As co-chair of the firm’s consumer financial services litigation practice, Eric Hurwitz leads a 35-lawyer team in defending financial institutions from claims arising out of nearly every type of consumer and commercial financial product. Eric is well versed in defending both single-plaintiff and class action lawsuits against banks, mortgage lenders and servicers, student lenders, credit card companies, auto finance companies, debt collection companies and other financial services institutions. Eric is also the partner-in-charge of the firm’s Cherry Hill office.
In his role as financial services litigation co-chair, Eric assists clients in litigation and counseling in matters involving nearly every type of consumer and commercial financial product, including mortgages, auto finance products, student loans, credit cards and personal loans. Eric litigates both single-plaintiff and class action cases in federal and state trial and appellate courts, and handles mediations and arbitrations, both regionally and throughout the United States. His experience spans a wide range of state and federal statutory laws, including the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA) and Telephone Consumer Protection Act (TCPA), as well as state unfair trade practices laws. Eric also defends banks from claims involving converted, forged and altered checks under the Uniform Commercial Code, as well as claims under the Electronic Fund Transfer Act.
Eric also represents clients in resolving title insurance disputes, tax liens, contested lien priorities and bankruptcy-related claims including alleged stay and discharge violations.
In his practice within the insurance industry, Eric defends insurers in coverage disputes, including property casualty, flood, disability and life insurance claims.
Eric also regularly counsels clients on compliance with state and federal consumer finance laws, including in-house trainings and CLE programs.
Eric believes in early case assessment consistent with the client’s objectives, realizing that there is no one-size-fits-all answer to litigation. He aims to truly understand the client’s business goals to provide tailored advice built through trust and personal connection.
Featured Representative Matters
Obtained voluntary dismissal in putative class action complaint alleging that a title company systemically overcharged for notarial services.
Obtained favorable opinion dismissing a putative Virginia class action alleging that a homebuying company violated the TCPA by sending text messages to individuals listed on the federal Do-Not-Call list.
Obtained summary judgment awards on behalf of mortgage servicers from consumer claims based on predatory lending; lack of standing to foreclose; and violations of TILA, RESPA and state unfair trade practices laws.
Secured summary judgment award in an action filed against a "write-your-own" flood insurer based on the failure to comply with proof-of-loss policy provision, and obtained affirmance by the U.S. Court of Appeals for the Sixth Circuit.
Obtained a favorable settlement in a class action lawsuit filed against a debt collection company for alleged violation of the FDCPA based on a purported defective dunning letter.
Resolved claims against credit card companies, mortgage servicers and auto finance companies for alleged violations of the FCRA.
Retained as counsel to assist a mortgage servicer with revisions to nationwide foreclosure affidavits, and assisted with client training on best practices for affidavit review and notarization.
Settled action filed by the U.S. Department of Housing and Urban Development against a mortgage servicer for alleged discrimination against pregnant loan applicant in violation of the Equal Credit Opportunity Act.
Obtained dismissal of class action claims filed against an auto finance company based on allegedly wrongful repossession notices and practices.
Memberships
Member, Conference on Consumer Finance Law
Member, American Financial Services Association
Member, Members' Attorney Program, ACA International
Member, Consumer Financial Services Committee, American Bar Association
Member, Steering Committee for Commercial Litigation Committee, Defense Research Institute
President, Congregation Kol Ami, Cherry Hill, New Jersey
Featured Speaking Engagements
Moderator, “Policy, Regulation & Governance: The One Big Beautiful Bill Act and the New Federal Order,” iiBIG Education, Finance & Loan Symposium
Presenter, “Understand the Rules and Legal Issues Pertaining to Unauthorized and Fraudulent Endorsements,” Lorman Educational Services
Presenter, "FDCPA Updates and Hot Topics 2024," National Business Institute
Moderator, "NFIP Legal Issues," National Flood Conference
Presenter, “The Latest in Foreclosures and Loan Modifications,” Rossdale CLE
Presenter, “Collection Ethics: Knowing Your Ethical Obligations When Collecting Consumer Debts,” Lorman Education Services
Presenter, “Process Improvement and Automation – Start with Why,” Corporate Counsel Business Journal
Presenter, “Current Trends in Contested Foreclosure Litigation,” MyLaw CLE
Presenter, “FDCPA & Regulation F: An Overview of Debt Collection Rules,” Lorman Educational Services
Presenter, “Telephone Collections: Do’s and Don’ts,” Lorman Educational Services
Moderator, “Higher Education Regulatory Roundtable,” Education Finance & Law Symposium
Presenter, “Key Litigation Developments and Trends Under the FCRA,” American Financial Services Association’s Winter Committee Meeting
Presenter, “Lending, Payments and the Importance of Quality Customer Service,” Lorman Educational Services
Presenter, "Credit Card Collections: Best Practices," Lorman Educational Services
Presenter, “Industry Experts Reveal Their Secret Case Management Best Practices,” Corporate Counsel Business Journal
Presenter, “Lessons Learned from Recent TCPA Settlements, Ongoing Ambiguities Over the Definition of an Auto Dialer, and What Servicers Can Do to Mitigate Liability,” American Conference Institute’s National Forum on Residential Mortgage Regulatory Enforcement & Litigation
