Mr. Cuthbertson represents financial institutions in complex banking and consumer financial services litigation. His experience includes the defense of individual and class action claims brought under the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Truth in Lending Act (TILA) and Regulation Z, Electronic Fund Transfer Act (EFTA), Higher Education Act (HEA), Virginia Consumer Protection Act (VCPA) and other state and federal consumer credit laws. He has handled matters involving credit reports, debt collection, mortgage servicing, vehicle financing, student loans, wrongful foreclosure and other foreclosure avoidance claims. Additionally, Mr. Cuthbertson has testified before members of Congress on the U.S. House of Representatives Judiciary Committee, and represented student loan guarantors as amici curiae before the U.S. Supreme Court, concerning the undue hardship discharge for educational loans in bankruptcy.
Mr. Cuthbertson also represents lenders and businesses in commercial creditors’ rights matters. He has experience with litigation in state, federal and bankruptcy courts, including preference and fraudulent-transfer litigation, motions for relief from the automatic stay, as well as commercial litigation within insolvency proceedings.
Mr. Cuthbertson also has broad experience in business litigation, including matters involving contracts, business torts, fraud, professional liability, intellectual property and real estate.