FDCPA and collection defense practitioners regularly see collection letters, complaints, judgments, and post-judgment execution attempts that seek collection on purported interest. In many instances, these charges are unlawful and can provide the basis for successful FDCPA claims. This webinar will explore how to respond to various types of interest-related violations and relevant case law and how to vet claims and avoid common pitfalls.
What You Will Learn
- How to vet potential FDCPA claims involving unlawful or miscalculated interest charges
- How to navigate choice of law, federal preemption, waiver doctrines, and other potential pitfalls
- How to apply lessons learned from leading cases
J. Erik Heath runs a solo practice and is also of counsel to the firm Duckworth Peters Lebowitz Olivier LLP, focusing on consumer and employment issues. His consumer practice largely includes issues surrounding debt collection, credit reporting, and bankruptcy. Before entering private practice, Erik was a staff attorney with Atlanta Legal Aid Society, where he represented indigent clients in a wide variety of consumer cases. He is most known for his work as lead counsel in the case of Strickland v. Alexander, which in 2015 resulted in a declaration that Georgia's garnishment process was unconstitutional, thus prompting an overhaul of the state's garnishment process to make it fairer to consumers. Erik graduated from Northeastern University School of Law in Boston, MA, in 2009 and before that, he received his undergraduate degree from Southern Methodist University in Dallas, TX.
Justin T. Holcombe is a partner at the Georgia law firm of Skaar & Feagle, LLP. His practice is focused primarily on representing consumers in both individual and class actions under the FDCPA, TCPA, FCRA, and other consumer actions as well as the defense of consumer debt collection actions. He is member of NACA and the State Bar of Georgia. He is a 2005 graduate of The University of Georgia with a Bachelor of Arts in Political Science and a 2009 graduate of the Georgia State University College of Law. He is admitted to practice in all trial courts of the State of Georgia, the Georgia Supreme Court, and the U.S. District Courts for the Northern, Middle and Southern Districts of Georgia, and for the Northern District of Florida.
Daniel Schlanger is a partner at Kakalec & Schlanger, LLP, and heads its consumer practice. His practice focuses on class actions and other affirmative litigation, predominantly in Federal Court, as well as collection defense matters. Dan joined Kakalec & Schlanger, LLP’s predecessor firm in 2007 after working as a staff attorney at Legal Aid Society of Cleveland, where he was a member of that organization’s consumer law unit. Prior to that, Dan clerked for the Hon. R. Lanier Anderson, III on the United States Court of Appeals, 11th Circuit. Dan received his law degree from Harvard Law School, cum laude, in 2004. He received his undergraduate degree from Carleton College, magna cum laude, in 1994. Dan’s work as a lawyer is guided by his passion for assisting victims of lending fraud, collection abuse, inaccurate credit reporting, and other forms of marketplace injustice.