Mark D. Mailman

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) where 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.

In October 2018, Mr. Mailman was awarded the 2018 Consumer Attorney of the Year award from the National Association of Consumer Advocates (NACA). NACA is a nationwide organization of more than 1,500 consumer attorneys and advocates who represent the victims of abusive and fraudulent business practices.

Class Counsel Certifications

  • Serrano v. Sterling Testing Systems, Inc. 711 F. Supp. 2d 402 (E.D. Pa.2010)
  • Summerfield v. Equifax Information Services, LCC, 2009 WL 3234191 (D. N.J. Sept. 30 2009)
  • Chakejian v. Equifax Information Services, LLC, 256 F.R.D. 492, 2009 WL 764656 (E.D.Pa. 2009)
  • Barel v. Bank of America, __F.R.D.__, 2009 WL 122805 (E.D. Pa. 2009)
  • Mann v. Verizon, C.A. No. 06-5370 (E.D. Pa. Sept. 26, 2008)
  • Smith v. Grayling Corp., 2008 WL 3861286, C.A. No. 07-1905 (E.D. Pa. 2008)
  • Strausser v. ACB Receivables Management, Inc., 2008 WL 859224 (E.D. Pa., March 28, 2008)
  • Nienaber v. Citibank (South Dakota), N.A., 2007 WL 2003761 (D.S.D., July 5, 2007)
  • 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 2004)
  • 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

  • Schwartz v. Aracor Search & Abstract, Inc., 2014 WL 4493662 (E.D. Pa. Sept. 11, 2014) (upholding compensatory and punitive damages judgment against title company that misappropriated certain funds at real estate closing)
  • Ferguson v. Wells Fargo Bank, NA, 538 Fed. Appx. 782 (9th Cir. 2013) (reversing summary judgment for bank that failed to properly remove bankruptcy notation
  • King v. General Info. Servs., Inc., 903 F. Supp. 2d 303 (E.D. Pa. 2012) (first court to uphold constitutionality of FCRA’s obsolescence provision
  • Seamans v. Temple University, Civil No. 11-6774(E.D. Pa., Oct. 28, 2011) — precedential case of first impression before U.S. Court of Appeals for the Third Circuit addressing duties of furnishers and interplay between the FCRA and HCA.
  • Adams v. LexisNexis Risk & Info. Analytics Group, Inc., 2010 WL 1931135 (D.N.J. May 12, 2010) (first court to find that consumers may sue under FRCA over information in specialty Accurint report used by debt collectors)
  • Dixon-Rollins v. Trans Union, LLC, Civil No. 09-646 (E.D. Pa., April 10, 2010) – $530,000 jury verdict against a credit reporting agency that falsely reported an old landlord collection claim for rent (remitted to $300,000)
  • Shames-Yeakel v. Citizens Financial Bank, 677 F. Supp. 2d 994 (N.D. Ill. 2009) (first court to rule that consumer may proceed to jury trial on claim that bank breached its duty to sufficiently secure its online banking system).
  • 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 (remitted to $150,000)
  • 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
  • Little v. Kia Motors America, Inc., 2003 WL 25568765 (N.J.Super.L. 2003)—6 million dollar (approximate) verdict for class of New Jersey car purchasers, damages later decertified
  • Serrano v. Sterling Testing Systems, Inc., —F.Supp.2d—, 2008 WL 2223007 (E.D. Pa. May 30, 2008)—federal court finding as a matter of first impression what defines a record of arrest under the FCRA
  • 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

  • Speaker, Fair Credit Reporting Act Conference, National Association of Consumer Advocates, Las Vegas, NV May1-3, 2015
  • Speaker, Fair Debt Collection Experienced Training Conference, National Association of Consumer Advocates, Baltimore, MD, March 7-8, 2013
  • Speaker, Fair Debt Collection Experienced Training Conference, National Association of Consumer Advocates, New Orleans, LA, February 23-24, 2012
  • Speaker, Negotiating 101, National Association of Consumer Advocates, Memphis, TN May 20-22, 2011
  • Speaker, Fair Credit Reporting Act Conference, National Association of Consumer Advocates, Chicago, IL May 8-10, 2009
  • Speaker, Fair Debt Collection Experienced Training Conference, National Association of Consumer Advocates, Nashville, TN, March 27-29, 2008
  • 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, Protecting Vulnerable Consumers and Promoting Marketplace Justice, Consumer Rights Litigation Conference, National Consumer Law Center, Miami, FL, November 10-13, 2006
  • Speaker, FCRA: Playing to Win, National Association of Consumer Advocates, Las Vegas, NV, May 5-7, 2006
  • Speaker, Litigating Accuracy Issues With Furnishers of Credit Data, National Association of Consumer Advocates, New Orleans, LA, June 2-5, 2005
  • Speaker, Understanding Credit Scoring, Consumer Rights Litigation Conference, National Consumer Law Center, Boston, MA, November 7, 2004
  • Speaker, Litigating Accuracy Issues With Credit Reporting Agencies, National Association of Consumer Advocates, Chicago, Ill., May 14-16, 2004
  • Speaker, FCRA/Building On Our Success, National Association of Consumer Advocates, Orlando, FL, March 7-9, 2003
  • Speaker, Protecting Privacy, Ensuring Accuracy, National Association of Consumer Advocates, Albuquerque, NM, June 1, 2002
  • Faculty/Speaker, Credit Reporting and Debt Collection Litigation, Municipal Court Judicial Conference (CLE), Pennsylvania, PA, May 6, 1999

 

Mr. Mailman has been consistently voted and named one of Pennsylvania’s Super Lawyers by Law and Politics published by Philadelphia Magazine and Pennsylvania Super Lawyer Magazine for the years 2004-2018. Mr. Mailman has lectured before judges, lawyers and various professional organizations on the topics of Fair Debt Collection and Fair Credit Reporting litigation. He has also appeared on various news programs to discuss consumer relevant issues.

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, unwanted auto calls and texts, 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.