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Mark Mailman Consumer Protection Attorney at Francis Mailman Soumilas, P.C.

Mark D. Mailman

1-877-735-8600

1-215-940-8000

mmailman@consumerlawfirm.com

Biography

MARK D. MAILMAN, is the managing partner of FMS and one of the firm’s founders. He is a tenacious and passionate consumer litigator who has for more than 26 years helped secure over $350 million dollars in verdicts and settlements on behalf of more than 8,500 victimized consumers across the nation. Mark concentrates his practice primarily in federal courts, in the areas of Fair Debt Collection, Fair Credit Reporting, False Employment/Background Checks, Identity Theft, Unwanted Auto Calls and Texts, and Consumer Class Actions.

In October 2018, Mark 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. He 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 from 2004 to the Present. Mark has repeatedly lectured before judges, lawyers and various professional organizations on the topics of Fair Debt Collection and Fair Credit Reporting litigation and has also appeared on various news programs to discuss trending consumer issues.

Mark is a graduate of Muhlenberg College (B.A. magna cum laude, 1991), where he was also inducted into Phi Beta Kappa. He 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.

Mark is admitted to practice before the United States for the Eastern District of Pennsylvania, Middle District of Pennsylvania, Eastern District of Arkansas, District of North Dakota, and District of New Jersey as well as the state courts of Pennsylvania and New Jersey. He has also successfully litigated cases across the country on a pro hac basis. Mark has been certified to serve as class counsel by state and federal courts in both contested and settlement class actions.

  • Martinez v. Avantus, LLC, No. 3:20-CV-1772 (JCH), 2023 WL 112807 (D. Conn. Jan. 5, 2023)
  • Stewart et al v. LexisNexis Risk Data Retrieval Services, LLC et al., No. 3:20-cv-00903-JAG (E.D. Va. July 27, 2022)
  • Healy v. Milliman, Inc., No. 2:20-cv-01473-JCC (W.D. Wash. 2022)
  • Kang v. Credit Bureau Connection, Inc., No. 18-01359, 2022 WL 658105 (E.D. Cal. Mar. 4, 2022)
  • Watson v. Checkr, Inc., No. 3:19-cv-03396-EMC (N.D. Cal. 2021)
  • Deaton v. Trans Union, LLC, No. 2:20-cv-01380-AB (E.D. Pa. 2021)
  • Sanders v. Makespace Labs, Inc., No: 1:18-cv-10016 (S.D.N.Y. Mar. 29, 2021)
  • Der-Hacopian v. Darktrace, Inc., No: 18-cv-06726-HSG (N.D. Cal. Dec. 10, 2020)
  • Der-Hacopian v. Sentrylink, LLC, No. 8:18-cv-03001-PWG (N.D. Cal. Nov. 23,2020)
  • McIntyre v. RealPage, Inc., No: 2:18-cv-03934, WL 5017612 (E.D. Pa. Aug. 25, 2020)
  • Norman v. Trans Union, LLC, No: 18-5225, 2020 WL 4735538 (E.D. Pa. Aug. 14, 2020)
  • Robinson v. National Student Clearinghouse, No. 1-19-cv-10749, 2020 WL 4873728 (D. Mass. July 8, 2020) aff’d 14 F.4th 56 (1st Cir. 2021)
  • Leo v. Appfolio, Inc., No.3:17-cv-05771-RJB (W.D. Wash. 2019)
  • Thomas v. Equifax Info. Services, LLC, No. 18-cv-684 (E.D. Va. 2020)
  • Clark v. Experian Info. Sols., Inc., No. 16-cv-32 (E.D. Va. 2019)
  • Clark/Anderson v. Trans Union, LLC, No. 15-cv-391 & No. 16-cv-558 (E.D. Va. 2018)
  • Gibbons v. Weltman, Weinberg & Reis Co., LPA, 2018 WL 5720749 (E.D. Pa. Oct. 31, 2018)
  • Kelly v. Business Information Group, C.A. 15-6668, 2019 WL 414915 (E.D. Pa. 2019)
  • Ridenour v. Multi-Color Corporation, C.A. No. 2:15-cv-00041, (E.D. Va., Jan. 13, 2017)
  • Flores v. Express Personnel, C.A. No. 14-cv-03298, (E.D. Pa. Oct. 21, 2016)
  • Larson v. Trans Union, LLC, C.A. No. 12-cv-05726, (N.D. CA, Aug. 11, 2016)
  • Miller v. Trans Union, LLC, C.A. No. 12-cv-1715, (M.D. PA, Dec. 26, 2016)
  • Henderson v. Trans Union, LLC, C.A. No. 14-cv-00679, E.D. Va., May 3, 2016)
  • Pawlowski v. United Tranzactions, LLC, C.A. no. 15-cv-2330, (E.D. PA, April 18, 2016)
  • Rodriguez v. Calvin Klein, Inc., C.A. 1:15-cv-02590 (S.D. N.Y. 2015)
  • Giddiens v. Infinity Staffing, C.A. No. 13-cv-07115, (E.D. Pa., Jan. 12, 2016)
  • Giddiens v. First Advantage, C.A. No. 14-cv-5105, (E.D. Pa., July 11, 2015)
  • Jones v. Halstead Management Corporation, C.A. No. 14-cv-03125 (S.D. N.Y., May 5, 2016)
  • Berry v. LexisNexis Risk & Info. Analytics Group, Inc., No. 3:11-cv-754, 2014 WL 4403524 (E.D. Va. Sept. 5, 2014)
  • Thomas v. BackgroundChecks.com, C.A. No. 13-029 2015 WL 11004870 (E.D. Va. Aug. 5, 2015)
  • Henderson v. Acxiom Risk Mitigation, Inc., C.A. No. 12-589 (E.D. Va., Aug. 7, 2015)
  • Magallon v. Robert Half International, Inc. WL 8778398 (D. Or. Nov. 10, 2015)
  • Carter v. McDonald’s Restaurants, 15-01531-MWF (March 15, 2015)
  • Patel v. Trans Union, LLC, 308 F.R.D. 292 (N.D. Cal. 2014)
  • Goode v. First Advantage LNS Screening Sols., Inc., No. 11-cv-02950 (E.D. Pa. Dec. 29, 2014)
  • Blandina v. Midland Funding, LLC, 2014 WL 7338744 (E.D. Pa. Dec. 23, 2014)
  • King v. General Information Services, Inc., C.A. No. 11-06850 (E.D. Pa. Nov. 4, 2014)
  • Robinson v. General Information Services, Inc., C.A. No. 11-07782 (E.D. Pa. Nov. 4, 2014)
  • Ramirez v. Trans Union, LLC, 2014 WL 3734525 (N.D. Cal. July 24, 2014)
  • White v. Experian Information Solutions, 993 F. Supp. 2d 1154, 1172 (C.D. Ca. 2014)
  • Sapp v. Experian Information Solutions, Inc., 2:10-04312 (E.D. Pa. Jan. 29, 2013)
  • LaRocque v. TRS Recovery Services, Inc., 2012 WL 291191 (D. Me. July 17, 2012)
  • Ryals et al. v. Hireright Solutions, Inc., C.A. No. 3:09-625 (E.D. Va. July 7, 2011)
  • 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
  • Knox v. MircoBilt Corp., 2024 WL 4024104 (D.N.J. Aug. 31, 2024) (denying a background check companies motion for summary judgment, and holding that a background check company may not blindly rely on a vendor of public records for compliance with 15 USC 1681e(b))
  • 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

