May 18, 2017
Simmonds & Narita To Present At The 2017 NARCA Spring Collection Conference in Orlando, Florida
On May 18, 2017, Tomio Narita will join a panel of presenters to discuss “Lessons Learned From Recent Class Actions” at the 2017 NARCA Spring Collection Conference in Orlando, Florida. The panel will analyze recent consumer class actions alleging violations of the FDCPA, the TCPA, and related federal and state consumer protection statutes. Successful defense strategies will be addressed, and well as ways that industry participants can reduce their risk of becoming a class action defendant.
In addition, Jeff Topor and others will address permissible legal theories that may be used in a collection lawsuit, focusing primarily on actions to recover unpaid credit card accounts. During their presentation -- Theories of Recovery in Collection Litigation: Are There Any Limits? -- the panelists will explore whether such obligations can be recovered only on a breach-of-contract theory, or whether other theories – such as account stated or money loaned – are allowed, and some related issues to consider when using a particular theory. Recent challenges based on the theory of recovery will be discussed, and suggestions provided for limiting exposure to liability arising out of the type of claims asserted when suing to collect debt.