FDCPA Class Actions: Latest Litigation Developments
Bringing and Defending Claims and Understanding the Impact of New Technologies and Large-Scale Debt Holdings
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide counsel with an overview of Fair Debt Collection Practices Act (FDCPA) class action claims. The panel will discuss recent class action cases and collection efforts, offer practical guidance for bringing and defending class actions, and outline how to minimize FDCPA exposure.
Overview of the FDCPA and class action litigation
- Overview of the common FDCPA class actions that are being prosecuted today
- Summary of class actions that are being certified, and those that are not
- Determining "net worth" in class actions
Challenges to FDCPA class actions
- Challenging the FDCPA class representatives
- Limitations on damage awards
- How Dukes and Jerman impact FDCPA class actions
- Original creditors and FDCPA class actions
- Challenges presented by the size of the class
Procedural Issues in FDCPA class actions
- Rule 68 offers
- Discovery issues
- The impact of the TCPA
Other complications in FDCPA class actions
- Compelling arbitration - the Concepcion case
- Obtaining class discovery in FDCPA class actions
The panel will review these and other key questions:
- What are the legal requirements of the FDCPA, and how are they being tested by modern information technology?
- What opportunities for plaintiff actions are being created by current regulatory trends?
- How does Wal-Mart v. Dukes aid FDCPA defendants attempting to defeat class certification?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Simmonds & Narita
He specializes in consumer financial services litigation, unfair competition and complex business disputes filed... | Read More
He specializes in consumer financial services litigation, unfair competition and complex business disputes filed against members of the credit and collection industry. He is a trial lawyer and litigator with years of experience representing creditors, national banks, debt buyers, finance companies, mortgage companies, collection agencies and collection law firms.Close
Joshua B. Swigart
Hyde & Swigart
His practice focuses on consumer protection matters, and has been involved with organizations such as the Office of... | Read More
His practice focuses on consumer protection matters, and has been involved with organizations such as the Office of the Public Defender in San Diego and the Turley Law Firm.Close
James A. Francis
Francis & Mailman
He focuses his practice in consumer protection litigation, with a particular concentration in fair credit reporting,... | Read More
He focuses 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 by numerous courts in Pennsylvania and other states. He is a frequent speaker for consumer financial services litigation CLE programs.Close
Maurice & Needleman
In over 25 years of practice, Mr. Maurice has successfully litigated for the financial services industry in both... | 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.Close