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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, repossession agents, background screeners, lenders, and fintech companies against consumer-protection lawsuits, including class actions. Mr. Newman serves on the Board of Directors of the Great Lakes Credit and Collection Association and is the Co-Chair of Bassford Remele’s Consumer Law Defense Practice Group.
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 represents commercial creditors in bankruptcy cases and secured transaction disputes as well.
Mr. Newman has successfully tried a civil case to jury verdict. He has also secured published federal appellate decisions in favor of the credit and collection industry on issues arising under the FDCPA and FCRA.
Mr. Newman serves as Co-Chair of Bassford Remele’s Recruiting Committee.
Education
Bar Admissions
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 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...
Patrick Newman and Tal Bakke to Present on Recovery Litigation
Patrick Newman and Tal Bakke will present at a complimentary webinar hosted by the American...
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...
Patrick Newman Presents on Reg F's Impact on Collecting Medical Debts
Patrick Newman will be a presenter at Reg F’s Impact on Collecting Multiple Medical Debts for...
Patrick Newman Presents on FCRA Investigations
Patrick Newman will be a presenter at What Constitutes an FCRA Investigation? for...
Patrick Newman, Jessica Klander and Tal Bakke Present on Data Privacy Issues
Patrick Newman, Jessica Klander, and Tal Bakke will present at a complimentary webinar hosted by...
Five Bassford Remele Attorneys Named to Best Lawyers: Ones to Watch
Bassford Remele would like to congratulate the following attorneys named to the 2022 Edition of...
Patrick Newman and Tal Bakke to Present to Recovery Association
Bassford Remele attorneys Patrick Newman and Tal Bakke will be in Irving, Texas this week for the...
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...
Jessica Klander and Patrick Newman Present In the Alphabet Soup
Bassford Remele is proud to announce that the In the Alphabet Soup webinar is moving to a new home:...
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 2021...
Jessica Klander and Patrick Newman Present on Medical Debt Reporting
Bassford Remele Consumer Law Practice Team Chairs Jessica Klander and Patrick Newman will present...
Patrick Newman to Appear on Ask the Credit Reporting Expert
Patrick Newman, Co-Chair of Bassford’s Consumer Law Defense Practice Group, will appear on...
Patrick Newman and Tal Bakke Present on CFPB Guidance Regarding Vehicle Repossessions
Patrick Newman and Tal Bakke will join American Recovery Association Executive Director Les McCook...
Patrick Newman Presents on Ask the Credit Reporting "Expert"
Bassford Remele Consumer Law Defense Practice Group Co-Chair Patrick Newman is presenting "Ask the...
Patrick Newman Presents on Credit Reporting
Bassford Remele Consumer Law Defense Practice Group Co-Chair Patrick Newman is presenting "Ask the...
Patrick Newman Presents on Defending Cases in State v. Federal Court
Bassford Remele Consumer Law Defense Practice Group Co-Chair Patrick Newman is presenting "State...
Six Bassford Attorneys Selected to Best Lawyers: Ones to Watch
Bassford Remele would like to congratulate the following attorneys named to the 2023 Edition of...
Bar Associations
Professional Associations
Civic Involvement
Podcasts
Seminars
Mr. Newman and one of his colleagues host the “In the Alphabet Soup with Bassford Remele” webinar series on the ACA International platform. Mr. Newman 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:
Mr. Newman and one of his colleagues have synthesized their daily experiences with “alphabet soup” claims (FDCPA, FCRA, TCPA, etc.) into a webinar series entitled “In the Alphabet Soup with Bassford Remele” in which they discuss and analyze the latest consumer law developments: