MARK D. MAILMAN
MARK D. MAILMAN is admitted to practice before the United States
for the Eastern District of Pennsylvania and District of New Jersey as
well as the state courts of Pennsylvania and New Jersey. He is a graduate
of Muhlenberg College (B.A. magna cum laude, 1991) when he was also inducted
into Phi Beta Kappa. Mr. Mailman received his law degree from the Temple
University School of Law (J.D. 1995). While at Temple Law School, he achieved
the highest grade in his Trial Advocacy clinic. Throughout law school,
Mr. Mailman interned at the Philadelphia District Attorney's Office where
he tried cases and argued motions in the areas of domestic violence and
sexual assault. Following graduation from law school, Mr. Mailman was
an attorney with the law firm of Hwang & Associates where his practice
focused on Lemon Law litigation. In 1996, Mr. Mailman was associated with
the law firm of Fellheimer, Eichen, Bravermen & Kaskey where his practice
focused on complex commercial litigation including creditor's rights.
He has been certified to serve as class counsel by state and federal courts
in both contested and settlement class actions.
Class Counsel Certifications
Jordan v. Commonwealth Financial Systems, Inc., 237 F.R.D. 132, 2006 WL 2294855 (E.D. Pa. 2006);
Seawell v. Universal Fidelity Corp, 235 F.R.D. 64 (E.D.Pa. 2006);
Perry v. FleetBoston Financial Corp., 299 F.R.D. 105, 2005 WL 1527694 (E.D. Pa. 2005);
Beck v. Maximus, Inc., 2005 WL 589749 (E.D. Pa. 2005); vacated on other grounds, Beck v. Maximus, 457 F. 3d 291, 2006 WL 2193603 (3d. Cir. Aug. 4, 2006)
Stoner v. CBA Information Services, 352 F. Supp. 2d 549 (E.D. Pa. 2005);
Bittner v. Trans Union, LLC, C.A. No. 04-2562 (E.D. Pa. January 4, 2005);
Wisneski v. Nationwide Collections, Inc., 227 F.R.D. 259 (E.D. Pa. 2004);
Petrolito v. Arrow Financial Services, LLC, 221 F.R.D. 303 (D. Conn. 2004);
Orloff v. Syndicated Office Systems, Inc., 2004 WL 870691 (E.D. Pa 2
004);
Bonett v. Education Debt Services, Inc., 2003 WL 21658267 (E.D. Pa. 2003);
Gaumer v. The Bon-Ton Stores, C.A. No. 02-8611 (E.D. Pa. Dec. 30, 2003);
Street v. Portfolio Recovery Associates, C.A. No. 01-3684 (E.D. Pa. July 30, 2003);
Samuel-Bassett v. Kia Motors America, Inc., 212 F.R.D. 271 (E.D. Pa. 2000), vacated on other grounds;
Oslan v. Law Offices of Mitchell N. Kay, 232 F. Supp. 2d 436 (E.D. Pa. 2002);
Oslan v. Collection Bureau of Hudson Valley, 206 F.R.D. 109 (E.D. Pa. 2002);
Saunders v. Berks Credit & Collections, 2002 WL 1497374 (E.D. Pa. 2002);
Schilling v. Let’s Talk Cellular and Wireless, 2002 U.S. Dist. LEXIS 3352 (E.D. Pa. 2002);
Fry v. Hayt, Hayt and Landau, 198 F.R.D. 461 (E.D. Pa. 2000);
Smith v. First Union Mortgage Corporation, 1999 WL 509967 (E.D. Pa. 1999);
Miller v. Inovision, C.P. Phila. County, December Term, 1999, No. 3504.
Notable Cases
Samuel-Bassett v. Kia Motors America, Inc., C.P. Phila. County, January Term, 2001, No. 2199--5.6 million dollar verdict for class of Pennsylvania car purchasers;
Cortez v. Trans Union, LLC, Civil No. 05-5684 (E.D. Pa., April 26, 2007)--$800,000 jury verdict against Trans Union in fair credit reporting case;
Stoner v. CBA Information Services, 352 F. Supp. 2d 549 (E.D. Pa. 2005)--obtained $772,500 settlement for class of consumers who disputed errors in their credit reports;
Perry v. FleetBoston Financial Corp., 2004 WL 1508518 (E.D. Pa. 2004)--defeated motion to compel arbitration in class action brought under Fair Credit Reporting Act;
Crane v. Trans Union, LLC, 282 F. Supp. 2d 311 (E.D. Pa. 2003)--federal court held that credit reporting agencies that merely parrot information from credit furnishers and fail to forward dispute documentation face claims for punitive damages under the Fair Credit Reporting Act; violation of the Fair Credit Reporting Act presents a violation of Pennsylvania's Consumer Protection Law); Lawrence v. Trans Union, LLC, 296 F. Supp. 2d 582 (E.D. Pa. 2003)--same;
Wisneski v. Nationwide Collections, Inc., 227 F.R.D. 259 (E.D. Pa. 2004)—in fair debt class action, Pennsylvania federal court held for the first time that statutory net worth limitation is not limited to balance sheet net worth, and includes equity, capital stock and goodwill;
Evantash v. G.E. Capital Mortgage Services, Inc., 2003 WL 22844198 (E.D. Pa. 2003)—in fair credit reporting case, court held that technical accuracy is not a defense;
Sheffer v. Experian Information Solutions, Inc., 2003 WL 21710573 (E.D. Pa. 2003)--federal court held that Fair Credit Reporting Act permits as recoverable damage emotional distress in trying to correct errors in a consumer’s credit file, even where no pecuniary or out-of-pocket losses;
Sheffer v. Experian Information Solutions Inc., 249 F. Supp. 2d 560 (E.D. Pa. 2003)--federal court held that FCRA provides a private right of action against furnishers of information;
Sullivan v. Equifax, Inc. et al., 2002 U.S. Dist. LEXIS 7884 (E.D. Pa. 2002)-- federal court held that reporting a debt to a credit reporting agency is a communication covered by the Fair Debt Collection Practices Act;
Wenrich v. Cole, 2000 U.S. Dist. LEXIS 18687 (E.D. Pa. 2000)--federal court held that FDCPA provides protection for all persons, not just consumers;
Jaramillo v. Experian Information Solutions, Inc., 155 F. Supp. 2d 356 (E.D. Pa. 2001); 2001 U.S. Dist. LEXIS 10221 (E.D. Pa. 2001)--federal court held that single publication rule does not apply to actions brought for violation of the Fair Credit Reporting Act;
Presentations/Lectures By Invitation
Faculty/Speaker, Credit Reporting and Debt Collection Litigation, Municipal Court Judicial Conference (CLE), Pennsylvania, PA, May 6, 1999;
Speaker, Protecting Privacy, Ensuring Accuracy, National Association of Consumer Advocates, Albuquerque, NM, June 1, 2002;
Speaker, FCRA/Building On Our Success, National Association of Consumer Advocates, Orlando, FL, March 7-9, 2003;
Speaker, Litigating Accuracy Issues With Credit Reporting Agencies, National Association of Consumer Advocates, Chicago, Ill., May 14-16, 2004;
Speaker, Understanding Credit Scoring, Consumer Rights Litigation Conference, National Consumer Law Center, Boston, MA, November 7, 2004;
Speaker, Litigating Accuracy Issues With Furnishers of Credit Data, National Association of Consumer Advocates, New Orleans, LA, June 2-5, 2005.
Speaker, FCRA: Playing to Win, National Association of Consumer Advocates, Las Vegas, NV, May 5-7, 2006.
Speaker, Protecting Vulnerable Consumers and Promoting Marketplace Justice, Consumer Rights Litigation Conference, National Consumer Law Center, Miami, FL, November 10-13, 2006.
Speaker, Litigation Trends: “Getting to Know the Other Team”, 11th Annual DBA International World Championship of Debt Buying, Las Vegas, NV, February 5-7, 2008.
Speaker, Fair Debt Collection Experienced Training Conference, National Association of Consumer Advocates, Nashville, TN, March 27-29, 2008.
Mr. Mailman has been voted and named one of Pennsylvania’s Super Lawyers by Law and Politics published by Philadelphia Magazine and Pennsylvania Super in 2004, 2005, 2006, 2007 and 2008. Mr. Mailman has lectured before judges, lawyers and various professional organizations on the topics of Fair Debt Collection and Fair Credit Reporting litigation.
Mr. Mailman has litigated cases on behalf of victimized consumers throughout Pennsylvania. He concentrates his practice in the areas of Fair Debt Collection, Fair Credit Reporting, Credit Repair Litigation and consumer class actions. He serves as a certified arbitration panelist with the Federal Arbitration Panel and serves on the Editorial Board of the Consumer Financial Services Law Report. Additionally, he is a member of the Pennsylvania Trial Lawyers Association, Philadelphia Trial Lawyers Association, Philadelphia Bar Association, and National Association of Consumer Advocates, and regularly serves on the Philadelphia Bar Association’s Federal Courts Committee.