Claudia Callaway

Claudia Callaway focuses her practice on the defense of state and federal class actions regarding consumer protection and consumer finance laws, representing clients in multiple regulatory and litigation areas, including the following:

• The Truth in Lending Act, Regulation Z and Regulation E
• The Equal Credit Opportunity Act and Regulation B
• The Fair Debt Collection Practices Act
• The Fair Credit Reporting Act
• The Gramm-Leach-Bliley Act, Regulation P and state privacy laws
• The FTC Act and state Unfair and Deceptive Trade Practices laws
• Removal of Class Actions to Federal Court under CAFA
• Application of the Federal Arbitration Act to consumer contracts, and enforcement of class action waiver contained in consumer arbitration agreements
• HOEPA, RESPA and Reg U
• Federal interest rate “exportation” (12 U.S.C. §§ 85 and 1831d) and state and federal bank regulatory advocacy
• State usury and consumer protection laws

Ms. Callaway also counsels clients on ways to prevent class action suits before they happen. She has offered advice on numerous state and federal banking and consumer protection matters, including privacy, collections, credit reporting and usury issues.

Ms. Callaway has served as an adjunct professor at Georgetown University Law Center, taught in Georgetown’s Criminal Justice Clinic, and acted as faculty advisor to the national champion Georgetown Patent & Copyright Moot Court Team.

Ms. Callaway received her bachelor’s degree from Bryn Mawr College, where she received the Katherine Hepburn Award, and her law degree from Georgetown University Law Center, where she received the AmJur Award for Excellence in Oral Advocacy. She is a co-founder of the Financial Literacy Project, American Bar Association, Business Law Section; past co-chair of the Diversity in the Courtroom Subcommittee, Trial Practice Committee, American Bar Association, Litigation Section; a past member of the Bryn Mawr College President’s Advisory Council; and a member of the Hispanic College Fund Scholarship Selection Committee.

Recent Notable Cases

Fluke v. CashCall, Inc., U.S.D.C. E.D.Pa. Case No. 08-CV-5776 (May 21, 2009)—The District Court enforced a class action waiver contained in a consumer loan agreement, rejecting claims of unconscionability under Pennsylvania or Delaware law.

Lectures and Articles

• Counsel of Record, “Brief of Law Professors in Support of Petitioner,” Amicus Curiae in Salim Ahmed Hamdan v. Donald H. Rumsfeld, et al., Supreme Court of the United States, January 2006
• Co-Presenter, “Current Regulatory Issues in Consumer Finance: What Capital Sources Need to Know,” Katten Muchin Rosenman LLP Seminar, New York, April 28, 2011
• Speaker, “The Response to Financial Crisis and the Dodd-Frank Legislation,” Miami Law Business Law Review & International and Comparative Law Review Symposium, Coral Gables, April 9, 2011
• Co-Presenter, “Pick a Card, Any Card: Regulatory Environment for Prepaid Cards,” Community Financial Services Association Annual Conference, Hollywood, Florida, March 2-4, 2011
• Speaker, “The Mechanics of the Consumer Financial Protection Bureau,” Community Financial Services Association Annual Conference, Hollywood, Florida, March 2-4, 2011
• Speaker, “Consumer Arbitration Agreements: Balancing Business Certainty and Consumer Protection,” Republican Attorneys General Association Fall National Meeting, New Orleans, November 7-9, 2010
• Co-Presenter, “Current Major Issues in Consumer Finance,” Katten Muchin Rosenman LLP Seminar, Chicago, September 15, 2010
• Co-Presenter, “Impact of the Dodd-Frank Bill on Consumer Lenders,” Katten Muchin Rosenman LLP Webinar, July 27, 2010
• Speaker, “Federal Trade Commission,” Community Financial Services Association Annual Meeting, Orlando, March 2009
• Speaker, “Masters Class on Defending Against Borrower Class Actions in Federal Court - CAFA, Removal, Certification, Settlement and Beyond,” American Conference Institute's 8th Annual Conference on Consumer Finance Class Actions & Litigation, New York, January 26, 2009
• Speaker, “Current Major Issues for the Payday Advance Industry,” Community Financial Services Association Annual Meeting, Las Vegas, March 7, 2008
• Speaker, “Women in Management: How to Inspire Confidence,” Georgia Association for Women Lawyers’ Signature Event, Greensboro, Georgia, November 1–2, 2007
• Panelist, “Pay Day Lending—Benefits and Problems,” Council of Western Attorneys General Annual Meeting, Anaheim, California, July 25, 2007
• Co-Presenter, “The Landscape Beyond Payday: How Credit Card and Mortgage Trends in Legislation and Litigation Will Affect You in 2007,” Community Financial Services Association Annual Conference, Paradise Island, Bahamas, March 2, 2007
• Co-Presenter, “Internet Top 10: Reg E, ACH Rules and Other Compliance Requirements for Internet Loans,” Community Financial Services Association Annual Conference, Paradise Island, Bahamas, March 2, 2007
• Co-Presenter, “Current Majors Issues in Payday Advance Litigation,” Community Financial Services Association Annual Conference, Paradise Island, Bahamas, March 1, 2007