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

or call 1-800-926-7926
Program Materials

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.

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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
James A. Francis

Atty
Francis & Mailman

Since 1998, Mr. Francis has focused his practice in consumer protection litigation, with a particular concentration in...  |  Read More

Donald Maurice
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

Joseph F. Yenouskas
Joseph F. Yenouskas

Partner
Goodwin Procter

Mr. Yenouskas, a Partner in the firm’s Consumer Financial Services Litigation Group, focuses on general...  |  Read More

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