Daniel JT McKenna

Partner He / Him / His

Philadelphia

Tel 215.864.8321
Fax 215.864.8999

Daniel JT McKenna is the co-chair of the firm’s nationally recognized Consumer Financial Services Group.

Dan focuses his practice on consumer financial services litigation and compliance. He advises on Telephone Consumer Protection Act (TCPA), Fair Credit Reporting Act (FCRA), and servicing compliance and represents clients in individual and class litigation and arbitration in credit card, lease to own, mortgage, debt collection, auto loan, and servicing matters. His clients include banks and nonbank lenders, LTO and RTO, mortgage lenders and servicers, third-party service providers, auto lenders, and retailers.

Services

Experience

Representative Matters

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
MidFirst Bank v. Biller, No. 13-10-13, 2010 WL 5060629 (Ohio App. 2010): Affirming decision denying class certification where trial court would have had to consider oral agreements to pay counsel fees and the parol evidence rule did not bar such consideration
Cronin v. CitiFinancial, Inc., 352 Fed. Appx. 630 (3d. Cir. 2009): Upholding the enforceability of an arbitration agreement and class action waiver in a consumer loan prior to Concepcion
Vega Soto v. Bank of Lancaster County, No. 08-1907, 2010 WL 1257666 (E.D. Pa. 2010): Dismissing class action complaint because insufficient funds fees charged for debit card and ATM transactions do not constitute extensions of credit in violation of the Federal Truth in Lending Act or the National Bank Act
White v. Conestoga, 53 A.3d 720 (Pa. 2012): Reversing superior court’s reversal of denial of motion for class certification because non-statutory claims were barred as a result of the borrowers’ failure to first pursue the available administrative remedy
Poray v. Altimate Discount Mortgage, No. OCN-L-1443-06 (N.J. Super. Law Div.): Granting summary judgment on multimillion-dollar claim due to plaintiff's participation in mortgage fraud because plaintiff cannot benefit from his own misconduct

Professional Highlights

Pro Bono Experience

Dan is the president of the Wills for Heroes Foundation, a national nonprofit that provides estate-planning documents for veterans, first responders and emergency personnel. Ballard Spahr has joined him in this effort by naming Wills for Heroes as the firm's public service project.

Dan was honored with the American Inns of Court's 2013 Sandra Day O'Connor Award for Professional Service for his work with Wills for Heroes.

Judicial Internships

Hon. Joseph E. Irenas, U.S. District Court for the District of New Jersey, 2003-2004

Professional Activities

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

Recognition & Accomplishments

The Legal 500 US, finance - financial services: regulatory, 2017, 2022-2024; Dispute Resolution - Financial services litigation, 2022-2024

Benchmark Litigation, "Future Star," 2018-2025; 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

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

Board Memberships & Community Service

Wills for Heroes Foundation, President

Clarifi (nonprofit that assists consumers struggling with debt and provides financial literacy programs to help them gain control of their finances)

Temple Law Alumni Association, former Executive Committee member

Variety: The Children's Charity, Young Variety Division, former Executive Committee member

Related Insights

Credentials

Education

Temple University James E. Beasley School of Law (J.D., cum laude, 2004)
Symposium Editor, The Political and Civil Rights Law Review; published major symposium, "Vision and Revision: The Fourteenth Amendment;" Member, National Trial Team (Regional Champion, 2004); President, Student Bar Association

The Catholic University of America (B.A., cum laude, 1999)

Admissions

New Jersey

Pennsylvania

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Middle District of Pennsylvania

U.S. District Court for the Western District of Pennsylvania

U.S. District Court for the Southern District of Indiana

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Eastern District of Michigan

U.S. Court of Appeals for the Third Circuit

U.S. Bankruptcy Court for the District of New Jersey

U.S. Bankruptcy Court for the Eastern District of Pennsylvania