Class Action Defense

We accept defense of classic opt out civil class actions as well as non opt out actions, both in state and federal court; as well as class claims brought in arbitration.

The Firm limits its class action defense to only those cases arising under the Fair Debt Collection Practices Act (“FDCPA”), Rosenthal Act, and Unfair Business Practices Act, representing creditors, lenders, collection agencies and others who have been accused of civil violations of the FDCPA and/or the Rosenthal Act (which invariably include claims arising under California’s consumer protection statutes and Unfair Business Practices statute).  While the FDCPA applies only to statutorily-defined “debt collectors,” the Rosenthal Act applies more broadly.  The net result is that debtor litigation against creditors and debt collectors has increased significantly in the last decade.  In some cases, individual claims for relief are converted to class actions; and in others, class relief is sought in the initial pleading.

When class relief is sought, and the debtor’s counsel moves for certification of the class, it is important to strategize early in the case in order to prepare and present adequate opposition to claims that include class-wide relief.

The goal in most class litigation is to defeat certification.  To that end, we have access to pre-eminent experts in debt collection, creditors’ rights, and statutory compliance.  We team with the right experts early in the litigation process.  Where certification is not an issue, our focus is on defeating the underlying claim and/or damage control.  Ideally, the Firm is retained prior to the filing of the class claim.  But regardless of the stage of the litigation when we are retained, our team will work with your in-house staff to craft a defense strategy, whether that strategy involves a motion to dismiss, a motion for class certification, a motion for summary judgment, or by negotiating a settlement.