Marc D. Cabrera is the Co-Leader of Polsinelli’s national Consumer Financial Services Litigation Practice Group. He is a seasoned litigator with extensive experience managing and resolving nationwide disputes for clients in the financial services industry throughout all stages of litigation in federal and state trial and appellate courts and in arbitration proceedings. Marc’s practice focuses on the representation of banks, lenders, servicers, investors, and other financial institutions in a high-volume docket of complex business-related and financial services litigation.

Financial Services Litigation

Marc aggressively resolves disputes for his residential and consumer lending and servicing clients in all aspects of litigation arising from claims under the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Telephone Consumer Protection Act (TCPA), Electronic Fund Transfer Act (EFTA), Fair Housing Act (FHA), Servicemembers Civil Relief Act (SCRA), and state specific unfair, deceptive, or abusive acts and practices (UDAAP) in numerous jurisdictions across the United States. Admitted to a dozen courts across the United States and having made special appearances in many others, Marc consistently obtains positive results for his clients nationally.

He also has substantial litigation experience in defending financial services clients in cases involving constitutional violations of home-equity loans under article XVI, section 50(a)(6) of the Texas Constitution and against claims for wrongful foreclosure, breach of contract, assignment and securitization challenges, homeowner association foreclosures, fraudulent transfers, automatic stay violations, national mortgage settlement and consent judgment violations, and expiration of statute of limitations to foreclose allegations. He is a co-author of the Texas Foreclosure Manual (and Supplement), Third Edition, Chapter 10: Borrower Challenges to Foreclosure and Lender Responses.

Marc has also represented servicers and investors in mortgage repurchase litigation, handled lawsuits arising under the Racketeer Influenced and Corrupt Organizations Act (RICO), and defended mortgage companies in class action lawsuits involving alleged improper servicing and collections practices in multiple jurisdictions.

Consumer Auto Finance Litigation

Marc’s experience also extends to consumer defensive litigation in state and federal courts, and in arbitrations, involving direct and in-direct lending products and leasing programs for automobiles, recreational vehicles (RVs), motorhomes, travel trailers, fifth wheels, campers, and marine products. He routinely represents auto finance companies, banks, and dealerships in nationwide disputes involving retail installment sales contracts, repurchase and indemnity demands, dealer bad acts claims, holder rule liability, manufacturing defects, wrongful repossessions, automatic stay violations, lease terminations, charged off debts, sovereign citizen allegations, identity theft, and automobile fraud, as well as claims arising under the FCRA, FDCPA, TILA, Magnuson-Moss Warranty Act (MMWA), and UDAAP, including, but not limited to: the California Consumer Credit Reporting Agencies Act (CCRAA), Rosenthal Fair Debt Collection Practices Act (RFDCPA), California Identity Theft Act (CITA), and Song-Beverly Warranty Act.