Steve has 20 years of experience representing financial-services, insurance, and other business clients. His focus is in three areas:
- Collecting payment on business contracts, including audited insurance premium and loan enforcement, in civil/bankruptcy court;
- Defending counterclaims arising from contract enforcement; and
- Defending individual and class consumer protection claims, both in court and arbitrations, including claims under:
- Magnuson-Moss Warranty Act
- State Consumer Protection Statutes
Steve manages litigation in these areas throughout the United States. By handling cases through a single source, there are enormous strategic and economic benefits to clients. Among other things, this structure facilitates greater consistency of approach in handling disputes. In using a single firm to handle the litigation across geographic lines—in some cases, working with local firms—it creates institutional knowledge that helps to manage costs and achieve better outcomes.
- Resolved a consumer class action involving an alleged unlawful fee with client paying no damages;
- Obtained an order denying class certification of a proposed 18-state class action involving consumer claims in the title insurance industry.
- Secured Tenth Circuit ruling upholding dismissal of Truth in Lending Act (TILA) claim for failure to timely contest credit card transactions;
- Secured judgment for a financial institution against a debtor asserting defense under Regulation B of the Equal Credit Opportunity Act; and
- Secured summary judgment on a claim that a finance company's collection action constituted a malicious prosecution against the debtor.
- Secured a full judgment of nearly $300,000 in insurance premium in dispute related to an insurance audit over the coding of workers;
- Recovered full subpoena costs incurred by client in having to respond to burdensome subpoena obligations.
- Trial victory in dispute over staffing company fee, in which defendant asserted a counterclaim alleging fraud;
- Secured ruling from the Appellate Division of the Supreme Court of New York upholding dismissal of state consumer protection claim contradicting contractual terms.
Steven M. McCartan, Am I My Brother's Keeper? The Scope of Assignee Liability Under the FTC Holder Rule, The Financial Law Report, Jan. 2010.