Daniel JT McKenna

Daniel JT McKenna devotes his practice to privacy and data security, consumer financial services, and mortgage banking litigation.

Dan's privacy practice focuses on new product and process design, privacy impact assessments and audits, privacy management and policy, incident planning, incident response and notification, third-party and vendor management, privacy counseling, regulatory comments, and litigation. His clients include banks, loan service providers, health care providers, manufacturers, colleges and universities, and member organizations.

As the former Practice Leader of the firm's Privacy and Data Security Group and leader of the Data Security Emergency Response Team, Dan has successfully assisted various entities in navigating the incident response process, including identifying an internal response team, classifying risk and exposure, evaluating and coordinating notice, managing forensic audits, negotiating vendor responsibility, and resolving litigation. He also has assisted clients with various regulatory filings and comments related to changes in privacy laws.

Dan's consumer financial services practice focuses on individual and class litigation and arbitration in mortgage, credit card, debt-collection, auto loan, and servicing matters. His clients include banks and nonbank lenders, mortgage lenders and servicers, third-party service providers, auto lenders, and repossession companies.

Dan regularly represents clients in a variety of individual and class action matters, including claims brought under the Telephone Consumer Protection Act (TCPA), Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Electronic Funds Transfer Act (EFTA), Home Ownership and Equity Protection Act (HOEPA), Equal Credit Opportunity Act (ECOA), Alternative Mortgage Transaction Parity Act (AMTPA), Uniform Commercial Code (UCC), and state Unfair, Deceptive, or Abusive Acts or Practices (UDAAP) statutes. Dan has trial experience in both federal and state courts and significant experience with JAMS and AAA.

• Assisted major university with data incident response plan
• Assisted a national member organization in coordinating and managing response and audit requirements for a significant data incident
• Assisted 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
• Successfully severed and obtained dismissals in multiple loan modification mass actions
• Successfully negotiated zero dollar voluntary dismissal with prejudice of TCPA class action
• 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 

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

Temple American Inn of Court, Membership Chair

American Bar Association Young Lawyers Division, former Executive Committee member

Pennsylvania Bar Association Young Lawyers Division, former Executive Committee member

Philadelphia Bar Association Young Lawyers Division, former Executive Committee member, Mentorship Co-Chair, and American Bar Association Liaison

Ballard Spahr Hiring Committee, 2010-present

Ballard Spahr Diversity Committee, 2006-2010

Ballard Spahr Associates' Committee, Chair, 2006-2008

Recognition & Accomplishments

The Legal 500 US, finance - financial services: regulatory, 2017

Benchmark Litigation, "Future Star," Litigation, 2018-2020; 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

2013 Sandra Day O’Connor Award for Professional Service by the American Inns of Court

Pennsylvania Super Lawyer, 2013-2014; Rising Star, 2011-2012

American Inns of Court Special Projects Award, 2012

American Bar Association Star of the Year Award, 2010, 2011

American Lawyer Media Unsung Heroes Award, 2010

Pennsylvania Bar Association Special Achievement Award, 2010

Ballard Spahr Allen Davis Pro Bono Award, 2009

Pennsylvania Bar Association Michael K. Smith Pro Bono Award, 2008

United States Park Police Award of Recognition, 2008

American Bar Association Star of the Year Award, 2007

Publications & 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

Co-author, "Dish Network Liable for $61 Million in Treble Damages for Service Provider's TCPA Violations," Ballard Spahr alert, May 31, 2017

Co-author, "FCC Cannot Require Opt-Out Notice on "Solicited" Fax Ads, D.C. Circuit Holds," Ballard Spahr alert, April 5, 2017

Co-author, "Ninth Circuit to Decide Key TCPA Insurance Issue," Ballard Spahr alert, February 22, 2017

Co-author, "DC Circuit Hears TCPA Oral Argument," Ballard Spahr alert, October 26, 2016

Co-author, "D.C. Circuit Holds CFPB Structure Unconstitutional, Interpretation of RESPA Not Entitled to Deference," Ballard Spahr alert, October 12, 2016

Co-author, "FCC Ruling Clarifies TCPA for Schools and Utilities," Ballard Spahr alert, August 9, 2016

Co-author, "FTC Backs FCC’s Proposed Rule on TCPA Amendments for Calls Collecting Government Debt," Ballard Spahr alert, June 22, 2016

Co-author, "Modernize TCPA, ACA International Urges in White Paper," Ballard Spahr alert, June 7, 2016

Co-author, "TCPA Under Scrutiny in Court and by Senate," Ballard Spahr alert, May 24, 2016

Co-author, "New Guidance Issued on FCRA Compliance in Employee Screening," Ballard Spahr alert, May 13, 2016

Co-author, "FCC’s Proposed Regulations Would Gut TCPA Exception for Debts Owed to or Guaranteed by U.S., " Ballard Spahr alert, May 12, 2016

Co-author, "Class Certification Improper in Data Breach Case, PA Appellate Court Finds," Ballard Spahr alert, May 4, 2016

Co-author, "European Parliament Adopts EU General Data Protection Regulation; 12 Steps Businesses Should Take Now," Ballard Spahr alert, April 21, 2016

Co-author, "TCPA Exemption for Collection of Federal Debts Applies Retroactively, CA Federal Court Rules," Ballard Spahr alert, April 18, 2016

Presenter, "Information Security and Human Resources," Ballard Spahr webinar, March 16, 2016

Co-author, "FCC Chairman Previews Proposed Regulations for Implementing New TCPA Exemptions," Ballard Spahr alert, March 15, 2016

Co-author, "EU-U.S. Privacy Shield Framework Text Published: Imposes New Obligations on U.S. Entities that Seek Data Transfers from the EU," Ballard Spahr alert, March 8, 2016

