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Shareholder
Shareholder
Bankruptcy/Creditors' Remedies, Class Action/Multidistrict Litigation, Commercial Litigation, Consumer Law Defense
Credit and Collection, Financial Services
Mr. Newman is a commercial litigator who defends members of the financial services industry. He regularly represents credit and collection professionals against consumer-protection lawsuits, including class actions.
Mr. Newman uses practical, creative experience to help clients from across the United States prevent and navigate disputes in federal and state trial court, as well as bankruptcy courts and appellate tribunals. He has extensive experience working closely with in-house counsel and financial services providers defending against Fair Debt Collection Practices Act, Fair Credit Reporting Act, Telephone Consumer Protection Act, and other consumer-protection claims. He also counsels clients on developing compliance protocols and how to navigate regulatory enforcement actions.
Mr. Newman recently secured a published federal appellate decision in favor of a collection law firm. He also successfully represented several creditors in a fast-paced Chapter 11 filed by a high-profile sporting retailer.
Education
Bar Admissions
Obtained dismissal of state law invasion of privacy claims in FCRA action against data furnisher on grounds that federal statute preempted state law claims.
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 collection agency in appeal to the Seventh Circuit in certified FDCPA class action, successfully overturned trial court judgment that collection letter failed to state the amount of the debt for lack of an explicit interest disclosure on grounds that consumers lacked Article III standing because they failed to present any evidence of claimed harm.
Obtained voluntary dismissal of attorney meaningful involvement claim and summary judgment in favor of collection law firm on consumer FDCPA claim that law firm failed to verify the debt before executing on judgment.
Motion to dismiss granted on consumer’s claim that FDCPA prohibited a collection agency from informing consumer that collection agency may submit a negative credit reporting tradeline to the Credit Reporting Agencies, even though prior collection agency had previously reported a tradeline for the same debt. Court ruled that data furnisher has the right to submit a negative tradeline of its own, regardless of whether another party has previously reported a tradeline for the same obligation.
Appointed as counsel for the Official Committee of Unsecured Creditors. In re: Millerbernd Systems, Inc., Bky. No. 18-41286 (Bankr. D. Minn.).
Judgment on the pleadings granted in favor of law firm in FDCPA suit on grounds that statute does not apply to attorneys representing landlords in eviction actions.
FDCPA case premised on proofs of claim filed by debt purchaser in chapter 13 bankruptcy dismissed because Bankruptcy Code, not FDCPA, governs proof-of-claim process.
Represented multiple consignment creditors in a jointly-administered retail distribution Chapter 11 bankruptcy case involving seven separate distribution entities across the U.S. and Canada. In re: WYNIT Distribution, LLC, Bky. No. 17-42726 (Bankr. D. Minn.).
Represented an owner/landlord of commercial real property leased to a debtor in a big-box retail bankruptcy proceeding. In re: Gander Mountain Co., No. 17-30673 (Bankr. D. Minn.).
Obtained affirmance of trial court’s dismissal of consumer’s claim that collection attorney improperly accessed credit report and improperly communicated after receipt of cease request. Scheffler, 791 F.3d 847 (8th Cir. 2015).
Obtained decision dismissing consumer’s claim that collection agent and attorney improperly attempted to enforce judgment through state-court garnishment proceedings.
Patrick Newman Quoted in ACA International's Collector
Patrick Newman was quoted in ACA International's Collector about Bassford Remele's wellness...
Patrick Newman to Present on Strategies for Reducing Delinquent Payers
Patrick Newman will present Actionable Strategies for Reducing Delinquent Payers While...
Patrick Newman and Anu Chudasama Recognized as Up-and-Coming Attorneys
Patrick Newman and Anu Chudasama have been recognized as 2020 Up-and-Coming Attorneys by Minnesota...
Patrick Newman to Present on Debt Collection Issues
Patrick Newman will be a panelist for "The Most Common Overshadowing Pitfalls and How to Avoid...
Thirty-Two 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...
Two Bassford Remele Attorneys Named to Best Lawyers: Ones to Watch
Bassford Remele would like to congratulate the following attorneys named to the inaugural edition...
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