Adam M. Kaplan

Counsel

akaplan@stradley.com

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Overview

Adam M. Kaplan concentrates his practice on complex litigation with a focus on consumer lending and financial services. For more than a decade, Adam has represented financial institutions in matters related to consumer and commercial financial products. He is experienced in defending claims under the Fair Debt Collection Practices Act (FDCPA), Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Credit Reporting Act (FCRA) and Equal Credit Opportunity Act (ECOA), as well as various state unfair and deceptive trade practices laws. Adam also has extensive experience with title and foreclosure litigation. He has been lead counsel in cases at the trial and appellate levels of both state and federal courts.

In addition to his work as a litigator, Adam regularly counsels clients on issues of regulatory compliance and advises on enforcement actions and investigations by the Consumer Financial Protection Bureau and state Attorneys General.

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Focus

Representative Matters

  • obtained summary judgment on novel declaratory judgment claim seeking to invalidate a deed of trust, as well as violations of the FDCPA, Maryland Consumer Debt Collection Act, and Maryland Consumer Protection Act
  • obtained dismissal for mortgage lender of consumer’s claims for fraud, slander of title, quiet title, declaratory judgment, and violations of TILA and RESPA; successfully obtained affirmance of dismissal on appeal
  • secured affirmance of foreclosure when challenged on the basis of the invalidity of the deed of trust, as well as violations of Regulation X concerning loss mitigation procedures; successfully opposed Appellant’s Petition for Certiorari
  • secured dismissal of IIED and conversion claims on behalf of property preservation company
  • represented mortgage servicer in an investigation by the state attorney general’s office and the CFPB into consumer complaints regarding alleged servicing errors
  • favorably resolved litigation against a title insurance company for its failure to tender payment under the policy following an adverse decision in which a secured lien was invalidated
  • secured favorable resolution in defense of high-exposure lead paint cases
  • obtained summary judgment invalidating a fraudulent conveyance of real property and reinstating an erroneously released deed of trust
  • obtained dismissal of declaratory judgment claim seeking to invalidate a deed of trust based on allegations of fraud; obtained affirmance of the dismissal on appeal; successfully opposed Appellant’s Petition for Writ of Certiorari
  • obtained dismissal of consumer’s claims for violation of RESPA, breach of contract, intentional interference with contractual relations, unjust enrichment, negligence, and IIED
  • favorably resolved FCRA claim against regional bank concerning credit reporting of disputed payments
  • obtained dismissal of consumer’s claims alleging violation of DC’s consumer protection laws, TILA, RESPA, as well as fraud, and IIED
  • favorably settled Maryland Consumer Debt Collection Act claim against student loan servicer alleging excessive and harassing debt collection communications
  • favorably settled consumer’s FDCPA claim against automobile finance company
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Credentials

Bar Admissions
  • District of Columbia
  • Maryland
  • Virginia
Court Admissions
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Maryland
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
Education
  • J.D., Rutgers University School of Law – Camden
  • B.A., Northwestern University

News

Speaking Engagements

  • Presenter, “Understanding the FCRA and FACT Act in Collections,” Lorman Education Services
  • Presenter, “FDCPA & Regulation F: An Overview of Debt Collection Rules,” Lorman Educational Services
  • Presenter, “FDCPA After Regulation F,” Consumer Financial Services Conference
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