Consumer Financial Litigation

OVERVIEW

Federal and state regulations that govern debt collection, background checks, credit reporting, and information privacy can be intimidating to businesses that engage in these types of activities every day. Companies outside these fields can run afoul of this complex regulatory scheme by performing something as straightforward as a pre-employment background check or sending their customers a text. The Consumer Financial Protection Bureau has issued or amended more than 50 regulations in its two-year existence and more rules constantly in the works. Strasburger has the knowledge and experience to guide you through the intersection of federal and state regulation and debt collection/information gathering.

Strasburger attorneys represent national debt collectors, creditors, background check companies, rent-to-own companies, as well as one of the world’s largest consumer reporting agencies in both federal and state courts throughout the country. Strasburger has successfully defended its clients against claims brought under various consumer finance laws including the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA), as well as various state consumer protection laws. We have obtained favorable results in those cases, including summary judgments, defense verdicts in jury trials, and successful representation in class action suits. Additionally, because we are not afraid to try cases, we bring credibility to the negotiation table that helps us achieve cost-effective settlements for our clients.

We also realize that most companies prefer to avoid litigation altogether. Due to our experience in the regulations promulgated by the Federal Trade Commission (the FDCPA and the FCRA), the FCC (the TCPA) and the Consumer Financial Protection Bureau, we can help you develop and implement a compliance program. In that vein, we can help you train existing employees, provide initial training to new employees, generate compliance checklists and manuals, and answer frequently asked questions in this area of law. In addition to our debt collection and consumer reporting experience, many of our attorneys are well versed in labor and employment law, since these areas can often overlap.

To learn more about Strasburger’s Consumer Financial Litigation practice, please contact Paul Myers.

EXPERIENCE

  • Won multiple jury trials for a credit bureau in suits brought by consumers alleging violations of the Fair Credit Reporting Act and state law claims.
  • Obtained favorable judgment in antitrust case against numerous credit bureau and creditor defendants.
  • Achieved multiple summary judgments on behalf of clients in litigation brought by consumers alleging violations of the Fair Credit Reporting Act, defamation, invasion of privacy and other state law claims in various jurisdictions throughout the country.
  • Represented nationwide lender and obtained dismissal of suit challenging enforceability of loan agreement and right of defendant to foreclose.
  • Won summary judgment for home equity lender in case in which borrower claimed that the loan was unenforceable because the security included non‑homestead property.

BLOG

Supreme Court Hands Down a Potentially Powerful Class Action Weapon

Written by David A. Jones on January 26, 2016

Last week, the U.S. Supreme Court decided Campbell-Ewald Co. v. Gomez, a closely watched Telephone Consumer Protection Act (TCPA) case. The plaintiff, Gomez, filed a TCPA class action after he received allegedly unwanted (and therefore illegal) text messages from an advertising firm, Campbell-Ewald. Under the TCPA, Gomez could recover $500 in statutory damages, with the Read More…


Consumer Financial Protection Bureau: An Overview

Written by Alyson Blatney and Ginny Webb on December 17, 2015

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 established the Consumer Financial Protection Bureau (CFPB) in July 2010. The CFPB’s purpose is to supervise and enforce laws related to consumer financial products and services. Part of the CFPB’s role is to create rules to better oversee certain consumer finance markets. While the Read More…


Did Court Expand Definition of Consumer Report Under the FCRA?

Written by Andrew Sefzik on August 26, 2015

Abdelfattah v. U.S. Dept. of Homeland Security, 2015 U.S. App. LEXIS 8010 (D.C. Cir. May 15, 2015) (Brown, Circuit Judge) Facts: Plaintiff sued the United States Department of Homeland Security and others, alleging multiple claims, including that the government’s collection, maintenance and use of information about him violated the FCRA. Plaintiff, a Jordanian national, had Read More…


Those Calls Will Cost You Six Million Bucks

Written by Andrew Sefzik on June 19, 2015

Benzion v. Vivint, Inc., Case No. 12-cv-61826-WJZ (S.D. Fla. Feb. 23, 2015) Class Action: Plaintiffs were a certified nationwide class of consumers who received autodialed or pre-recorded calls on their mobile phones from home automation and security company, Vivint, Inc., or its affiliate marketers. The class members claimed the callers did not have permission to Read More…


CFPB Study: Arbitration Agreements Limit Relief for Consumers

Written by Allison Reddoch on March 23, 2015

On March 10, 2015, the Consumer Financial Protection Bureau (“CFPB”) released a report which found that arbitration clauses restrict a consumer’s relief against financial service providers, such as credit card companies and banks. Each year millions of consumers are eligible for relief through class action settlements and the report determined that when defending against a Read More…


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HONORS

Federal and state regulations that govern debt collection, background checks, credit reporting, and information privacy can be intimidating to businesses that engage in these types of activities every day. Companies outside these fields can run afoul of this complex regulatory scheme by performing something as straightforward as a pre-employment background check or sending their customers a text. The Consumer Financial Protection Bureau has issued or amended more than 50 regulations in its two-year existence and more rules constantly in the works. Strasburger has the knowledge and experience to guide you through the intersection of federal and state regulation and debt collection/information gathering.

Strasburger attorneys represent national debt collectors, creditors, background check companies, rent-to-own companies, as well as one of the world’s largest consumer reporting agencies in both federal and state courts throughout the country. Strasburger has successfully defended its clients against claims brought under various consumer finance laws including the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA), as well as various state consumer protection laws. We have obtained favorable results in those cases, including summary judgments, defense verdicts in jury trials, and successful representation in class action suits. Additionally, because we are not afraid to try cases, we bring credibility to the negotiation table that helps us achieve cost-effective settlements for our clients.

We also realize that most companies prefer to avoid litigation altogether. Due to our experience in the regulations promulgated by the Federal Trade Commission (the FDCPA and the FCRA), the FCC (the TCPA) and the Consumer Financial Protection Bureau, we can help you develop and implement a compliance program. In that vein, we can help you train existing employees, provide initial training to new employees, generate compliance checklists and manuals, and answer frequently asked questions in this area of law. In addition to our debt collection and consumer reporting experience, many of our attorneys are well versed in labor and employment law, since these areas can often overlap.

To learn more about Strasburger’s Consumer Financial Litigation practice, please contact Paul Myers.

EXPERIENCE

  • Won multiple jury trials for a credit bureau in suits brought by consumers alleging violations of the Fair Credit Reporting Act and state law claims.
  • Obtained favorable judgment in antitrust case against numerous credit bureau and creditor defendants.
  • Achieved multiple summary judgments on behalf of clients in litigation brought by consumers alleging violations of the Fair Credit Reporting Act, defamation, invasion of privacy and other state law claims in various jurisdictions throughout the country.
  • Represented nationwide lender and obtained dismissal of suit challenging enforceability of loan agreement and right of defendant to foreclose.
  • Won summary judgment for home equity lender in case in which borrower claimed that the loan was unenforceable because the security included non‑homestead property.
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