Practice Group | Bassford Remele

Consumer Finance

On a state and national scale, Bassford Remele has defended financial institutions, creditors, collection agencies, attorneys, hospitals, and other businesses facing consumer-protection lawsuits. During the last 30 years, we have handled thousands of these cases brought under the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Telephone Consumer Practices Act (TCPA), and other consumer-protection statutes, as well as claims brought by government regulators against clients in the credit and collection industry.

Bassford Remele has become a go-to firm in this area of the law, handling cutting-edge and class-action suits that shape the law. We regularly present at local, regional, and national conferences on consumer-law topics, publish articles to keep clients up to date on the latest issues and trends, and provide valuable risk-management advice across the credit and collection industry. As dedicated supporters of creditors’ rights, we have the knowledge and experience to guide clients through the complex compliance regulations issued by the Consumer Financial Protection Bureau, the industry’s leading regulator.

Representative Cases

Represented an agency in an appeal on two consolidated claims based on the allegation that language in letters was false or misleading, successfully affirming dismissal at the Seventh Circuit on grounds that consumers lacked Article III standing because they failed to present any evidence of claimed harm.

Represented a Fortune 500 Company, obtaining dismissal of state law invasion of privacy claims in an FCRA action on the grounds that the federal statute preempted the state law claims against a data furnisher.

Represented a collection agency, securing dismissal of a 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.

Represented a collection agency, obtaining dismissal in an FDCPA action premised on the alleged misidentification of a creditor.

Represented a collection agency in an appeal to the Seventh Circuit in a certified FDCPA class action, successfully overturning the trial court judgment that a collection letter failed to state the amount of the debt for lack of an explicit interest disclosure on the grounds that the consumers lacked Article III standing because they failed to present any evidence of the claimed harm.

Represented a collection law firm, obtaining a voluntary dismissal of an attorney meaningful involvement claim and summary judgment on a consumer FDCPA claim alleging that the law firm failed to verify the debt before executing on the judgment.

Represented a collection agency, securing a dismissal of a consumer's claim that the FDCPA prohibited a collection agency from informing the consumer that the collection agency may submit a negative tradeline to the Credit Reporting Agencies. Plaintiff claimed that a prior collection agency's reporting on the same account prohibited the subsequent agency from reporting. The Court agreed that the new collection agency had the right to submit a negative tradeline of its own, regardless of whether another party has previously reported a tradeline for the same obligation.

Represented a law firm, obtaining a judgment on the pleadings establishing that the FDCPA, in relevant part, does not apply to attorneys representing landlords in eviction actions.

Represented a collection agency at the Eighth Circuit Court of Appeals, successfully obtaining an opinion affirming the district court’s order dismissing the plaintiff's FDCPA claims on the grounds that the challenged letter was not unfair or deceptive and the interest sought was permitted.

Represented a collection agency in district court, ultimately obtaining an affirmance of the district court’s order dismissing the plaintiff’s FDCPA claims; the Eighth Circuit Court of Appeals held in a matter of first impression that a materiality standard applies to claims of deception under the FDCPA. Hill, 888 F.3d 343 (8th Cir. 2018).

Represented a law firm in district court and on appeal, winning summary judgment and judgment on the pleadings in an alleged unlawful attorney-fee collection and unlawful levy/garnishment practices claim.

Represented a collection agency, obtaining summary judgment in a case alleging the agency’s voicemail was a third-party communication in violation of the Fair Debt Collection Practices Act. Zortman, 870 F. Supp. 2d 694 (D. Minn. 2012).

Represented a collection agency, winning a motion for judgment on the pleadings in a case alleging the agency’s validation notice, creditworthiness opinions, and misrepresentations violated the Fair Debt Collection Practices Act.

Represented a collection agency, winning a motion to dismiss because the agency was not acting as a debt collector under the Fair Debt Collection Practices Act, as the debt was not in default.

