About

Experience. Value. Results.

 

an open letter to clients

An open letter to clients from the firm's principal and founder, Mark E. Rooney:

My vision for this firm is simple—to provide top-tier client service to banks, loan servicers, debt collectors, credit reporting agencies, and other financial services companies facing consumer lawsuits, at a value price point.  

The firm’s focus is on the defense of consumer lawsuits arising under the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA), Fair Housing Act (FHA), Equal Credit Opportunity Act (ECOA), and other similar federal and state laws.  While most of these cases are filed by consumer plaintiffs in the first instance, I also defend banks and mortgage servicers against counterclaims filed in the judicial foreclosure context. 

The firm is organized around three main tenets—experience, value, and results.  

Experience.  I conceived this firm after spending 12 years in two consumer financial services practices at large law firms, where I primarily engaged in motions practice and discovery management.  When it comes to consumer financial services litigation, I’m the guy who gets things done.  I also defended banks and other financial services companies in investigations and enforcement actions brought by the CFPB, DOJ, and various state attorneys general, and provided compliance counseling relating to fair lending, fair credit, vendor management, and other issues.  I bring all these experiences to bear as your litigation counsel.  

Value.  In recent years I noticed that while the demand for large law firm expertise remains compelling, clients long for a simpler, leaner, and less expensive approach to resolving consumer litigation.  In the legal services industry, however, change happens slowly.  It’s been over nine years since a prominent lawyer insisted “this is the time to get rid of the billable hour.”  And yet few firms have done it.  

I strongly encourage flat fee arrangements.  My flat fees are determined on a per-case basis in light of the complexity of the complaint, the amount of time required to respond to it, and my hourly rate.  More important, the basis for any flat fee is a frank discussion about the aims and scope of the representation.  I firmly believe that both lawyer and client benefit from the result—transparency, predictability, and comity when it comes to billing.  

Results.  I’m not here to work on your case, I’m here to resolve it.  As the number of consumer lawsuits grows, banks and other financial services companies find themselves defending their business from multiple attacks in courts across the country.  From the client’s perspective, each case increases risk and has the potential to disrupt business operations.  Clients can and should fight back, and I’m always prepared to engage in protracted litigation, if necessary, which may deter additional suits or establish favorable case law.  But many consumer cases can be swiftly resolved, either through a negotiated settlement, dismissal, or summary judgment.  I work with my clients to assess each complaint and to present strategic options for resolving cases favorably.  

Finally, I believe that the practice of law requires a human touch.  As a solo practitioner, my goal is to provide exceptional client service by being accessible, candid, and professional in all my client engagements.  I look forward to hearing from you and continuing a long and mutually beneficial relationship.  

Sincerely,
Mark E. Rooney

 

PRINCIPAL & FOUNDER

Mark E. Rooney

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Mark E. Rooney, attorney at law, is the principal and founder of The Rooney Firm PLLC.  His practice centers on the defense of consumer litigation under the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA), and other consumer protection laws. 

Mark also has represented numerous financial institutions in civil litigation and government investigations involving the Fair Housing Act (FHA), Equal Credit Opportunity Act (ECOA), Truth in Lending Act (TILA), and the False Claims Act (FCA), often relating to mortgage origination and servicing practices.  He has extensive experience defending banks in FHA cases brought by municipalities seeking generalized damages from foreclosures and has defended against counterclaims filed in connection with foreclosures.

Mark is a member of the Mortgage Bankers Association and ACA International, and currently serves as co-chair of the American Bar Association’s subcommittee on FDCPA and TCPA litigation.

Before opening his own firm, Mark represented clients in litigation and defended clients against government enforcement actions and investigations for over 10 years at two prominent consumer financial services practices in Washington, DC. 

A native Hoosier, Mark maintains deep connections to the Midwest and is licensed to practice in numerous federal courts in Indiana, Illinois, and Michigan.  Mark received his J.D. (magna cum laude, Order of the Coif) from the University of Miami School of Law, where he was the Senior Articles Editor of the University of Miami Law Review and a teaching assistant in constitutional law.  He earned his B.A. from Syracuse University (cum laude).  Before law school, he served as a press secretary on Capitol Hill for over three years and as a manager of the Salt Lake 2002 Olympic Torch Relay.

 

Affiliations & Leadership

• Member, Mortgage Bankers Association
• Member, ACA International
• Member, American Bar Association (ABA), Section of Litigation
• Member, ABA Committee on Consumer Finance Litigation
• Co-Chair, ABA Subcommittee on FDCPA & TCPA Litigation
• Member, ABA Committee on Pre-Trial Practice and Discovery
• Capital Pro Bono High Honor Roll, 2017
• Capital Pro Bono Honor Roll, 2016

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Publications & Appearances

Article: Supreme Court Weighs Application of FDCPA to Non-judicial Foreclosures, Mortgage Bankers Association Insights (Jan. 21, 2019).

Panelist:  American Bar Association—Section of Litigation Roundtable, The Evolving Definition of an Automatic Telephone Dialing System under the TCPA (Dec. 11, 2018).

Article:  The Evolving Definition of an Auto-dialer under the TCPA, American Bar Association—Consumer Litigation Committee (Dec. 6, 2018).

Article:  CFPB Issues Rule regarding Payday, Title, Deposit Advance, and Certain Other Installment Loans, Thompson Reuters—Westlaw Journal of Bank & Lender Liability (Oct. 30, 2017).

Article:  Fate of Municipal-Plaintiff FHA Suits in Justices’ Hands, Law360 (June 28, 2016).

Article:  Credit Information Furnishers’ Duty to Investigate under FCRA, Bloomberg Law Reports—Banking & Finance, Vol. 4 No. 8 (2011).

Article:  FACTA:  Will Dodd-Frank Further Expand Consumers’ Control of Their Credit Data?,  Consumer Fin’l Servs. Law Rpt., Vol. 14, Issue 18 (Mar. 16, 2011).

 

Bar Admissions

• District of Columbia
• New York
• U.S. District Court for the District of Columbia
• U.S. District Court for the District of Maryland
• U.S. District Court for the Northern District of Illinois
• U.S. District Court for the Northern District of Indiana
• U.S. District Court for the Southern District of Indiana
• U.S. District Court for the Eastern District of Michigan
• U.S. District Court for the Western District of Michigan

Education

UNIVERSITY OF MIAMI SCHOOL OF LAW
J.D., 2006 (magna cum laude)
• Senior Articles Editor, U. of Miami Law Review
• Member, Moot Court Board
• Fellow, Center for Ethics & Public Service
• Intern, U.S. Magistrate Judge Barry L. Garber
• Order of the Coif

SYRACUSE UNIVERSITY
B.A., 1997 (cum laude)