Recorded Monday, May 10, 2019
Does the FDCPA’s “bona fide error” defense apply to errors of state law? On May 3, 2019, the National Creditors Bar Association submitted an amicus curiae brief to the Sixth Circuit Court of Appeals in the case Maureen Van Hoven v. Buckles & Buckles, P.L.C. et al. In the brief, NCBA raised a single issue of particular interest to NCBA members, specifically, why the bona fide error defense should apply to mistaken interpretations of state law. In this podcast, you will hear about how the issues raised by Van Hoven might impact you from the defense attorneys who authored the brief for NCBA, Tomio Narita and Jeff Topor of Simmonds & Narita LLP.
Jeffrey A. Topor
Jeffrey A. Topor is a partner at Simmonds & Narita LLP, in San Francisco, where he focuses on the defense of creditors, debt purchasers, debt collectors, and lawyers in actions arising under the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Telephone Consumer Protection Act, and other related laws, in federal and state courts throughout California and elsewhere.
Tomio B. Narita
Tomio B. Narita is a partner with the California law firm, Simmonds & Narita LLP. His practice focuses on the defense of creditors, debt buyers, collection law firms and collection agencies and in consumer litigation, including defending individual actions and class actions arising under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Telephone Consumer Protection Act, and other federal and state laws governing the collection process. Mr. Narita obtained his law degree in 1991 from the University of California, Hastings College of the Law. He is a member of the Bar of the State of California, and is admitted to practice before the United States Supreme Court, and the Second, Third and Ninth Circuit Court of Appeals.