Represented a collection agency on appeal, obtaining a decision reversing a federal district court order granting class certification on claims involving the Fair Debt Collection Practices Act. Powers, 776 F.3d 567 (8th Cir. 2015).

Represented a collection agency in district court and on appeal, obtaining a motion to dismiss in a case involving the alleged failure to advise of the possible tax consequences of accepting a reduced offer of a delinquent account. Altman, 786 F.3d 191 (2d Cir. 2015).

Represented a collection agency in district court and on appeal, winning summary judgment based on the bona fide error defense in a putative class action for alleged violations of the Fair Debt Collection Practices Act. Wilhelm, 519 F.3d 416 (8th Cir. 2008).

Represented a collection agency in district court and on appeal, winning summary judgment when the creditor did not relay that the debtor was represented by a lawyer, establishing a creditor’s knowledge is not imputed to a collection agency. This was the first case to address this issue in the Eighth Circuit. Schmitt, 398 F.3d 995 (8th Cir. 2005).

Represented a collection agency in district court and on appeal, obtaining dismissal of claims alleging the language and/or symbols on transmitting collection notices violated the Fair Debt Collection Practices Act. Strand, 380 F.3d 316 (8th Cir. 2004).

Represented a collection agency in district court, winning summary judgment in a case claiming the collection agency continued communications with the plaintiffs after receiving a cease-and-desist letter, allegedly violating the Fair Debt Collection Practices Act and the Kansas Consumer Protection Act. Udell, 313 F. Supp. 2d 1135 (D. Kan. 2004).

Seminars - Upcoming

Seminars

“In the Alphabet Soup with Bassford Remele”

Fee Focus: Applying the Appropriate Lens to Your Case Based on the Law, Facts, and Plaintiff’s Counsel’s Fees, April 27, 2023

ACA International, Inc.

“In the Alphabet Soup with Bassford Remele”
- The Safeguard Rule, January 12, 2023
- Fair Credit Reporting Act in the Post-Regulation F Landscape, September 29, 2022
- The End of the Beginning: Implementing Reg F Beyond the Model Validation Notice, May 24, 2022
- The State of the Alphabet Soup Laws Post-Enactment of Regulation F, February 23, 2022
ACA International Convention, Chicago
- Building on Bankruptcy Basics: Bonding Over the Bankruptcy Code, July 27, 2023 (Jessica Klander and Patrick Newman)
- The Power of Curiosity: Boosting Revenue While Solving Consumers' Financial Problems, July 27, 2023 (Michael Klutho)
- The Compliance Circuit, July 28, 2023 (Jessica Klander)
Learn about GLCCA's Slack, GLCCA, December 6, 2023 (Patrick Newman)
"Let's Do the Numbers": An Ode to NPR's Marketplace (But for Debt Collection), GLCCA, October 17, 2023 (Patrick Newman)
Cracking the Code – How to Use e-OSCAR to Solve Credit Disputes, Huddle Series, March 1, 2023 (Patrick Newman)
New Litigation Strategies when Defending Cases in State Court, Huddle Series, December 7, 2022 (Michael Klutho)
Reg F One Year Later - Trends, Huddle Series, November 30, 2022 (Patrick Newman)
The No Surprises Act 101, ACA Fall Forum, Chicago, November 2-4, 2022 (Michael Klutho)
Win for the Industry – 11th Circuit Court of Appeals Rules in Hunstein, ACA Hot Topic, September 9, 2022 (Michael Klutho)
Meet the New ACA President and Officers, ACA Huddle, September 7, 2022 (Michael Klutho)
(1) Collecting Fairly Means Collecting Ethically; (2) The Forefront of Federal and State Advocacy; and (3) "Moneyball" Lessons - Focus on Baserunners, Instead of Home Runs - And Magic Happens, ACA National Convention, July 2022 (Michael Klutho)
Don't Get Stranded On The [Courthouse] Roadside Due to a "Letter Breakdown," ACA Hot Topic, June 9, 2022 (Michael Klutho and Jessica Klander)
Reg F Best Practices Around Compliance and Compliance Litigation, Great Lakes Credit and Collection Association Annual Conference, Chicago, May 12, 2022 (Michael Klutho, Jessica Klander, and Patrick Newman)
Everything You Always Wanted to Know About Reg F – But Were Afraid to Ask! Midwest Collection Conference, St. Louis, MO, April 24-26, 2022 (Michael Klutho)
Medical Debt and Credit Reporting, ACA Hot Topic, April 20, 2022 (Part 1); April 28, 2022 (Part 2) (Jessica Klander and Patrick Newman)
Risk Management Under Reg F For Collection Attorneys, Kansas Collectors Association, February 21, 2022 (Michael Klutho)

