Martin C. Bryce, Jr.

Partner
Philadelphia

Martin C. Bryce, Jr. has a diverse practice focused on mortgage-related litigation, including complex foreclosures, credit card-related litigation, auto-finance related litigation, arbitration, commercial law, and class action defense.

Marty has represented lenders and servicers in a variety of mortgage-related litigation, including cases involving claims and defenses under the federal Truth in Lending Act (TILA), the federal Real Estate Settlement Procedures Act (RESPA), the Home Ownership and Equity Protection Act (HOEPA), and various state laws. He has successfully tried several mortgage-related cases, including numerous complex foreclosure actions and lender liability actions. Marty has successfully tried cases before juries in both federal and state courts.

Experience 

Representative Matters

Mortgage-Related Litigation

  • In re Community Bank of N. Va. HOEPA Litig., MDL (W.D. Pa.) (successfully represented lender in nationwide class action seeking nearly $1 billion in damages)
  • Crawford v. Franklin Credit Man. Corp., 2016 WL 877874 (2d Cir. March 16, 2016) (affirming judgment after jury trial in favor of defendant on numerous federal and state law claims arising out of origination of loan and foreclosure)
  • Aurora Loan Serv. v. Taylor, 25 N.Y.3d 355 (2015) (ruling in favor of mortgage lender on issue of first impression on which lower New York courts had been split)

Credit Card-Related Litigation

  • Strubel v. Comenity Bank, 842 F.3d 181 (2d Cir. 2016) (resolving issue of first impression under the TILA and also issues of first impression concerning standing to bring suit in federal court)
  • Gordon v. Kohl's Department Stores, Inc., 2017 WL 3390269 (E.D. Pa. Aug. 7, 2017) (granting summary judgment with respect to claims in which plaintiffs sought tens of millions of dollars in damages in this putative class action)
  • 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)
  • Peoples v. Discover Fin. Serv., 2010 WL 2812906 (3d Cir. July 19, 2010) (affirming entry of summary judgment on Americans with Disabilities Act and state law claims arising from plaintiff's alleged use of a credit card to pay a prostitute)
  • Reyes v. World Fin. Network Bank, 2011 WL 6101910 (D.N.J. Dec. 7, 2011) (dismissing federal Fair Debt Collection Practices Act and invasion of privacy claims premised upon collection calls)

Significant Decisions Enforcing Arbitration Provisions

  • Checking Account Overdraft Litig. v. Huntington Bancshares Inc., 734 F. Supp. 2d 1294 (S.D. Fla. 2010) (in MDL challenging overdraft fees, the Court granted only one motion to compel arbitration which Marty had filed and argued)
  • Banks v. Barclays Bank Credit Servs., 2018 U.S. Dist. LEXIS 186588 (M.D. Pa. Oct. 30, 2018) (compelling arbitration)
  • Gedid v. Huntington Nat'l Bank, 2012 U.S. Dist. LEXIS 27715 (W.D. Pa. Feb. 10, 2012) (granting motion to compel arbitration)

Class and Commercial Actions

  • Gardner v. GMAC, Inc., 796 F.3d 390 (4th Cir. 2015) (affirming summary judgment in class action arising out of auto-repossession notices)
  • Vallies v. Sky Bank, 591 F.3d 152 (3d Cir. 2009) (resolving issue of first impression and affirming grant of summary judgment on TILA actual damages claim concluding that a plaintiff must plead and prove detrimental reliance in order to recover actual damages under TILA)
  • In re MasterCard International, Inc., Internet Gambling Litig., 313 F.3d 257 (5th Cir. 2002) (affirming dismissal of class action complaint)

Professional Highlights

Judicial Clerkships

Hon. John P. Fullam, U.S. District Court for the Eastern District of Pennsylvania, 1990-1991

Professional Activities

American Bar Association, Litigation Section

Pennsylvania Bar Association

Conference on Consumer Finance Law

Recognition & Accomplishments

Benchmark Litigation, "Local Litigation Star," General Commercial Litigation, 2015-2021

Speaking Engagements

Marty regularly speaks at seminars and symposiums regarding issues that arise in mortgage and credit card-related litigation.

Board Memberships & Community Service

Marty is active in the alumni associations of both Drexel University and Villanova University School of Law.

Publications

"The CFPB's Consumer Arbitration Study Takes Center Stage," The Business Lawyer, February 2016

"2014 Arbitration Developments – Courts Continue to Apply Concepcion and Italian Colors," The Business Lawyer, February 2015

"Eighth Circuit TILA Rescission Decision Rejects CFPB Position," Quarterly Report of the Conference on Consumer Finance Law, June 2014

Credentials 

Education

Villanova University School of Law (J.D. 1990)
Member, Villanova Law Review; Member, Order of the Coif

Drexel University (B.S. 1987)

Admissions

New Jersey

Pennsylvania