Melinda (Mindy) J. Morales
Mindy is an accomplished litigator with 20 years of experience representing businesses and individuals in a broad range of complex class action and commercial litigation matters involving, the Employee Retirement Income Security Act (ERISA); the Fair Labor Standards Act (FLSA); the Fair Credit Reporting Act (FCRA), including the Fair and Accurate Credit Transactions Act (FACTA); the Truth in Lending Act (TILA); the Telephone Consumer Protection Act (TCPA); and related consumer protection statutes.
Having started her career working exclusively on class action litigation in the areas of securities, antitrust and consumer fraud, Mindy has handled matters in state and federal courts throughout the United States at the trial and appellate levels. She has played a leading role in briefing, arguing, and developing appellate arguments in high profile class action and other litigation. Mindy has also handled policyholder insurance coverage disputes and led clients through successful mediations.
Among her client successes, Mindy recently defended a pension fund consultant in a $100,000,000 ERISA breach of fiduciary duty action which ultimately settled favorably for the client. Mindy also represented a trustee financial institution in an ERISA breach of fiduciary duty class action, for which she handled mediation which led to a favorable resolution. Mindy also settled class action claims against a client who allegedly failed to properly truncate customer credit card information in violation of the FACTA statute.
Mindy has played a leading role in obtaining many significant published opinions, including:
- U.S. Bank v. Manzo, 2011 IL App. (1st) 103115 (clarified method for giving notice of rescission under TILA)
- Cohen v. Compact Power Systems, LLC, 382 Ill. App.3d 104 (1st Dist. 2008) (affirmed dismissal of class action complaint)
- Akinyemi v. JPMorgan Chase Bank, N.A., 391 Ill.App.3d 334 (1st Dist. 2009) (affirmed dismissal of class action complaint)
Mindy has also written extensively on various class action and other litigation topics, including:
- NLRB Throws Cold Water on Mandatory Arbitration Provisions Prohibiting Class Actions in Employment Agreements
- Contractual Good Faith: Having Rights Doesn't Necessarily Mean You Can Use Them
- Reminder to Merchants: Your Receipts Must Truncate Credit and Debit Card Numbers as well as Expiration Dates
- Merchants Don't Be Caught Off Guard: Unsolicited Advertising in Faxes and Text Messages Expose You to Class Action Litigation
- Consumer Class Action Litigation: Manage Your Exposure with Mandatory Arbitration and Class Action Waivers
While in law school, Mindy was a member, and later a student director, of the Philip C. Jessup International Law Moot Court.
- Chicago Bar Association, Class Action Committee (Vice Chair, 2005-2006) and Alliance for Women
- American Bar Association, Section of Litigation, Former Editorial Board Member and Newsletter Co-Editor for the Consumer and Personal Rights Committee (2003-2005)
Mindy is a member of the firm’s Social Responsibility Committee and is a longtime supporter of community organizations serving those in need. An avid runner, she has raised funds as a charity runner for LUNGevity and the American Liver Foundation.