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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Wednesday, September 16, 2020

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will examine the 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 Supreme Court decisions and discuss practical strategies and approaches for pursuing or defending claims, including navigating the thorny issues that arise regarding class certification and settlement.

Faculty

James A. Francis
Co-Founder
Francis Mailman Soumilas, PC

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.

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Donald Maurice
Principal
Maurice Wutscher, LLP

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.

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Joseph F. Yenouskas
Partner
Goodwin Procter LLP

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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Description

Consumer finance class action filings continue to allege violations of the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and Telephone Consumer Protection Act (TCPA).

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, the burden of proof, causation, and more. The U.S. Supreme Court's rulings in Spokeo Inc. v. Robins et al., Campbell-Ewald Co. v. Gomez, and Tyson Foods Inc. v. Bouaphakeo continue to provide useful guidance for attorneys handling consumer finance class actions.

Listen as our panel examines the class action claims alleging violations of federal consumer protection laws governing the financial services industry, including the FDCPA, FCRA, TCPA, and other similar statutes and regulations. The panel will review the impact of Supreme Court decisions and discuss practical strategies and approaches for pursuing or defending claims.

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 has the U.S. Supreme Court's decisions in Spokeo, Campbell-Ewald, and Tyson Foods had 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?