We defend and counsel financial institutions, consumer-facing entities, credit and consumer reporting agencies as well as employers in individual and class action lawsuits brought under the Telephone Consumer Protection Act (TCPA), Fair Credit Reporting Act (FCRA) and Fair Debt Collection Practices Act (FDCPA).
We work with clients to review and draft policies, procedures, training materials and communications to ensure compliance with TCPA, FCRA and FDCPA as well as their regulatory schemes and relevant administrative rulings. Development of appropriate policies and procedures is the first line of defense against litigation.
Should an alleged violation occur, we can help you quickly investigate the matter, evaluate whether there is insurance coverage and develop an appropriate strategy to address the issue
We also develop consistent ways to respond to validation requests and pre-litigation communications. Our services include the preservation of hard copy and electronically stored records, including collection notes, documents and recorded conversations with debtors.
While some matters are resolved with settlements early or even before litigation is started, we stand ready to defend you in the courtroom. Our strategic approach and robust defense often result in the dismissal of matters before they proceed to trial.
Our consumer defense team helps clients navigate TCPA regulations and administrative rulings, which can be very technical and are increasingly litigated. We also defend our clients in individual and putative class action TCPA cases, which often have significant potential exposure.
We help clients develop effective background check policies and programs that integrate proper use of sensitive information, minimize risk and comply with the FCRA, FACTA, EEOC and other regulations, as well as the Federal Trade Commission, the Consumer Financial Protection Bureau, and state and local entities. We also defend our clients in individual and putative class action FCRA cases, both against the entity performing the background check and the potential employer.
Even scrupulous and careful debt collectors can be sued for alleged violations of the FDCPA or similar state laws. We counsel and defend financial institution lenders, creditor law firms, debt buyers, collection agencies and collection attorneys, as well as insurance agencies, to mitigate potential FDCPA liability.
Our unique approach, coupled with a full roster of creditors rights’ and lender liability attorneys, helps clients collect debts fairly and in good faith. We understand the intricacies of the FDCPA and comparable state laws, as well as the court decisions that have helped redefine them.
Our due diligence helps avoid costly and disruptive litigation, but we’re prepared to defend our clients if necessary. We represent clients in employment-related class actions, including FLSA collective actions, systemic employment discrimination claims and ERISA class actions. We litigate consumer fraud and false advertising claims, including multi-state and nationwide class action, and defend clients in claims under the consumer protection laws in many jurisdictions.