Consumer Finance Class Actions: Pursuing or Defending FDCPA, FCRA and TCPA Claims

Guidance From Spokeo, Campbell-Ewald, Tyson Foods and Other Recent Cases for Obtaining Favorable Results During Class Certification and Settlement

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, June 2, 2016
Recorded event now available

This CLE webinar will examine recent developments and trends in 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 recent Supreme Court decisions and discuss effective strategies and approaches for pursuing or defending claims, including navigating the thorny issues that arise regarding class certification and settlement.


Consumer finance litigation surged during 2015, significantly exceeding 2014 filing levels. The majority of the 2015 consumer finance class action filings alleged violations of the FDCPA, FCRA and TCPA. These cases are extremely costly for companies to defend due to the potential for statutory damages under federal consumer protection laws, which may exceed the actual harm caused to members of the plaintiff class.

Whether pursuing or defending consumer finance class actions, counsel must understand the applicable federal laws and be able to navigate issues of standing, statutory damages, burden of proof, causation and more. Further, defense counsel should help their financial services industry clients take proactive steps to minimize the likelihood of class claims. The U.S. Supreme Court’s recent rulings in Spokeo Inc. v. Robins et al., Campbell-Ewald Co. v. Gomez, and Tyson Foods, Inc. v. Bouaphakeo provide useful guidance for attorneys handling consumer finance class actions.

Listen as our authoritative panel of class action plaintiff and defense attorneys discusses current trends and legal developments impacting FDCPA, FCRA and TCPA class actions. The panel will outline strategies for increasing the likelihood of success from both the plaintiff and defense perspectives during class certification and settlement.


  1. Recent and emerging trends and developments in consumer finance class actions
    1. FDCPA
    2. FCRA
    3. TCPA
  2. Class certification
    1. Plaintiff considerations and strategies
    2. Defense considerations and strategies
  3. Settlement
    1. Plaintiff considerations and strategies
    2. Defense considerations and strategies


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 will the U.S. Supreme Court’s recent decisions in Spokeo, Campbell-Ewald and Tyson Foods have 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?


James A. Francis, Atty
Francis & Mailman, Philadelphia

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.

Donald Maurice, Principal
Maurice Wutscher, Flemington, N.J.

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.

Joseph F. Yenouskas, Partner
Goodwin Procter, Washington, D.C.

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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Class Action Law Advisory Board

Thomas Allen


Reed Smith

Steve Berman


Hagens Berman Sobol Shapiro

Brian Boyle


O'Melveny & Myers

H. Douglas Hinson


Alston & Bird

Daniel R. Karon


Karon LLC

Robert S. Kitchenoff


Weinstein Kitchenoff & Asher

Neal R. Marder


Akin Gump Strauss Hauer & Feld

Michael McCluggage


Eimer Stahl

W. Ray Persons


King & Spalding

William B. Rubenstein


Harvard Law School

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