Consumer Finance Class Actions: Pursuing or Defending FDCPA, FCRA, and TCPA Claims
Continuing Guidance From Spokeo, Campbell-Ewald, Tyson Foods, Obtaining Favorable Results During Class Certification and Settlement
Recording of a 90-minute CLE webinar with Q&A
This CLE course will examine the class action claims alleging violations of federal consumer protection laws governing the financial services industry, including the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), and other similar statutes and regulations. The panel will review the impact of Supreme Court decisions and discuss practical strategies and approaches for pursuing or defending claims, including navigating the thorny issues that arise regarding class certification and settlement.
Outline
- Recent and emerging trends and developments in consumer finance class actions
- FDCPA
- FCRA
- TCPA
- Class certification
- Plaintiff considerations and strategies
- Defense considerations and strategies
- Settlement
- Plaintiff considerations and strategies
- Defense considerations and strategies
Benefits
The panel will review these and other key issues:
- What are the latest trends and developments in consumer finance class action claims under the FDCPA, FCRA, and TCPA?
- What impact has the U.S. Supreme Court's decisions in Spokeo, Campbell-Ewald, and Tyson Foods had on consumer finance class actions?
- How have the lower courts applied Wal-Mart during class certification in consumer finance class actions?
- How have plaintiff attorneys attempted to distinguish Wal-Mart?
- What are the strategic benefits of settling with a class representative, and how are offers of judgment being used in settlements?
Faculty
James A. Francis
Co-Founder
Francis Mailman Soumilas
Since 1998, Mr. Francis has focused his practice in consumer protection litigation, with a particular concentration in... | Read More
Since 1998, Mr. Francis has focused his practice in consumer protection litigation, with a particular concentration in fair credit reporting, fair debt collection practices and consumer class actions. He has been certified to serve as class counsel in over 35 consumer class actions and has served as counsel the some of the largest FCRA settlements in history. Mr. Francis is a frequent speaker for consumer financial services litigation CLE programs.
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Donald Maurice
Principal
Maurice Wutscher
In over 25 years of practice, Mr. Maurice has successfully litigated for the financial services industry in both state... | Read More
In over 25 years of practice, Mr. Maurice has successfully litigated for the financial services industry in both state and federal courts. He has provided defense for claims brought under the Truth in Lending Act, Equal Credit Opportunity Act, FDCPA, Fair Credit Reporting Act, New Jersey Consumer Fraud Act, Magnuson-Moss Act and other state consumer lending regulations. Mr. Maurice frequently speaks to national audiences on topics relevant to the financial services industry.
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Joseph F. Yenouskas
Partner
Goodwin Procter
Mr. Yenouskas, a Partner in the firm’s Consumer Financial Services Litigation Group, focuses on general... | Read More
Mr. Yenouskas, a Partner in the firm’s Consumer Financial Services Litigation Group, focuses on general civil litigation in federal and state trial and appellate courts, with a particular emphasis on defending financial institutions and mortgage lenders in complex consumer class action lawsuits. Mr. Yenouskas has litigated cases arising under TILA, RESPA, FDCPA, FCRA and FHA, state and federal unfair and deceptive practice statutes, and common law.
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