Stephen J. Bumgarner

Stephen is a Shareholder and member of the Complex and Commercial Litigation practice group. His expertise lies in handling complex issues and disputes at all levels and stages, including analyzing potential risks, resolving disputes before escalation, consulting on regulatory challenges and developments, and defending class actions and complex litigation matters across the United States.

Stephen’s experience encompasses the defense of hospitals, physicians, nurses, and other health care providers in medical malpractice actions. Over the years, he has obtained jury verdicts for physicians, finding no breach of the standard of care.  Stephen has also favorably resolved malpractice claims filed against hospitals, physicians, and nurses. Stephen also has substantial experience in representing financial services entities. With a consumer finance focus, Stephen helps fintech and traditional lenders maximize their business opportunities and minimize their regulatory and compliance risks. And, as a seasoned litigator, he has successfully defended national banks, financial institutions, installment lenders, mortgage lenders, mortgage servicers, fintech, and vehicle finance lenders in lawsuits asserting complex claims. He contributed as an author for the American Bar Association’s newly published State Consumer Protection Law treatise, which compiles the consumer laws of all 50 states and the District of Columbia.

Stephen has a particular interest in evolving markets, especially the cyber insurance industry, and currently serves as Interim Executive Director of the Cyber Insurance Professionals Association. He is passionate about the industry and regularly writes about relevant issues and developments. Over the years, Stephen has managed insurance claims, litigated coverage issues, defended the interests of insurers, and represented insureds in class action litigation and individual matters. He has been recognized by Best Lawyers for his insurance expertise for over ten consecutive years.

Stephen has been recognized by both The Best Lawyers in America© and Mid-South Super Lawyers. He has been elected as a Fellow of the American Bar Foundation and is rated AV-Preeminent by Martindale-Hubbell.

Community & Professional

• American Bar Association
• Alabama State Bar, Business Torts & Antitrust Law Section (Chair, 2017 to 2020)
• Birmingham Bar Association, Federal Practice Section (Secretary/Treasurer, 2017, Chair, 2020); Civil Courts Procedure Committee (Chair, 2017)
• Mississippi State Bar
• Tennessee State Bar
• Cyber Insurance Professionals Association (Interim Executive Director)
• Professional Liability Underwriting Society
• International Association of Defense Counsel (Former Member)

• In the U.S. District Court for the Western District of Washington, secured dismissal of TILA and RESPA claims asserted against a lender.
• Defeated action attempting to certify a nationwide class action against a mortgage servicer for claimed violations of the SCRA.
• Favorably resolved on an individual-basis a putative TCPA class action filed against a market research company.

• Obtained defense verdict for emergency room physician after multiple week medical malpractice jury trial.

• Favorably resolved medical malpractice actions filed against regional hospital for alleged breaches of standard of care.

• Secured dismissal of a FDCPA action filed against a loan servicer in the U.S. District Court for the District of Nevada.
• In the Appellate Division of the New York Supreme Court, obtained a reversal of adverse order entered by the trial court against a mortgage investor.
• In the U.S. District Court for the Southern District of New York, secured dismissal of a putative class action filed against a loan servicer for claimed deceptive trade practices and violations of state laws.
• Secured summary judgment dismissal of an action filed against a loan servicer asserting violations of the FDCPA.
• In the U.S. District Court for the Eastern District of New York, secured dismissal of RESPA § 1024.41(g) claim and state deceptive acts claim and favorably resolved remaining claims on an individual-basis.
• Defeated action seeking to certify a nationwide class action against a lender relating to post-petition, pre-confirmation claims in Chapter 13 bankruptcy proceedings.
• ​In the U.S. District Court for the Northern District of Georgia, secured dismissal of an action asserting a FCRA claim asserted against a lender.
• Defeated action seeking to certify a nationwide class action against a debt collection firm for claimed violations of RICO and the FDCPA, along with an unjust enrichment claim.
• In the Appellate Division of the New York Supreme Court, obtained reversal of an order granting borrowers’ motion for summary judgment on counterclaims asserted against lender.
• Defeated action seeking to certify a class action against a reverse mortgage lender relating to claimed unauthorized and/or excessive loan-related fees.
• Favorably resolved class action lawsuit against a nationwide pharmacy retailer relating to charges for copying and release of pharmacy records.
• Secured summary judgment for a nationwide lender in multiple fraud actions.
• Secured dismissal of multiple TILA actions brought against lender seeking rescission, monetary damages and other relief.
• Secured dismissal of lawsuit brought by the City of Birmingham against various lenders asserting a violation of the Fair Housing Act, as a result of allegedly engaging in “reverse redlining.”

Recognition

• Mid-South Super Lawyers in the areas of Business Litigation (2022), Consumer Law, and Class Action/Mass Torts (2017)
• The Best Lawyers in America© for Insurance Law (2011-present)
• Martindale-Hubbell® AV Preeminent Rated

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