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.

Description

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.

Outline

  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

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 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?

Faculty

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.


Recordings

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Strafford is an approved provider and self-study CLE credit is available in most states.

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Program Materials

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Program Materials

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Customer Reviews

The seminar covered an important subject with major policy implications and the speakers addressed it completely with professionalism and thorough knowledge.

Allyn Z. Lite

Lite DePalma Greenberg

A focused presentation offering practical information in a concise format.

Una Kang

Saiber

The speakers spoke in an understandable format with lots of examples.

Bill Zornes

Cimarron Lumber

The subject matter was covered in a very understandable way.

Constance Kotula

CarVal Investors

The program alerted me to the issue and related potential questions and problems.

Jon Deane

Gaffey Deane & Talley

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Class Action Law Advisory Board

Thomas Allen

Partner

Reed Smith

Steve Berman

Partner

Hagens Berman Sobol Shapiro

Brian Boyle

Partner

O'Melveny & Myers

H. Douglas Hinson

Partner

Alston & Bird

Daniel R. Karon

Founder

Karon LLC

Robert S. Kitchenoff

Partner

Weinstein Kitchenoff & Asher

Neal R. Marder

Partner

Akin Gump Strauss Hauer & Feld

Michael McCluggage

Partner

Eimer Stahl

W. Ray Persons

Partner

King & Spalding

William B. Rubenstein

Professor

Harvard Law School

or call 1-800-926-7926

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