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Class Action/Multidistrict Litigation, Consumer Law Defense, Professional Liability/Claim Prevention
Credit and Collection, Financial Services, Law Firms and Lawyers
Mr. Klutho has more than 30 years of experience defending clients and helping them prevent consumer law, professional liability, and products liability disputes.
Mr. Klutho represents creditors, financial institutions, collection agencies, attorneys, hospitals, and other businesses facing state and federal consumer-protection statutory lawsuits, defending thousands of consumer related lawsuits during the course of his career. He also defends clients against claims brought by governmental regulators overseeing entities involved in the credit and collection industry.
With extensive experience in the professional defense arena, Mr. Klutho represents lawyers and other professionals in alleged malpractice litigation. He has defended clients in a range of board proceedings, investigations, and related lawsuits for decades. Mr. Klutho also handles products liability and construction law disputes.
Mr. Klutho serves on the Board of Directors for ACA International, Inc. and as President of the Great Lakes Credit and Collection Association. He is also Chair of Bassford Remele’s Consumer Law Defense Practice Group and Co-Chair of the firm’s Professional Liability/Claim Prevention-Legal Malpractice Group.
Education
Bar Admissions
Certifications
Represented agency in appeal on two consolidated claims based on the allegation that language in letters was false or misleading and successfully affirmed dismissal at the Seventh Circuit on grounds that consumers lacked Article III standing because they failed to present any evidence of claimed harm.
Secured dismissal of putative FDCPA class action where challenged letters listed an account with a zero balance because even the unsophisticated consumer is capable of performing simple math.
Court granted dismissal to collection agency in FDCPA action premised on alleged misidentification of creditor.
Represented a collection agency, securing a dismissal of a consumer's claim that the FDCPA prohibited a collection agency from informing the consumer that the collection agency may submit a negative tradeline to the Credit Reporting Agencies. Plaintiff claimed that a prior collection agency's reporting on the same account prohibited the subsequent agency from reporting. The Court agreed that the new collection agency had the right to submit a negative tradeline of its own, regardless of whether another party has previously reported a tradeline for the same obligation.
Represented a law firm, obtaining a judgment on the pleadings establishing that the FDCPA, in relevant part, does not apply to attorneys representing landlords in eviction actions.
Represented a collection agency in district court, ultimately obtaining an affirmance of the district court’s order dismissing the plaintiff’s FDCPA claims; the Eighth Circuit Court of Appeals held in a matter of first impression that a materiality standard applies to claims of deception under the FDCPA; Hill, 888 F.3d 343 (8th Cir. 2018).
Represented a law firm and one of its attorneys in district court and on appeal and obtained a decision affirming summary judgment in a legal malpractice case involving but-for causation claims.
Represented a collection agency on appeal, obtaining a decision reversing a federal district court order granting class certification on claims involving the Fair Debt Collection Practices Act; Powers, 776 F.3d 567 (8th Cir. 2015).
Represented a collection agency in district court and on appeal, obtaining a motion to dismiss in a case involving the alleged failure to advise of the possible tax consequences of accepting a reduced offer of a delinquent account; Altman, 786 F.3d 191 (2d Cir. 2015).
Represented a collection agency, obtaining summary judgment in a case alleging the agency’s voicemail was a third-party communication in violation of the Fair Debt Collection Practices Act; Zortman, 870 F. Supp. 2d 694 (D. Minn. 2012).
Represented a collection agency in district court and on appeal, winning summary judgment when the creditor did not relay that the debtor was represented by a lawyer, establishing a creditor’s knowledge is not imputed to a collection agency. This was the first case to address this issue in the Eighth Circuit; Schmitt, 398 F.3d 995 (8th Cir. 2005).
Represented a collection agency in district court and on appeal, obtaining dismissal of claims alleging the language and/or symbols on transmitting collection notices violated the Fair Debt Collection Practices Act; Strand, 380 F.3d 316 (8th Cir. 2004).
Additional Representative Cases
Represented a law firm in district court and on appeal, winning summary judgment and judgment on the pleadings in an alleged unlawful attorney-fee collection and unlawful levy/garnishment practices claim.
Adams, 777 F. Supp. 2d 1193 (D. Minn. 2011).
Savig, 781 N.W.2d 335 (Minn. 2010). (Amicus Curiae)
Rahr Malting Co., 150 F.3d 835 (8th Cir. 1998).
Fletcher, 105 F.3d 662 (8th Cir. 1997).
Michael Klutho Selected to Top Attorneys List
Michael Klutho was selected to the Top Attorneys in Collections list by Collection Advisor by his...
Michael Klutho and Jessica Klander Obtain Dismissal for Clients
Michael A. Klutho and Jessica L. Klander recently represented a law firm and one of its attorneys...
Michael Klutho Receives Award and Presents on Answering Dispute Questions
Michael Klutho recently received the Receivables Professional of the Year Award from Receivables...
Michael Klutho to Present on Preparing for the New Wave of Pandemic-Related Litigation
Never underestimate the ingenuity of consumers (and their attorneys!) to conjure novel claims...
Michael Klutho to Present at National Convention on Class Action Letter Claims
Michael Klutho will present "Class Action Letter Claims Return and How to Avoid Them" at ACA...
Michael Klutho Elected to ACA Board of Directors
Michael Klutho was elected to the ACA International, Inc. (ACA) Board of Directors at its annual...
Michael Klutho to Present on How to Handle Credit Disputes
Michael Klutho will present "How to Handle Credit Disputes and Make Money Doing It" for ACA...
Jessica Klander and Michael Klutho to Present on Avoiding Potential Payment Portal Pitfalls
Jessica Klander and Michael Klutho will present "Avoiding Potential Payment Portal Pitfalls" for...
Michael Klutho to Present Top 5 Errors and Omissions Claim Trends
Michael Klutho will co-present "Top 5 Errors and Omissions Claim Trends" for ACA International's...
Thirty Attorneys Selected to Super Lawyers Lists; Lew Remele is Top Vote-Getter
Bassford Remele is pleased to announce that Lewis Remele is the top vote-getter in the 2020...
Professional Achievements
Bar Associations
Professional Associations
Honors & Awards
Mr. Klutho has published many scholarly articles, columns, and other materials on topics relating to the areas of consumer law defense, legal ethics, trial and litigation strategies, and more throughout his career.
During his 30+ year career, Mr. Klutho has presented nationally and regionally on topics relating to the areas of consumer law defense, legal ethics, trial and litigation strategies, and more.