Daniel JT McKenna
Ballard Spahr LLP
Recognized for
Consumer Financial Services
The Elite Counsel Perspective
Dan’s leadership as co-chair of Ballard Spahr’s consumer financial services group is matched by exceptional judgment in TCPA and FCRA litigation, mass arbitration and compliance.
Dan’s leadership as co-chair of Ballard Spahr’s consumer financial services group is matched by exceptional judgment in TCPA and FCRA litigation, mass arbitration and compliance.
Overview
Daniel JT McKenna is co-chair of Ballard Spahr’s Consumer Financial Services Group and co-leader of its State Attorneys General Consumer Finance Response and TCPA Teams. Dan’s practice combines consumer financial services litigation with compliance advice, particularly concerning the Telephone Consumer Protection Act (TCPA), the Fair Credit Reporting Act (FCRA), and servicing requirements.
Dan represents banks, nonbank lenders, lease-to-own and rent-to-own businesses, mortgage lenders and servicers, third-party service providers, auto lenders, and retailers. His litigation and arbitration work spans credit card, lease-to-own, mortgage, debt collection, auto loan, and servicing matters. He represents clients in individual cases as well as class and mass actions, including actions brought under the TCPA, the FCRA, and corresponding state laws.
Alongside that work, Dan handles multiple multimillion-dollar portfolios of single-plaintiff litigation. The claims in those portfolios arise under the TCPA and FCRA and a range of other consumer finance laws, including the Truth in Lending Act, the Real Estate Settlement Procedures Act, the Fair Debt Collection Practices Act, the Electronic Funds Transfer Act, the Home Ownership and Equity Protection Act, the Equal Credit Opportunity Act, and the Alternative Mortgage Transaction Parity Act. They also involve the Uniform Commercial Code and state unfair, deceptive, or abusive acts or practices statutes.
Dan has trial experience in federal and state courts and substantial experience with JAMS and AAA arbitrations, including mass arbitrations. He also speaks to consumer financial services industry groups on emerging FCRA, TCPA, and arbitration issues.
Representative Experience
- Serves as national TCPA and FCRA counsel for multiple NYSE-listed financial services companies, a multinational leasing company, and an NYSE-listed solar energy company
- Serves as regional TCPA and FCRA counsel for several NYSE-listed, multinational financial services companies, and a private bank serving more than 50 million cardmembers
- Successfully negotiated zero dollar voluntary dismissal with prejudice of TCPA class action
- Successfully severed and obtained dismissals in multiple loan modification class actions
- Represented major university with data incident response plan
- Represented a national member organization in coordinating and managing response and audit requirements for a significant data incident
- Represented multiple entities in understanding responsibilities and coordinating response with respect to large health care data incident
- Successfully negotiated vendor contracts for a large company to impose responsibilities for research and repair associated with a volume member data incident upon appropriate vendors
- Revamped vendor contracts for third-party loan service provider to address data incident response plan and cost allocation
- Specialized Loan Servicing, LLC et al v. Washington (D.N.J. August 11, 2015): Reversing the decision of the U.S. Bankruptcy Court limiting the statute of limitations applicable to mortgage foreclosure and reinstating the mortgage lien
- Bendfeldt v. HSBC Mortgage Corp., No. 68, 2014 (Del. Supreme Court October 23, 2015): Affirming dismissal of foreclosure standing counterclaim on an issue of first impression
- Strubel v. Comenity Bank, 2015 WL 321859 (S.D.N.Y. 2015): Granting summary judgment and dismissing putative class action premised upon credit card disclosures
- Riddle v. Bank of America Corp., 588 Fed.Appx. 127 (3d Cir. 2014): Affirming dismissal of class action on statute of limitations grounds
- Simmsparris v. Countrywide Home Loans, Inc., 652 F.3d 355 (3d Cir. 2011): Resolving issue of first impression and affirming grant of summary judgment with respect to Fair Credit Reporting Act (FCRA) claim arising out of credit reporting on mortgage loan
- Burrell v. DFS Services, LLC, 2010 WL 4926704 (D.N.J. Dec. 6, 2010): Harmonizing apparently conflicting FCRA preemption provisions and dismissing state law claims as preempted by the FCRA
Honors & Recognition
- Chambers USA, Financial Services Regulation: Consumer Finance (Litigation) (Nationwide), 2025, 2026
- The Legal 500 US, finance - financial services: regulatory, 2017, 2022-2026; Dispute Resolution - Financial services litigation, 2022-2026
- Benchmark Litigation, "Future Star," 2018-2026; Under 40 Hot List, 2016
- The Pennsylvania Bar Association's Verdina Showell Pro-Bono Award, 2015
- The Legal Intelligencer's 2014 Lawyers on the Fast Track
- 2013 Sandra Day O’Connor Award for Professional Service by the American Inns of Court
- American Inns of Court Special Projects Award, 2012
- American Bar Association Star of the Year Award, 2010, 2011
- American Lawyer Media Unsung Heroes Award, 2010
- Pennsylvania Bar Association Special Achievement Award, 2010
- Ballard Spahr Allen Davis Pro Bono Award, 2009
- Pennsylvania Bar Association Michael K. Smith Pro Bono Award, 2008
- United States Park Police Award of Recognition, 2008
- American Bar Association Star of the Year Award, 2007
Professional Associations
- American Bar Association, Consumer Financial Services, Vice Chair of Programming, 2016-present
- American College of Consumer Financial Services Lawyers
- Temple American Inn of Court, Membership Chair
- American Bar Association Young Lawyers Division, former Executive Committee member
- Pennsylvania Bar Association Young Lawyers Division, former Executive Committee member
- Philadelphia Bar Association Young Lawyers Division, former Executive Committee member, Mentorship Co-Chair, and American Bar Association Liaison
- Ballard Spahr Hiring Committee, 2010-present
- Ballard Spahr Diversity Committee, 2006-2010
- Ballard Spahr Associates' Committee, Chair, 2006-2008
Speaking Engagements
Speaker, "TCPA Developments and Compliance Challengers," Mortgage Bankers Association's Regulatory Compliance Conference 2019, Washington, D.C., September 24, 2019
Co-author, "Eighth Circuit Rules Against Telemarketing Company on TCPA Claim, Yet Declares $1.6 Billion in Statutory Damages Unconstitutional," Ballard Spahr alert, July 23, 2019
Co-author, "SCOTUS Decision in Unsolicited Fax Case Could Have Broader TCPA Implications," Ballard Spahr alert, November 15, 2018
