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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
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.
Bassford Remele Elects New Shareholders and Welcomes Associate
Bassford Remele is pleased to announce that Jeffrey Peters and Patrick Newman have been elected to...
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...
Bassford Attorneys Selected to Super Lawyers
Bassford Remele is pleased to announce that Lewis Remele is the top vote-getter in the 2019...
Consumer Law Defense Client Alert: MN Dept. of Commerce Data Request: Collectors Working From Home
We are pleased to report that following our communications with the Minnesota Department of...
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