Jonathan Green is an experienced trial lawyer who focuses on assisting financial services companies in resolving their problems. This includes both litigation and assisting clients with compliance issues to avoid litigation.

Featured Videos

Preparing for the Storm – A Look at the Fair Debt Collection Practices Act August 25, 2020

Navigating the Fair Credit Reporting Act – A Guide to Minimize the Risk of FCRA Litigation May 20, 2020

Trends in Litigation: The Fair Credit Reporting Act May 29, 2019

The State of the TCPA Post-ACA May 23, 2018

Consumer Compliance – How to Prepare for a Fair Lending Compliance Review February 28, 2018

Consumer Compliance and the CFPB Year in Review December 13, 2017

Professional Biography

Overview

Jonathan has substantial experience representing financial services companies of all types and sizes. His experience runs the gamut from mortgage servicing issues, lender liability defense, and federal consumer protection laws, including the Telephone Consumer Protection Act (TCPA), Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA). His representation extends to all facets of a client's business, and he has experience with traditional banking litigation; trusts and estate litigation; and the Employee Retirement Income Security Act (ERISA).

His representation is not limited to litigation; he routinely assists clients with compliance and business issues.

Representative Matters

Reviewed a recent U.S. Supreme Court opinion interpreting the Fair Debt Collection Practices Act (FDCPA) for a national default services law firm to provide advice on the scope of that opinion and how it affected the form and content of letters used by the firm in its multi-state debt collection practices business and revised form letters selected by the firm for compliance with the opinion.
Advised a bank on the FDCPA's impact on servicing certain defaulted loans acquired as part of an acquisition. In doing so, we assisted them with complying with the FDCPA and restructuring the loans to render them performing.
Assisted a small credit reporting agency in preparing its policies and procedures, terms and conditions, and customer agreement.
Successfully represented a client in a pair of related (FCRA) cases involving fraudulent charges. Prevailed upon summary judgment in both cases, both of which were affirmed on appeal.
Successfully represented a banking client in regards to a suit brought over a fraudulent wire transfer arising from a data breach of a real estate closing firm.
Successfully represented a financial services company in regards to a breach of fiduciary suit that alleged that it failed to secure the property of a deceased client.
Successfully represented a financial services company in regards to a negligence/breach of fiduciary suit that alleged that it failed to stop improper and unauthorized withdrawals from a customer's accounts by a family member.
Prevailed on summary judgement in a Suit under the Real Estate Settlement Procedures Act (RESPA) against claims that a borrower was harmed when their application for a loan modification was denied.
Successfully represented a client from a number of suits under the TCPA from a single firm.
Prevailed in a TCPA suit due to the plaintiff's failure to follow pre-suit notice requirements.
Set aside a $300,000 default judgment due to improper service.
Successfully represented a foreclosure firm in a class action under the FDCPA alleging that the firm had failed to identify the proper party in its foreclosure notices.
Represented a loan servicer in addressing a situation where it sent debt collection notices on a number of discharged loans as part of a service transfer.
Advised a financial institution that had acquired a number of troubled consumer loans regarding its duties and liabilities for them and developed a methodology to allow the client to modify and reinstate the loans.
Successfully defended a loan servicing company against allegations of Real Estate Settlement Procedures Act (RESPA) violations and claims of negligent infliction of emotional distress brought by a borrower whose application for a loan modification was denied.

Professional Honors & Activities

Named as a Georgia Rising Star by Georgia Super Lawyers in Business Litigation, 2015
Named to inaugural JPEG: Picture the Future List by American Legal and Financial Network, 2014
Member – Legislative & Regulatory Policy Committee American Legal and Financial Network, 2014
Co-chair – Federal Consumer Lending Statutes Committee of the American Legal and Financial Network, 2013
Recipient – Baker Donelson Atlanta Pro Bono Attorney of the Year, 2008
Member – State Bar of Georgia, Real Property, Creditors' Rights, General Practice & Trial Law Sections

Publications

Co-author – "Eleventh Circuit Delivers Crushing Blow to Single-Text TCPA Plaintiffs," republished in Receivables Advisor (September 2019)
"FDCPA Litigation: Key Issues and Considerations," Practical Law (April/May 2017)
"Advertising Oversight," ICBA Independent Banker Magazine, blog (January 2015)
Co-author – "Preparing for Litigation Under the Ability to Repay Rule," National Mortgage News (February 2014)
Co-author – "Trends and Projections for 2014: Use this primer to anticipate and navigate industry developments," Scotsman Guide (January 2014)
"Could New Mortgage Rules Implementation Deadline Be Delayed?," Bank News (November 2013)
Contributor – "The CFPB - A Powerful New Cop," Mortgage Banking (September 2013)
"Survey of Georgia Real Property Law," 246 Mercer Law Review 65, Chapter on Taxation of Real Property (2013)
"Survey of Georgia Real Property Law," 60 Mercer Law Review 309, Chapter on Sale of Real Property (2011)