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Bankruptcy/Creditors' Remedies, Class Action/Multidistrict Litigation, Commercial Litigation, Consumer Law Defense, Data Privacy and Cybersecurity
Credit and Collection, Financial Services
Patrick Newman is a commercial litigator who defends members of the financial services industry. He regularly represents credit and collection professionals, repossession agents, background screeners, lenders, and fintech companies against consumer-protection lawsuits, including class actions. Patrick serves as Secretary/Treasurer of the Great Lakes Credit and Collection Association and is the Co-Chair of Bassford Remele’s Consumer Law Defense Practice Group.
Patrick 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. Patrick represents commercial creditors in bankruptcy cases and secured transaction disputes as well.
Patrick has tried cases to verdict in state and federal court. He has also secured published federal appellate decisions in favor of the credit and collection industry on issues arising under the FDCPA and FCRA.
Patrick serves as Co-Chair of Bassford Remele’s Recruiting Committee.
Education
Bar Admissions
Trial
Achieved complete defense verdict at jury trial in case brought against creditors’ remedies law firm based on UCC Article 9 issues.
Appellate
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).
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.
Credit and Collection
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.
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.
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.
Obtained decision dismissing consumer’s claim that collection agent and attorney improperly attempted to enforce judgment through state-court garnishment proceedings.
Bankruptcy
Appointed as counsel for the Official Committee of Unsecured Creditors. In re: Millerbernd Systems, Inc., Bky. No. 18-41286 (Bankr. D. Minn.).
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.).
Patrick Newman Quoted in ACA International's Collector
Patrick Newman was quoted in ACA International's Collector about Bassford Remele's wellness...
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 and Tal Bakke Featured on Repo America Podcast
Patrick Newman and Tal Bakke spoke with Bryanna Cox and Patrick Altes from Repo America on their...
Jessica Klander and Patrick Newman Appointed as ACA Attorney State Chairs
Consumer Law Defense Team member Jessica Klander was recently appointed to serve as ACA...
Patrick Newman and Kiralyn Locke to Present on Safeguards Rule
Bassford Remele Consumer Law Defense Practice Group Co-Chair Patrick Newman and Attorney Kiralyn J....
Patrick Newman to Present at Collector.Live!
Consumer Law Defense Practice Group Co-Chair Patrick Newman will present "Am I Being Baited Into...
Patrick Newman to Present on How Defending FDCPA Lawsuits Has Changed
Patrick Newman, Co-Chair of Bassford’s Consumer Law Defense Practice Group, will appear on...
Patrick Newman and Benjamin Gilchrist Publish Article on Emerging Trends in Consumer Protection Law
Consumer Law Defense Practice Group Co-Chair Patrick Newman and Attorney Benjamin Gilchrist...
In the Alphabet Soup Webinar | 4/27/23
We invite you to join our hosts, Bassford Remele Consumer Law Defense Practice Group Co-Chairs...
Patrick Newman Publishes Article on the Defense of Fee-Shifting Claims
Bassford Remele's Consumer Law Defense Practice Group Co-Chair Patrick Newman developed a love for...
Patrick Newman Elected Secretary/Treasurer of GLCCA
Bassford Remele's Consumer Law Defense Practice Group Co-Chair Patrick Newman was elected...
Patrick Newman to Present on the Model Validation Notice
Consumer Law Defense Practice Group Co-Chair Patrick Newman will present "The Pros and Cons...
Jessica Klander, Patrick Newman and Michael Klutho Present at National Convention
Jessica Klander, Patrick Newman, and Michael Klutho are presenting at the ACA International's...
Patrick Newman to Present on Bankruptcy Pitfalls
Consumer Law Defense Practice Group Co-Chair Patrick Newman will present "The Biggest Bankruptcy...
Seven Lawyers Named to Best Lawyers: Ones to Watch
Bassford Remele would like to congratulate the following attorneys named to the 2024 Edition of...
Patrick Newman to Present Consumer Law Litigation Update
Consumer Law Defense Practice Group Co-Chair Patrick Newman will present "Third Quarter Litigation...
Bassford Brief: Ameliorating Legal Malpractice Malaise
The Bassford Brief: Legal Issues for Lawyers | Attorney at Law Magazine | Vol. 12, No. 8 |...
Merits, Attorneys' Fees, and Practical Realities in Defense of FDCPA
PICK THE GAME YOU CAN WIN | ACA Collector Magazine | May/June 2023 Merits, attorneys' fees, and...
Patrick Newman to Present on Economic Trends for the Credit and Collection Industry
Bassford Remele's Consumer Law Defense Practice Group Co-Chair Patrick Newman will present at the...
Twenty-Eight 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 2023...
Bar Associations
Professional Associations
Civic Involvement
Seminars
Patrick Newman is a frequent presenter and author on topics concerning a number of regulated financial industries.
Co-Host of In the Alphabet Soup with Bassford Remele Webinar
Patrick and one of his colleagues hosted the “In the Alphabet Soup with Bassford Remele” webinar series on the ACA International platform. Patrick and his colleague synthesize their insights on risk management issues facing the credit and collection industry, which is critical to industry-wide efforts to remain compliant in the face of ever-changing regulatory and compliance requirements and litigation trends:
ACA International | Great Lakes Presentations
Repo America Podcast Guest Appearances
AccountsRecovery.Net Webinar Presenter
American Recovery Association | Repossession Industry Presentations
Other Engagements