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Patrick D. Newman

Shareholder

Patrick D. Newman

Shareholder

Practice Groups

Bankruptcy/Creditors' Remedies, Class Action/Multidistrict Litigation, Commercial Litigation, Consumer Law Defense

Industry Groups

Credit and Collection, Financial Services

Overview

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. Mr. Newman serves as Co-Chair of Bassford Remele's Recruiting Committee.

Education & Admissions

Education

  • William Mitchell College of Law, J.D., magna cum laude, 2013
    • CALI Award recipient
    • Burton Award nominee, Best Brief
  • University of Wisconsin-Madison, B.A., 2010

Bar Admissions

  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. District Court, District of Minnesota
  • U.S. District Court, District of Colorado
  • U.S. District Court, District of North Dakota
  • U.S. District Court, Central District of Illinois
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Southern District of Illinois
  • U.S. District Court, Northern District of Indiana
  • U.S. District Court, Southern District of Indiana
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Eastern District of Missouri
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. District Court, Western District of Wisconsin
  • Minnesota
  • Wisconsin

Experience

Representative Cases

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.).

News & Events

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...

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...

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...

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...

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...

Professional & Civic

Bar Associations

  • Federal Bar Association
  • Minnesota State Bar Association
    • Consumer Law Section, Former Council Member
    • Bankruptcy Section
  • State Bar of Wisconsin
  • Hennepin County Bar Association
    • Debtor/Creditor Section

Professional Associations

  • ACA International, Inc.
    • Members' Attorney Program
  • American Recovery Association
  • The National Creditors Bar Association
  • Minnesota Defense Lawyers Association

Civic Involvement

  • Pro Se Project, Minnesota Chapter, Federal Bar Association
  • Volunteer Lawyers Network, 2017-2019

Accolades

  • Up-and-Coming Attorney, Minnesota Lawyer, 2020
  • Best Lawyers: Ones to Watch, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, and Commercial Litigation, 2021
  • Minnesota Rising Stars list, Super Lawyers, 2017-present

Ones-To-Watch-Firm-Logo.jpg#asset:49712

Patrick Newman
Rated by Super Lawyers


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Publications

Seminars

Podcasts

Seminars

  • Data Privacy Issues & Your Business, presenter, American Recovery Association, June 9, 2021
  • What Constitutes an FCRA Investigation?, presenter, AccountsRecovery.net Webinar, May 21, 2021
  • Reg F’s Impact on Collecting Multiple Medical Debts, presenter, AccountsRecovery.net Webinar, May 6, 2021
  • Time and Place Restrictions on Debt Collector Communications with Consumer (1006.6(b)(1)), presenter, ACA International, ACA How, Regulation F Implementation Series, April 2021
  • Litigation Perspectives, presenter, American Recovery Association, April 7, 2021
  • A Primer on the Bona Fide Error Defense and How it's Applied to Regulation F, presenter, AccountsRecovery.net Webinar, March 23, 2021
  • The Areas of The Debt Collection Rule That Plaintiff’s Attorneys Will Focus On, presenter, AccountsRecovery.net Webinar, February 10, 2021
  • How to Stay off the Radar of Plaintiffs’ Attorneys, presenter, AccountsRecovery.net Webinar, October 29, 2020
  • The Most Common Overshadowing Pitfalls and How to Avoid Them, presenter, AccountsRecovery.net Webinar, September 22, 2020
  • Actionable Strategies for Reducing Delinquent Payers While Strengthening Patient Relationships Throughout the Revenue Cycle, presenter, MMGMA Winter Conference, Minneapolis, Minn., March 11, 2020
  • BCFP: New Name, New Direction?, presenter, Hennepin County Bar Association Debtor/Creditor Remedies Section, Minneapolis, Minn., January 16, 2019
  • Staying Out of the Soup: Select Ethics Issues in “Alphabet Soup” Consumer Law Litigation, presenter, Fall Conference, National Creditors Bar Association, Nashville, Tenn., October 6, 2018
  • Lessons Learned in the Trenches – How to Avoid Risks and Win Battles, presenter, Minnesota Lawyers Mutual Insurance Company, Minneapolis, Minn., September 5, 2018
  • More Like Inconvenience Fees: Recent Trends in Add-on Fee Litigation, presenter, ACA International Annual Convention & Expo, Nashville, Tenn., July 25, 2018
  • Regulation of Unfair, Deceptive and Abusive Practices in Financial Services, co-presenter with C.R. Morris, Representing Community Banks in Minnesota webcast, Minnesota CLE, December 13, 2017
  • Fair Debt: Ethics in Consumer Collection Litigation, presenter, The National Creditors Bar Association Fall Conference, Washington, D.C., October 14, 2017
  • Fair Debt Collection Practices Act Panel Discussion, panel member, Hennepin County Bar Association Continuing Legal Education, Minneapolis, Minn., May 17, 2017
  • Where Do We Stand? Pleadings, Proof, and Strict Liability Following “Spokeo,” presenter, Hennepin County Bar Association Continuing Legal Education, Minneapolis, Minn., September 21, 2016
  • The FDCPA & CFPB: What Debt Collectors Must Know Now!, presenter, National Business Institute, Eau Claire, Wis., June 2, 2015 and December 3, 2014
  • Locating Assets, presenter, Minnesota State Bar Association Continuing Legal Education, Minneapolis, Minn., January 2, 2015
  • Updates on the Consumer Financial Protection Bureau, presenter, Hennepin County Bar Association Continuing Legal Education, Minneapolis, Minn., September 1, 2014
  • Debt Collection Law and the CFPB, presenter, National Business Institute, Eau Claire, Wis., August 5, 2014