Tomio Narita
Simmonds & Narita LLP
44 Montgomery Street, Suite 3010
San Francisco, CA 94104
Direct Dial:(415) 283-1010
Facsimile:(415) 352-2625
E-mail: tnarita@snllp.com
Blog: www.fdcpadefense.blogspot.com Tomio Narita specializes in consumer financial services litigation, unfair competition and complex business disputes filed against members of the credit and collection industry. He is a trial lawyer and litigator with years of experience representing creditors, national banks, debt buyers, finance companies, mortgage companies, collection agencies and collection law firms in cases arising under the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), the Rosenthal Act (California Civil Code section 1788), and the California Unfair Competition Act, section 17200 of the California Business & Professions Code. Mr. Narita has successfully defended dozens of class actions and representative actions in state and federal courts. In addition, he frequently handles claims alleging fraud, negligence, invasion of privacy, breach of contract, intentional infliction of emotional distress, malicious prosecution and various commercial torts. Mr. Narita has significant trial experience in jury and bench trials in courts throughout California, as well as in arbitrations before the American Arbitration Association. While his practice is focused in California, he has represented clients as lead counsel or co-counsel in other states across the country, including Hawaii, Nevada, Arizona, Utah, Illinois, Indiana, Ohio, Kentucky, Connecticut, New Jersey and Pennsylvania. Mr. Narita is regarded as an expert in credit and collection litigation matters, and he has repeatedly been an invited speaker at collection industry events, discussing issues arising under the FCRA and FDCPA. He regularly publishes articles on issues facing members of the collection industry.
Mr. Narita is a 1988 graduate of Hofstra University, where he graduated Phi Beta Kappa with a Bachelor of the Arts degree in Political Science. He 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, the Second, Third and Ninth Circuit Courts of Appeals and all of the District Courts of California. He is a member of the American Bar Association (Vice Chair, Debt Collection Practices and Bankruptcy Subcommittee of Consumer Financial Services Committee), ACA International (2010-12 Member of Board of Directors, 2009-10 Chair of the MAP Committee), the National Association of Retail Collection Attorneys (Associate Member, member of the Amicus Committee), the California Creditors Bar Association, the California Association of Collectors, and the Bar Association of San Francisco.
Defending numerous class actions and individual actions asserting FDCPA claims and related state law claims against creditors, debt buyers, law firms, finance companies and collection agencies.
Defending furnishers of credit information in individal actions and class actions arising under the FCRA and section 1785.25(a) of the California Civil Code Represented national banks in purported nationwide class action for alleged RICO violations. Represented mortgage companies and loan officers in connection with litigation filed by borrowers Represented surgeons in contract claims against hospital, foundation and others. Defended mortgage banking company in purported nationwide class action alleging that solicitations did not qualify as a “firm offer of credit” under the FCRA. Defended distributor of investment program in representative action alleging false advertising violations. Represented national banks in AAA arbitrations arising out of contract disputes with vendors. Defended national banks in actions arising out of alleged internet gambling transactions. Defended national bank in class action alleging violations of TILA arising out of posting of credit card payments. Represented supplier of electrical transformers in Lanham Act, copyright infringement, and trade secret misappropriation action against foreign manufacturer. Represented exporter in action alleging violation of Lanham Act through importation of gray market goods.
Gorman v. Wolpoff & Abramson, 435 F. Supp. 2d 1004 (N.D. Cal. 2006) (obtained summary judgment for credit card issuer and collection firm in FCRA and FDCPA action), rev'd in part, 584 F.3d 1147 (9th Cir 2009). Campuzano-Burgos v. Midland Credit Management, Inc., 550 F.3d 294 (3rd Cir. 2008) (obtained reversal in favor of debt buyer in FDCPA class action; form settlement letters with typed signatures of senior executives did not violate Act) Bryant v.Gordon & Wong, 681 F.Supp.2d 1205 (E.D. Cal. 2010) (summary judgment granted under Rooker-Feldman doctrine on FDCPA claim asserted against law firm) Spears v. First Guaranty Mortgage Corp., 2010 WL 1135803 (N.D. Cal. Mar. 22, 2010) (summary judgment for mortgage company in claim asserting violations of section 2924 of California Civil Code) Wang v. Asset Acceptance Corp., 681 F. Supp. 2d 1143 (N.D. Cal. 2010) (granting motion to dismiss credit reporting claims under section 1785.25(a) of the California Civil Code asserted in purported class action against debt buyer) Cruz v. MRC Receivables Corp., 563 F. Supp. 2d 1092 (N.D. Cal. 2008) (summary judgment granted; rejecting attempt to apply "meaningful involvement" doctrine to form letters sent by debt buyer). Johnson v. JP Morgan Chase, 536 F. Supp. 2d 1207 (E.D. Cal. 2008) (state law claims against debt buyer held preempted under FCRA and barred by litigation privilege). Reyes v. Kenosian & Miele, 525 F.Supp.2d 1158 (N.D. Cal. 2007) (Rosenthal Act claim against law firm barred by litigation privilege). Taylor v. Quall, 471 F.Supp.2d 1053 (C.D. Cal. 2007)(obtained summary judgment for collection law firm and debt buyer; defeated “meaningful involvement” claim). Sengchanthalangsy v. Accelerated Recovery Specialists, 473 F.Supp.2d 1083 (S.D. Cal. 2007)(obtained dismissal of class action against debt buyer). Jackson v. Midland Credit Management, Inc., 445 F. Supp. 2d 1015 (N.D. Ill. 2006)(obtained summary judgment in class action alleging debt buyer’s settlement letters violated FDCPA), aff'd sub nom. Evory v. RJM Acquisitions Funding L.L.C., 505 F. 3d 769 (7th Cir. 2007) Putkowski v. Irwin Home Equity, 423 F. Supp 2d 1053 (N.D. Cal. 2006)(obtained dismissal of class action alleging that mortgage banking company’s mailer not a “firm offer of credit” under FCRA). Hapin v. Arrow Financial Services, 428 F. Supp. 2d 1057 (N.D. Cal. 2006)(obtained dismissal of FDCPA class action challenging debt buyer’s collection letter). Wan v. Commercial Recovery Systems, Inc., 369 F. Supp. 2d 1158 (N.D.Cal. 2005)(obtained dismissal of FDCPA class action challenging agency’s collection letter). Wagh v. Metris Direct, Inc., 363 F.3d 821 (9th Cir. 2003), cert. denied, 124 S. Ct. 2176 (2004) (obtained dismissal of RICO class action challenging programs offered by credit card issuer). Rogerio Valdez v. Hunt & Henriques, 2002 WL 433595 (N.D. Cal. 2002)(obtained summary judgment in FDCPA class action against collection law firm).
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