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Andrew C. Sayles

Partner

Overview

Andrew Sayles defends financial institutions and their service partners in complex litigation and class actions, with a particular emphasis on issues related to consumer financial services regulation. He also advises clients in disputes involving professional liability, commercial litigation, construction law, employment law and product liability. Andrew combines a pragmatic approach and proven litigation experience to successfully represent clients in state and federal courts.

Against this background, Andrew has a strong track record defending claims arising under the Fair Debt Collection Practices Act (FDCPA), Truth in Lending Act (TILA), Telephone Consumer Protection Act (TCPA), Fair Credit Reporting Act (FCRA) and related federal regulations. He also represents clients in claims involving state consumer protection laws including New Jersey’s Consumer Fraud Act (CFA) and Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA). Andrews likewise uses his knowledge and experience to offer guidance and counseling regarding compliance with various enumerated consumer protection laws. 

Andrew has extensive experience defending claims against lawyers, health care professionals, accountants and design professionals. He also represents companies in connection with various commercial and contract disputes. 

Through his broad experience, Andrew has a strong record of successful appellate outcomes. He has represented clients in matters before state and federal appellate courts, including the Supreme Court of the United States. Further, he has argued multiple matters before the Third Circuit Court of Appeals and has advocated before the United States Solicitor General, Federal Trade Commission and Consumer Financial Protection Bureau.     

Prior to joining Connell Foley, Andrew worked in a health care and professional liability defense firm where he gained valuable litigation experience in New York and New Jersey.

Experience

Representative Experience

  • Obtained C.V.S.G from United States Supreme Court on appeal involving Fair Debt Collection Practice Act (FDCPA).
  • Negotiated cost-effective settlement of malpractice claim against structural engineer.
  • Obtained transfer of putative class action against financial services entity from Eastern District of New York to District of New Jersey resulting in voluntary dismissal of claim.
  • Obtained in limine dismissal of malpractice and FDCPA claim against law firm arising from foreclosure litigation.
  • Obtained voluntary dismissal of putative class action against financial services entity involving allegations of Consumer Fraud Act (CFA), Truth in Consumer Contract Warranty Notice Act (TCCWNA) and Consumer Leasing Act (CLA).
  • Negotiated favorable class action settlement in FDCPA claim involving HOA fees.
  • Obtained individual resolution of putative class action alleging violations of TCPA against New Jersey business.
  • Successfully defended lawsuit against law firm alleging violations of FDCPA, CFA and TCCWNA.
  • Obtained early dismissal of lawsuit alleging FHA and ECOA violations in connection with residential mortgage modification application.
  • Obtained dismissal of RICO suit against law firm involving financial services and foreclosure practices.
  • Successfully defended and obtained dismissal of multiple federal actions involving claims under the FDCPA, Truth in Lending Act (TILA), and Real Estate Settlement Procedures Act (RESPA).
  • Favorably resolved multiple putative class actions against financial services entities and law firms.
  • Defended architect in copyright infringement action resulting in dismissal by summary judgment. 
  • Defended geotechnical engineer concerning design of multi-use commercial residential development
  • Obtained successful settlement for plaintiff in breach of contract action for purchase of commercial real estate and corresponding dispute regarding security deposit. 
  • Defended engineer in design and construction of athletic fields
  • Defended prefabricated steel framing producer in construction related lawsuit
  • Defended property owner arising from personal injury on leased premises
  • Defended directors and officers in negligence suit brought by homeowners association. 
  • Defended law firm in malpractice litigation arising from land use dispute

Decisions

  • Bailey v. Zucker, Goldberg & Ackerman, LLC, 2016 N.J. Super. Unpub. LEXIS 1972(App. Div. 2016)
  • Jaccard v. Bank of Am., 2015 U.S. Dist. LEXIS 94346 (D.N.J. July 21, 2015)
  • Castillo v. Zucker, Goldberg & Ackerman, LLC, 2015 U.S. Dist. LEXIS 33369 (D.N.J. Mar. 18, 2015)
  • Devito v. Zucker, Goldberg & Ackerman, LLC, 908 F. Supp. 2d 564, 567 (D.N.J. 2012)
  • Whittingham v. Mortgage Elec. Registration Servs., 2008 U.S. Dist. LEXIS 49400 (D.N.J. June 23, 2008)
  • Deutsche Bank Nat'l Trust Co. v. Cothran, 2012 U.S. Dist. LEXIS 75921, 4-5 (D.N.J. May 31, 2012)
  • Willoughby v. Zucker, Goldberg & Ackerman, LLC, 2014 U.S. Dist. LEXIS 81976 (D.N.J. June 16, 2014)
  • Ruffolo v. HSBC Bank USA, N.A., 2014 U.S. Dist. LEXIS 141514 (D.N.J. Oct. 3, 2014)
  • Murdock v. E. Coast Mortg. Corp., 2012 U.S. Dist. LEXIS 85428 (D.N.J. June 20, 2012)
  • Allen v. LaSalle Bank, N.A., 629 F.3d 364 (3d Cir. 2011)
  • Lane v. Fein, Such and Crane, LLP, 767 F. Supp. 2d 382 (E.D.N.Y. 2011)
  • Williams v. Zucker Goldberg & Ackerman, LLC, 2011 U.S. Dist. LEXIS 22866 (D.N.J. March 8, 2011)
  • Sebrow v. Fein, Such, Kahn,& Shepard, P.C., 2011 U.S. Dist. LEXIS 16530 (D.N.J. Feb 16, 2011)
  • Skypala v. Mortgage Electronic Registration Systems, Inc., 655 F.Supp.2d 451 (D.N.J. 2009)
  • Rickenbach v. Wells Fargo Bank, N.A., 635 F.Supp.2d 389 (D.N.J. 2009)

Activities

Professional and Community Affiliations

  • New Jersey State Bar Association
  • New York State Bar Association
  • Fellow, ABOTA National Trial College at Harvard Law School (2014)
  • Member, American Bar Association
  • Member, The Conference on Consumer Finance Law
  • Barrister, Brennan-Vanderbilt Inn of Court
  • Member, Defense Research Institute (DRI)
    • Publications Chair for DRI Consumer Financial Services SLG, Commercial Law Committee
    • Webcast Chair for Professional Liability Committee; Coordinated and Chaired:
      • The Role of Ethics in Legal Malpractice Actions (October 29, 2013)
      • Data Breach Liability and Coverage Issues in the Practice of Law (June 17, 2013)
      • Professional Liability 101: Insurance Coverage (February 5, 2013)
      • Professional Liability 101: Insurance Producer Liability (January 8, 2013)
      • Professional Liability 101: FINRA Arbitrations (November 7, 2012)
      • Professional Liability 101: Legal Malpractice (October 11, 2012)

Presentations

  • Speaker, “New Sheriff in Town: The Consumer Financial Protection Bureau (CFPB) – Why the Federal Government’s Expanded Roles in Consumer Protection Laws Should Concern Professionals”, DRI Professional Liability Seminar, New York, New York (2012)

News & Insights

Honors

New Jersey Super Lawyers Rising Stars (2014-2017)

Clerkships

  • Honorable Estela M. De La Cruz of the Superior Court of New Jersey for Bergen County

Education

Syracuse University College of Law (J.D., 2004)

Syracuse University (B.A., Political Science and  International Relations, cum laude, 2001)

Admissions

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