor
09.06.23
Washington Federal Court Holds “Vague” and “Conclusory” References to “Reasonable Procedures” Not Enough to Establish FDCPA’s Bona Fide Error Defense