The Latest on Law Firms Dealing with the FDCPA and Foreclosure Cases
Posted By Administration, Monday, March 12, 2018
Updated: Thursday, July 26, 2018
Recorded Monday, March 12, 2018
In a recent case in the Eastern District of Pennsylvania, federal judge Judge Timothy J. Savage ruled that debt collection law firms are subject to the rules of the Fair Debt Collection Practices Act in cases dealing with mortgage foreclosures. What impact does this ruling have on NCBA members who litigate mortgage foreclosures?
Presenters:
Joseph Messer, Messer Strickler, Ltd.
Joseph Messer is a partner with the Chicago based Messer Strickler, Ltd., attorneys who concentrate in defending attorneys, debt collection agencies, debt buyers, lending institutions and others in consumer lawsuits brought under state and federal consumer protection laws. He counsels firms throughout the country on legal compliance and risk management. Mr. Messer is a nationally recognized in the area of consumer litigation defense at the trial and appellate levels. He has been lead counsel in many class action lawsuits brought under various state and federal consumer laws, including the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA) and the Telephone Consumer Protection Act (TCPA). Mr. Messer regularly presents for trade associations such as NARCA, ACA International and NAPBS.
Sidney H. Scheinberg, Goodwin Bowman & Martinez
Sidney H. Scheinberg chairs the Bankruptcy and Creditors Rights section of Godwin Bowman & Martinez, representing clients in complex and critical cases. Based in the firm's Dallas office, the primary focus of his practice is on bankruptcy and business litigation matters, with an emphasis on the representation of secured creditors, such as automobile finance companies and national banking associations. His clients have included such luminaries as Bank of America, Wells Fargo, Hyundai, Honda, Toyota Financial Services, Nissan and GM Financial.
A former radio broadcaster, he is a frequent speaker at National Association of Chapter Thirteen Trustees and National Creditors Bar Association meetings, and has taught a variety of Continuing Legal Education (CLE) courses on bankruptcy. Reflecting the excellence of his practice, he has been AV-rated "Preeminent" by Martindale-Hubbell, the organization's highest peer rating for legal skills and ethics, selected among the Top Lawyers in Houston byHoustonia Magazine, and has achieved a 10.0 "Superb" rating from Avvo, the highest attorney rating.
Stephen Turner, Lewis Brisbois Bisgaard & Smith
Stephen Turner, a partner at Lewis Brisbois Bisgaard & Smith, is the Chair of his firm’s national Consumer Litigation Defense and Financial Services Group. Mr. Turner has represented numerous financial institutions including mortgage brokers, payday lenders and national banks and has handled over 2,500 cases involving allegations of unfair debt collection practices from initial pleadings to trial and appeal. He has defended over 100 class actions involving allegations of unfair debt collection practices, violation of the TCPA, the FCRA and the California Penal Code. Mr. Turner also represents clients with regard to the Consumer Finance Protection Bureau. He assists with clients in preparing for, and responding to audits by the bureau.
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