Stephen J. Bumgarner
Shareholder
PROFILE
EXPERIENCE
AWARDS
AFFILIATIONS
SPEAKING ENGAGEMENTS

Stephen’s Profile

Stephen is a Shareholder and member of the Insurance and Financial Services Litigation practice group. He represents clients in the financial services sector and his practice encompasses business litigation, class actions and complex commercial disputes. In addition, Stephen’s practice encompasses the representation of restaurant entities and manufacturers in a cross-section of litigation matters.

As a seasoned litigator, Stephen has successfully defended complex allegations for clients including national banks and financial institutions, short and long-term lenders, mortgage lenders (forward and reverse), mortgage servicers, and vehicle finance entities. Stephen has a significant courtroom presence, having tried numerous jury and bench trials.

Through an Act of the Alabama Legislature, Stephen was appointed as a member of a committee tasked to study the feasibility of creating a business litigation and complex litigation court in the State of Alabama. As a member of the committee, he studied the potential benefits, detriments and the scope of a business litigation or complex litigation court while working to identify the resources needed to create such a court. He and the committee reported their findings and recommendations to the Legislature. In addition, Stephen recently authored a portion of an upcoming supplement to the American Bar Association’s Consumer Protection Law Developments (Second Edition) treatise, which provides a summary of court decisions, enforcement actions, agency regulations and guidelines in the consumer protection area of the law.

Stephen has been recognized by both The Best Lawyers in America© and Mid-South Super Lawyers. Additionally, he is rated AV-Preeminent by Martindale-Hubbell.

Stephen received his J.D. from the University of Alabama School of Law and his B.A. from the University of Alabama.

 

Stephen’s Experience

  • Defeated action seeking to certify a nationwide class action against a lender relating to post-petition, pre-confirmation claims in Chapter 13 bankruptcy proceedings.
  • ​Defeated action seeking to certify a nationwide class action against a debt collection firm for claimed violations of FDCPA, RICO, and unjust enrichment.
  • 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 summary judgment for Alabama manufacturer in action alleging retaliatory discharge.
  • 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 alleging violation of the Fair Housing Act, as a result of allegedly engaging in “reverse redlining.”

Stephen’s Awards

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

Stephen’s Affiliations & Civic Involvement

Affiliations

  • American Bar Association
  • Alabama State Bar, Business Torts & Antitrust Law Section (Chair, 2017)
  • Birmingham Bar Association, Federal Practice Section (Secretary/Treasurer, 2017); Civil Courts Procedure Committee (Chair, 2017)
  • Mississippi State Bar
  • International Association of Defense Counsel
  • Alabama Defense Lawyers Association
  • Defense Research Institute, Commercial Litigation Committee

Civic Involvement

  • March of Dimes, Board of Directors (2014-2016)

Stephen’s Speaking Engagements

  • Speaker, Lend360 Conference, October 5, 2016
  • Speaker, The Alabama State Bar 2016 Annual Meeting and Legal Expo, June 22, 2016
  • Speaker, AFSA Vehicle Finance Conference, “The Telephone Consumer Protection Act – Roundtable Compliance Discussion,” March 20, 2016
  • Speaker, OLA Webinar, “The Telemarketing Sales Rules’ New Prohibitions on Certain Payment Methods,” February 14, 2016
  • Speaker, The Alabama State Bar 2015 Annual Meeting and Legal Expo (Panel addressing developments in business and consumer-related litigation)
CONTACT
T 205.254.1878
vCard
BAR ADMISSIONS
State Bar:Alabama, Mississippi, Tennessee
EDUCATION
University of Alabama School of Law (1992, J.D.)
University of Alabama (1988, B.A.)
News
MAYNARD COOPER & GALE RECEIVES RECOGNITION IN RECENT U.S. NEWS/BEST LAWYERS “BEST LAW FIRMS” AND SUPER LAWYERS LISTINGS
The recently released edition of the U.S. News-Best Lawyers® “Best Law Firms” positions Maynard Cooper in the National Tier Rankings in 10 areas of practice, including Commercial Litigation, Corporate Law, Land Use & Zoning Law, L...
Blog
FinCEN Issues Substantial Money Penalty for Failure to Implement Adequate Anti-Money Laundering Program
The Financial Crimes Enforcement Network (FinCEN) recently assessed a significant civil penalty against a nationwide bank pursuant to the Bank Secrecy Act (BSA) and related regulations.  FinCEN has the authority to assess civil money penaltie...
Blog
NULLIFICATION OF THE CFPB'S ARBITRATION AGREEMENTS RULE
The CFPB was established on July 21, 2010, under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act).[i]  The CFPB was established as an independent bur...
Blog
CFPB REMARKS SIGNAL REGULATIONS COVERING COLLECTION EFFORTS BY ORIGINAL CREDITORS
As a positive for many lenders, SCOTUS recently issued an opinion explaining that the FDCPA applies to third-party collection agents working for a debt owner – not a lender who originally lent the money or some other entity who later purchases the...
Blog
SCOTUS PROVIDES SOME CLARITY ON THE LIMITS OF THE FDCPA'S REACH
In his first opinion on the U.S. Supreme Court, Justice Neil Gorsuch addressed the question concerning who qualifies as a “debt collector” and, therefore, is subject to the FDCPA’s rigors. In framing that question, Justice Gorsuch wrote that e...
News
116 MAYNARD COOPER & GALE ATTORNEYS RECOGNIZED IN THE 2019 BEST LAWYERS IN AMERICA©
Birmingham, AL. Maynard Cooper & Gale is pleased to announce that 116 of the Firm’s attorneys have been recognized as leaders in their areas of practice in the 2019 edition of The Best Lawyers in America©. Included in...