Co-author, "CFPB Initiates Its First Data Security Enforcement Action," Ballard Spahr alert, March 3, 2016

Co-author, "California Data Breach Report Defines “Reasonableness” Standard for Data Protection," Ballard Spahr alert, March 2, 2016

Co-author, "President Obama Gives EU Citizens Judicial Redress for Privacy Violations," Ballard Spahr alert, March 1, 2016

Co-author, "Creditor Can Obtain TCPA "Prior Express Consent" Through Intermediary, Sixth Circuit Rules," Ballard Spahr alert, February 26, 2016

Co-author, "President Creates Cybersecurity National Action Plan and Commission on Enhancing National Cybersecurity," Ballard Spahr alert, February 24, 2016

Co-author, "DOJ/DHS Issue Interim Guidance on Implementation of Cybersecurity Information Sharing Act," Ballard Spahr alert, February 23, 2016

Presenter, "Regulatory and Foreclosure Law Updates," National Mortgage Servicing Conference & Expo 2016, Orlando, Florida, February 18, 2016

Co-author, "From Safe Harbor to Privacy Shield: New EU-U.S. Agreement for Transatlantic Data Flows," Ballard Spahr alert, February 9, 2016

Co-author, "Ninth Circuit Rejects Attempt to Challenge FCC Order on TCPA," February 8, 2016

Co-author, "Unaccepted Rule 68 Offer Does Not Moot a Plaintiff's Claims, U.S. Supreme Court Rules," Ballard Spahr alert, January 21, 2016

Co-author, "Use of Big Data May Violate Federal Consumer Protection Laws, FTC Report Warns," Ballard Spahr alert, January 13, 2016

Co-author, "Data Security for Mortgage Companies: A Focus on Employees,"Mortgage Compliance Magazine, December 2015

Co-author, "FCC Gave Entities Six Months to Comply with Order Requiring Opt-Out Notices for Faxed Ads Sent with Prior Consent under TCPA," Consumer Finance Law Quarterly Report, October 2015

Co-author, "Pennsylvania County Recorder Cannot Sue MERS for Failure to Record Mortgage Assignments, Third Circuit Rules in Overturning Oft-Cited District Court Opinion," Consumer Finance Law Quarterly Report, October 2015

Presenter, "Cyber Security:Practical Protection for The Modern Age," The Philadelphia CFO Leadership Council, Philadelphia, October 8, 2015

Co-author, "Third Circuit Rules that FTC Can Regulate Cybersecurity Practices," Consumer Finance Law Quarterly Report, October 2015

Presenter, "Emerging Trends in Mortgage Litigation" MBA Regulatory Compliance Conference, Washington, D.C., September 21, 2015

Presenter, "TCPA Litigation Trends: the Emergence of the State Mini-TCPA," MBA Legal Issues and Regulatory Compliance Conference, Chicago, May 5, 2015

Co-author, "FCC Seeks Comments on Easing TCPA Requirements for Educational Organizations," Ballard Spahr alert, March 27, 2015

Presenter, "The New Mortgage Servicing Rules – What You Need To Know NOW," Ballard Spahr webinar, March 9, 2015

Co-author, "President Obama Proposes Consumer Privacy Bill of Rights," Ballard Spahr alert, March 6, 2015

Co-author, "Anthem's Breach: How Employers Should Respond," Ballard Spahr alert, February 10, 2015

Co-author, "Internet of Things: Federal Agencies Offer Privacy and Data Security Best Practices," Ballard Spahr alert, January 29, 2015

Co-author, "NY Attorney General to Propose Bill to Strengthen Cybersecurity," Ballard Spahr alert, January 27, 2015

Co-author, "President Obama's 2015 Priorities Include Cybersecurity," Ballard Spahr alert, January 22, 2015

Presenter, "Mortgage Servicing Litigation," Ballard Spahr webinar, November 19, 2014

Co-author, "Massive Hacking Operation Further Reveals Weakness of Passwords," Ballard Spahr alert, August 11, 2014

Presenter, "Oil and Gas Exploration for Mortgage Bankers," Ballard Spahr webinar, April 22, 2014

Presenter, "The CFPB's Fair Credit Reporting Act Bulletin: What the CFPB Expects from Furnishers," Ballard Spahr webinar, November 18, 2013

Presenter, "Limiting Your Exposure to TILA Rescission Demands," Ballard Spahr webinar, August 13, 2013

"The CFPB and Privilege – T Fight Isn’t Over," CFPB Monitor, January 11, 2013, Conference on Consumer Finance Law 2013 Quarterly Report

Panelist, "The Explosion in Residential Mortgage Litigation: What Explains the Recent Trends and Spike in Filings?" Mortgage Daily and Ballard Spahr webinar, May 30, 2012

Presenter, "The Nuts and Bolts of Arbitrating Consumer Disputes," Ballard Spahr webinar, February 7, 2012

"Mortgage Program’s Success at Odds with Waive of Litigation," The Legal Intelligencer, February 2012

Presenter, "Challenging Progress: County Recorder Lawsuits against MERS," Practising Law Institute, January 20, 2012

"CFPB Early Warning Notice," CFPB Monitor, November 11, 2011

"Rhetoric to Change," CFPB Monitor, November 8, 2011

Presenter, "Foreclosure Litigation: Status of MERS Litigation, Robo-Signing and Loan Modification Class Actions," Bridgeport CLE, Phoenix, November 11, 2011

Presenter, "The Business of You: Thriving at a Big Law Firm," ABA Law Firm Marketing Strategies Conference, Philadelphia, November 8, 2011

"Litigation, Subprime Lending and the Financial Crisis," The Philadelphia Lawyer, Winter 2009

Community Activities

Coaches Ballard Spahr-sponsored Constitution High School mock trial team

Board Memberships

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

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)

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