Joy Harmon Sperling

Representation of a mortgage servicer in a suit brought in the Queens County Supreme Court, New York, which was removed to the Eastern District of New York, by borrowers who alleged violations of the TILA, RESPA, HOEPA, as well as New York Banking law; obtained a dismissal of all claims, pursuant to Fed. R. Civ. Proc. 12(b)(6), prior to the commencement of discovery. Successfully argued for affirmance of the district court's judgment on appeal to the Second Circuit

Representation of a bank in a suit brought in the District Court of New Jersey by a customer who alleged violations of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, and TILA, as well as common law claims of negligent infliction of emotional distress and breach of fiduciary duty; obtained a dismissal of all claims, pursuant to Fed. R. Civ. Proc. 12(b)(6), prior to the commencement of discovery

Representation of a mortgage servicer and trustee in a suit brought in the Queens County Supreme Court, New York, which was removed to the Eastern District of New York, by borrowers who sought to prevent collection and enforcement of an approximately $2.5 million home mortgage, claiming that the mortgage servicer lacked any right to pursue collection of the mortgage because the mortgage had been consolidated and assigned by means of robo-signing, fraud and the improper involvement of Mortgage Electronic Registration Systems, Inc. and also alleged claims under the TILA; we moved for summary judgment prior to engaging in any substantive discovery, plaintiffs opposed our motion and filed a cross-motion for summary judgment, and the court granted our motion for summary judgment in its entirety, and denied the plaintiffs' cross-motion for summary judgment in its entirety; subsequent motion for reconsideration filed by the plaintiffs was denied and an appeal was dismissed by the plaintiffs

Representation of a mortgage lender in a suit brought in the Eastern District of Pennsylvania by borrowers who alleged violations under the TILA as well as common law claims. After a three day bench trial, we obtained a dismissal of the claims pursuant to Fed. R. Civ. Proc. 52(c). The Third Circuit affirmed the dismissal by order dated October 7, 2011.

Representation of a bank in a suit brought in the Superior Court of New Jersey by a customer who claimed that she was entitled to damages as a result of her attempted deposit of two counterfeit checks. We obtained a dismissal of the Amended Complaint on a motion to dismiss, which dismissal was affirmed by the New Jersey Appellate Division

Representation of a bank that made motor vehicle loans in the settlement of a statewide class action suit pending in the Superior Court of New Jersey, Hunterdon County, alleging claims under certain New Jersey laws including the Uniform Commercial Code (N.J.S.A. 12A:9-102 et seq.), the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.), and the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (N.J.S.A. 56:12-14 et seq.)

Representation of lenders and collection agencies in individual actions involving claims under the TILA, the Fair Billing Practices Act, the Fair Credit Reporting Act (FCRA), and the FDCPA

Representation of lender in the landmark case in New Jersey that resulted in the first reported decision rejecting the imposition of a fiduciary duty on a lending bank in its relationship with a borrower, and in a precedent-setting truth-in-lending case

Representation of credit card companies in actions under the FCRA in numerous actions by cardholders brought in the state and federal courts in New Jersey and New York

Representation of a collection agency in a suit brought by a debtor alleging violations by the defendant of the FDCPA. We obtained a dismissal of the complaint, pursuant to Fed. R. Civ. P. 12(b)(6)

Representation of a collection agency and creditor in a suit brought by a debtor alleging violations of the FCRA. We obtained summary judgment, which decision was affirmed by the Second Circuit