AccountsRecovery.net

What are the signs to look for when a consumer may be trying to bait a collector?, Training Bytes, Episode 23, November 13, 2023 (Patrick Newman)
Ask the Credit Reporting Expert, September 27, 2023 (Jessica Klander)
Should I Settle This Case or Fight It?, June 16, 2023 (Jessica Klander)
The Pros and Cons Altering the MVN, June 2, 2023 (Patrick Newman)
The Diverging Definitions of the Least Sophisticated Consumer, April 4, 2023 (Jessica Klander)
The Compliance Issues Collectors Need to Worry About Most, April 3, 2023 (Michael Klutho)
Ask the Credit Reporting Expert, March 24, 2023 (Jessica Klander)
How Defending FDCPA Lawsuits Has Changed in the No-Standing Era, March 20, 2023 (Patrick Newman)
Ask The Credit Reporting Expert, February 23, 2023 (Patrick Newman)
Medical Debt Credit Reporting – What You Need to Know, February 15, 2023 (Jessica Klander)
Are We Any Closer to a Definition of “Substantially Similar” for the Model Validation Notice?, November 29, 2022 (Patrick Newman)
Ask The Credit Reporting Expert, October 26, 2022 (Patrick Newman)
All of Reg F’s Still Unanswered Questions, September 15, 2022 (Jessica Klander)
State Court v. Federal Court: Where Do You Want To Be?, August 3, 2022 (Patrick Newman)
Ask The Credit Reporting Expert, July 25, 2022 (Patrick Newman)
The Talk-Off, June 17, 2022 (Michael Klutho)
What a Chief Compliance Officer Needs to be Responsible For, March 25, 2022 (Michael Klutho)
Ask The Credit Reporting Expert, May 23, 2022 (Patrick Newman)
How Has the MVN Changed Collection Rates?, May 20, 2022 (Jessica Klander)
The Most Common Questions Consumers Ask About Reg F and How to Answer Them, April 29, 2022 (Jessica Klander)
Ask The Credit Reporting Expert, March 28, 2022 (Patrick Newman)
The Talk-Off, March 24, 2022 (Michael Klutho)
Why Companies Should Stop Arguing Lack of Standing and Fight Cases on the Merits, March 2, 2022 (Patrick Newman)
Ask the Credit Reporting Expert, February 28, 2022 (Jessica Klander)
The Most Common FCRA Mistakes to Avoid, February 4, 2022 (Jessica Klander)
The Debate Over How to Report Paid-In-Full Accounts, February 3, 2022 (Patrick Newman)
Creating a Culture of Compliance, January 25, 2022 (Patrick Newman)
What You Need to Have Ready to Defend Reg F Lawsuits, January 17, 2022 (Michael Klutho)
Should You Credit Report Under Reg F?, January 13, 2022 (Jessica Klander)

Collector.Live!