Speaker, Spring Training 2024 (FCRA), National Association of Consumer Advocates, Atlanta, GA, April 11-14, 2024

Speaker, Spring Training 2023 (FCRA), National Association of Consumer Advocates, New Orleans, LA, May 3-5, 2023

Speaker, Spring Training 2022 (FCRA), National Association of Consumer Advocates, Phoenix, AZ, May 11-14, 2022

Speaker, Consumer Rights Litigation Conference, National Consumer Law Center's Office Hours with the FCRA Stars, December 6-17, 2021

Speaker, Spring Training 2020 (FCRA), National Association of Consumer Advocates, Online Webinars, May 1-June 30, 2020

Speaker, Fair Credit Reporting Act Conference, National Association of Consumer Advocates, Long Beach, CA, May 1–4, 2019

Speaker, Fair Credit Reporting Act Conference, National Association of Consumer Advocates, Baltimore, MD, April 22-29, 2017

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

Sixth Circuit: Consumer's FCRA Complaint Regarding Inaccurate Spousal Support Obligation Passes Muster, The Legal Intelligencer (October, 2024)

PA High Court Holds Consumers Can Receive Both Punitive and Statutory Treble Damages Under the CPL, The Legal Intelligencer (June, 2024)

CFPB Issues New Guidance Regarding Inaccurate Background Check Reports and Credit File Sharing Practices, The Legal Intelligencer (April, 2024)

CFPB Details Student Loan Servicers' Struggles in Wake of Borrowers Resuming Payments, The Legal Intelligencer (February, 2024)

Third Circ. Clarifies Furnishers’ Duties Under the FCRA to Probe Indirect Disputes, 268 The Legal Intelligencer, 5, 8 (2023)

CFPB Explores AI’s Impact on Consumers’ Relationships With Financial Institutions, 268 The Legal Intelligencer, 5, 8 (2023)

CFPB Reminds Consumer Reporting Agencies to Toss ‘Junk Data’ in the Trash, 266 The Legal Intelligencer, 5, 8 (2022)

Your Clients’ Consumer Rights Legal Issues May Be Hiding in Plain Sight, 264 The Legal Intelligencer, 7-8 (2021)

Mark regularly lectures for continuing legal education programs, law schools and community groups throughout the country, and has been a regular speaker for the National Association of Consumer Advocates (NACA) and National Consumer Law Center (NCLC) for over 20 years. He is a certified arbitration panelist with the Federal Arbitration Panel and serves on the Editorial Board of the Consumer Financial Services Law Report. Additionally, Mark 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.

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