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Robert W. Sparkes, III

Partner
+1.617.951.9134
Fax +1.617.951.3175
Mr. Sparkes is a partner in the Boston office of K&L Gates with extensive experience in complex civil and commercial litigation, including federal and state class action litigation. Mr. Sparkes is a member of the firm’s Financial Institution and Services Litigation group and the Class Action Litigation Defense group. He regularly represents banking, mortgage lending, mortgage servicing, consumer financial services institutions, and other business entities in consumer class actions and individual litigation matters in federal and state courts throughout the United States, including in Massachusetts, California, Missouri, Michigan, Connecticut, Ohio, Delaware, Maryland, Arizona, West Virginia, New Jersey, Vermont, Washington, Illinois, Pennsylvania, and New York. These actions often concern challenges under federal statutes, including the federal Real Estate Settlement Procedures Act, the Truth in Lending Act, the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the Racketeer Influenced and Corrupt Organizations Act, as well as state unfair and deceptive acts and practices statutes, and common law claims. Mr. Sparkes also has experience representing a variety of corporate and individual clients in contract, tort, class action, consumer protection, and other general business litigation and arbitration matters.

Professional Background

Prior to joining K&L Gates, Mr. Sparkes served as a Law Clerk for the Honorable Judge Joseph L. Tauro of the United States District Court for the District of Massachusetts, 2005-2006.

Professional/Civic Activities

  • American Bar Association
  • Boston Bar Association
  • Lawyers Have Heart 5K Road Race and Fundraising Event (Chairman, Captains Committee - 2016; Member, Captains Committee - 2015). 

Speaking Engagements

  • Defining or Challenging Class Membership: Evaluating Ascertainability, Overbreadth and Failsafe Class Issues, Strafford Webinar Presentation, by Ira Neil Richards, Robert W. Sparkes, III, and Andrew J. Trask, January 5, 2016
  • The Mortgage Lifecycle: Litigation Hotspots From Origination Through Foreclosure, Powerpoint Webinar Presentation, by Irene C. Freidel, Brian M. Forbes, Robert W. Sparkes, III, and Jennifer Janeira Nagle, February 24, 2016

  • Defend national mortgage loan servicer in nationwide class action alleging violations of the Real Estate Settlement Procedures Act, California’s Unfair Business Practices Act § 17200 and various common law claims in connection with mortgage loan servicing;
  • Defend national settlement service provider in putative class action in Massachusetts alleging claims for tortious interference with business expectancies and unfair and deceptive trade practices in violation of Mass. Gen. L. ch. 93A;
  • Defend national settlement service provider in individual action alleging violation of state unauthorized practice of law provisions in Massachusetts;
  • Defend national mortgage loan servicer in putative nationwide class action in New York alleging state common law and statutory claims related to charging of private mortgage insurance;
  • Defend sports entertainment company in putative class action in Connecticut alleging breach of contract and violations of state law regarding treatment of athletes as independent contractors;
  • Defend national mortgage loan servicers in putative class actions in Massachusetts, Delaware, Pennsylvania, and New York, among other states, alleging state and federal law claims in connection with servicer conduct under the Home Affordable Modification Program (“HAMP”);
  • Defend national mortgage loan servicer in putative class action in Missouri alleging violation of state law governing the origination of second mortgage loans;
  • Defend national mortgage loan servicer in putative class action in West Virginia alleging violation of state law governing debt collection and foreclosure and raising issues regarding the enforceability of mandatory arbitration provisions;
  • Defend national mortgage loan servicers in connection with various class actions concerning lender-placed insurance;
  • Defend national mortgage loan service in putative class actions addressing disclosures in loan modification agreements;
  • Defend national mortgage loan servicers in connection with various class actions alleging violations of the Fair Debt Collection Practices Act and state unfair and deceptive acts and practices statutes;
  • Defend loan servicers and investors in response to subpoenas and civil investigative demands from state attorneys general and banking regulatory agencies related to mortgage servicing and foreclosure issues;
  • Defend trustees for mortgage-backed securities trust and national mortgage loan servicers in individual actions alleging violation of state foreclosure laws, including litigation arising from challenges to trustees’ or servicers’ standing to foreclose under state law; and
  • Defend national mortgage loan servicers in connection with mass action litigation in several states, including New York and New Jersey, generally alleging challenges to the origination, securitization, servicing, loan modification, and foreclosure practices of mortgage loan servicers.