Differentiating Between Validation, Verification, and Disputes, Nashville, Tenn., January 17-19, 2024 (Patrick Newman)
Am I Being Baited into Saying Something I Shouldn’t, Nashville, Tenn., January 26-27, 2023 (Patrick Newman)

insideArm

ARM Industry Legal Trends to Know Now, May 24, 2023 (Jessica Klander)
The Hunstein Ruling Explained, A Guide for Non-Lawyers, September 19, 2022 (Jessica Klander)

National Creditors Bar Association Conference

Debt Collection, Foreclosures, Regulations and the Pandemic, Nashville, Tenn., May 4, 2022 (Michael Klutho)

American Recovery Association

The Privacy Police Are Watching, November 9, 2022 (Patrick Newman, Tal Bakke, and Kiralyn Locke)
Compliance Thoughts for the Current Regulatory Climate, June 22, 2022 (Patrick Newman and Tal Bakke)
Wrongful Repossession Litigation in the Great Lakes States: Compliance and Defenses, Harding Brooks Insurance Agency, May 19, 2022 (Patrick Newman and Tal Bakke)
CFPB Renews Its Focus on the Auto Lending Industry, March 17, 2022 (Patrick Newman and Tal Bakke)

Midwest Collection Network

Moneyball” Lessons – Focus on Baserunners, Instead of Home Runs – And Magic Happens, Minnesota Collection Conference, October 24, 2023 (Jessica Klander and Patrick Newman)
CFPB Educational Loan Examination Guide, Mega Conference, October 18, 2022 (Michael Klutho)
Regulation F, Mega Conference, October 18, 2022 (Michael Klutho)

Nortridge

The 8th Annual Nortridge User Meeting, September 11, 2023 (Patrick Newman)

Pick the Game You Can Win, ACA Collector, May/June 2023 (Patrick Newman)
Win in Hunstein Pays Immediate Dividends and Will for Years to Come, ACA International, Inc., April 13, 2023 (Michael Klutho)

Comments from clients and the legal community:

Bassford Remele is a best-in-class law firm with particular expertise in defending legal malpractice allegations. Specifically, Attorney Patrick Newman is an expert in consumer defense law and creditor's remedies both in federal court and state courts.

As General Counsel for a national collection agency I work extensively with collection action defense attorneys across the United States. I have worked extensively with the attorneys at Bassford Remele. I have found them to be unsurpassed in all areas. They are all excellent to work with and their expertise is superb. I can always rely on Bassford Remele to provide superb results. I give them my highest recommendation. They have earned it! (General Counsel, National Collection Agency)

This comment was collected as part of the U.S. News - Best Lawyers® "Best Law Firms" research process.

Meet the Team

Christopher Morris defends financial institutions and firms against consumer and regulatory lawsuits and advises businesses on compliance with federal credit and...

Christopher R. Morris

Attorney and Chief Administrative Officer

Jessica Klander is a shareholder at Bassford Remele and the co-chair of the Consumer Finance Practice Group. Her practice focuses on defending lawyers, financial...

Jessica L. Klander

Shareholder | Chief Operating Officer

Patrick Newman is a commercial litigator who defends members of the financial services industry. He regularly represents credit and collection professionals,...

Patrick D. Newman

Shareholder

Kiralyn Locke maintains a practice with a focus on professional liability, employment law, trust and estates litigation, and commercial litigation. In her professional...

Kiralyn J. Locke

Attorney

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News & Events

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 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...

Jessica Klander Reelected to Consumer Relations Consortium Board

Bassford Remele Consumer Finance Practice Group Co-Chair Jessica Klander has been reelected to the...

view all Consumer Finance News & Events

Accolades

2024 Best Lawyers Professional Malpractice Law

Metropolitan Tier 1 Firm in the area of Professional Malpractice Law

Martindale-Hubbell

Bassford Remele rated AV Preeminent® by Martindale-Hubbell®

Michael Klutho - Jonathan Elliot Award - ACA International, Inc

Michael Klutho Received the Jonathan Elliott Award

ACA International, Inc.

Michael Klutho, Christopher Morris, and Jessica Klander achieved the Scholar designation