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Jason W. McElroy

Jason McElroy

Jason W. McElroy

Member

Contacts

1300 19th Street NW, 5th Floor
Washington, DC 20036-1609

Jason represents companies in the financial services and housing industries in state and federal litigation, class action litigation, government investigations, and internal investigations.  Jason has represented clients before the U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), Department of Housing and Urban Development (HUD), and the Consumer Financial Protection Bureau (CFPB), as well as analogous state agencies and state Attorneys General.  Jason represents clients in a wide range of federal and state matters, including consumer protection statutes, unfair trade practices, the False Claims Act, the Program Fraud and Civil Remedies Act, business and contract disputes, and financial regulatory statutes such as RESPA and TILA.

In addition to his litigation practice, Jason also provides regulatory counsel to financial companies regulated by the CFPB, including  preparing clients for regulatory examinations and representing them in investigations and targeted reviews.  Jason regularly speaks at industry functions nationwide regarding regulatory and litigation matters affecting the financial services industry.  Jason has served on the Editorial Advisory Board for Banking Law 360 and currently serves as a young lawyer liaison to the American Bar Association’s Consumer Financial Services Committee.  Jason has been recognized as a Rising Star for the years 2014 through 2017 by Washington, DC Super Lawyers Magazine, a Thomson Reuters service.

Practice Areas

Education

  • American University, Washington College of Law, J.D., 2005
  • DePauw University, B.A., 2002

Admissions

  • District of Columbia
  • New York
  • Virginia
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Maryland
  • U.S. District Courts for the Eastern and Southern Districts of New York
  • U.S. District Court for the Northern District of Texas
  • U.S. District Courts for the Eastern and Western Districts of Virginia

Representative Matters

Trial Courts

  • Defended financial institutions against False Claims Act allegations regarding government-insured loan programs
  • Defended home services company against class allegations of federal RICO violations and state consumer protection law violations
  • Represented appraisal management company in federal antitrust action against state board of licensing
  • Represented financial institutions in matters involving misappropriation of loans, trade secrets, and unfair and anti-competitive business practices
  • Defended financial institution against class allegations of Telephone Communications Protection Act violations
  • Defended financial institution against state government allegations of Truth in Lending Act violations
  • Defended homebuilders and lenders against state and federal allegations of fair housing violations
  • Defended real estate broker against class allegations under RESPA and the New Jersey Consumer Fraud Act
  • Defended mortgage lenders against repurchase demands in federal and state court
  • Defended mortgage lenders against allegations of fraud in the origination of reverse mortgage loans
  • Represented commercial lender in litigation arising out of commercial finance agreements
  • Represented lenders in actions seeking compensation from insurance companies where claims have been denied under fidelity bonds

Appellate Courts

  • Represented clients in Virginia Supreme Court
  • Defended real estate company against class allegations of foreclosure errors in Maryland Court of Special Appeals
  • Defended real estate broker against class allegations of RESPA and New Jersey Consumer Fraud Act violations in United States Court of Appeals for the Third Circuit and New Jersey Appellate Division
  • Represented loan servicer in United States Court of Appeals for the D.C. Circuit

Government and Internal Investigations

  • Represented financial services companies during investigations conducted by the CFPB
  • Represented homebuilders and mortgage lenders in investigations brought by the FTC
  • Represented mortgage lenders in investigations and administrative proceedings conducted by HUD
  • Represented mortgage lenders and servicers in HUD OIG investigations
  • Represented financial services companies in DOJ investigations
  • Represented financial services companies in state licensing board investigations
  • Represented homebuilder in state Attorneys General investigations
  • Assisted financial institutions with internal investigations into allegations of employee fraud
  • Assisted financial institutions with internal investigations and response to data breaches

Publications

  • Chapter contributor, Real Estate and Mortgage Banking: A New Era of Regulatory Reform (Thomson Reuters 2017-2018)
  • Co-author, Implied False Certification Liability under the False Claims Act after Escobar, Journal of Taxation and Regulation of Financial Institutions (Fall 2016)
  • Co-author, New Federal Trade Secret Legislation Could Have Major Impact on Mortgage Recruiting Efforts, Mortgage Compliance Magazine (October 2016)
  • Co-author, Deceptive Advertising Practices Remain Hot Target for CFPB, 68 Consumer Finance Law Quarterly, No. 4 (2015)
  • Co-author, CFPB Continues to Push HUD’s Sham ABA Policy, Mortgage Compliance Magazine (April 2015)
  • Co-author, Lenity and Deference on A Collision Course, Banking Law 360 (February 26, 2015)
  • Co-author, Recent Advertising Rulings Emphasize Need for Strong Marketing Compliance Review Policies and Procedures, Mortgage Compliance Magazine (August 2014)
  • Co-author, Federal Court Rejects HUD’s Sham ABA Policy, Mortgage Compliance Magazine (March 2014)
  • The War on the Illegal Antiquities Trade: Rules of Engagement for Source Nations, 27 Hastings COMM/ENT L.J. 547 (2005)

Recognition

  • Rising Star, Washington, DC, Super Lawyers Magazine, 2014-17 (Super Lawyers recognition is a Thomson Reuters service)

Affiliations

  • American Bar Association, Consumer Financial Services Committee
  • Mortgage Bankers Association