Neal Bailen is a Member of the firm and co-chair of the Financial Services Litigation Group. His practice focuses on defending financial institutions in consumer litigation. His clients include some of the nation’s largest auto finance companies, national banks, regional banks, mortgage loan servicers, and self-storage companies. He has extensive experience defending claims for alleged violations of the Real Estate Settlement Procedures Act (RESPA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Truth in Lending Act (TILA), Uniform Commercial Code (UCC), as well as state unfair trade practices laws. Neal regularly represents and advises clients on matters involving loan servicing and origination, mortgage fraud, check fraud, wrongful foreclosure, deceptive trade practice claims, loan repurchase disputes, bankruptcy adversary proceedings, and contentious foreclosure actions.
In addition to a multi-state financial services litigation practice, Neal maintains a significant general litigation practice involving contract disputes, business torts, personal injury, insurance coverage, and professional liability claims. He has been named a Rising Star in the field of business litigation by Indiana Super Lawyers® (2012-17).
Loss Mitigation, Debt Collection, and FDCPA Nuances and Challenges
The Impact of Spokeo and Overcoming Routine Borrower Counterclaims
Enforcement Actions under FDCPA and FCRA
Financial Institutions Litigation Group, Co-chair
In a long-awaited decision, the United State Supreme Court issued a ruling in Facebook, Inc. v. Duguid, No. 19-511, on April 1, 2021, concluding that, to qualify as an autodialer under the Telephone Consumer Protection Act (“TCPA”), a device must have the capacity to use a random or sequential number generator to store or to produce phone numbers.