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


Conducted on Thursday, November 8, 2012

Recorded event now available

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Program Materials

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.

Description

Debt collectors face a wave of challenges from consumers. The FTC receives more complaints about debt collection than any other industry. The FDCPA is a frequent battleground, with provisions that provide consumers an avenue to dispute and demand validation of debts.

New challenges are arising under the FDCPA as the third-party debt collection industry transforms itself. E-mail, voice-mail, mobile phones and social media are changing communications by collectors and consumers alike. Information technology is leveraged to allow purchases of large debt portfolios.

As the industry changes, so does FDCPA litigation and regulation. State courts are increasingly being used as forums to collect debt, while attorneys acting as debt collectors must be prepared for the possibility they may be sued in a debt dispute.

Listen as our panel of plaintiff and defendant attorneys reviews how modern technology, enforcement efforts and case law are impacting FDCPA enforcement. The panel will identify best practices for those seeking class actions in the new consumer debt environment and discuss collector efforts to prevent and defend against such litigation.

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Outline

  1. Overview of the FDCPA and class action litigation
    1. Overview of the common FDCPA class actions that are being prosecuted today
    2. Summary of class actions that are being certified, and those that are not
    3. Determining "net worth" in class actions
  2. Challenges to FDCPA class actions
    1. Challenging the FDCPA class representatives
    2. Limitations on damage awards
    3. How Dukes and Jerman impact FDCPA class actions
    4. Original creditors and FDCPA class actions
    5. Challenges presented by the size of the class
  3. Procedural Issues in FDCPA class actions
    1. Rule 68 offers
    2. Discovery issues
    3. The impact of the TCPA
  4. Other complications in FDCPA class actions
    1. Compelling arbitration - the Concepcion case
    2. Obtaining class discovery in FDCPA class actions

Benefits

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.

Faculty

Tomio Narita
Tomio Narita

Partner
Simmonds & Narita

He specializes in consumer financial services litigation, unfair competition and complex business disputes filed...  |  Read More

Joshua B. Swigart
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

James A. Francis
James A. Francis

Atty
Francis & Mailman

He focuses his practice in consumer protection litigation, with a particular concentration in fair credit reporting,...  |  Read More

Donald Maurice
Donald Maurice

President
Maurice & Needleman

In over 25 years of practice, Mr. Maurice has successfully litigated for the financial services industry in both...  |  Read More

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