Jason B. Tompkins

Partner Birmingham
(205) 226-8743
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  • Cornell University
    J.D., 2005, magna cum laude; Managing Editor, The Legal Information Institute
  • Erskine College
    B.S., 2002, Biology, cum laude
Bar Admissions
  • Alabama, 2007
  • District of Columbia, 2007
  • New York, 2006
About Jason
Jason is a strategist. Faced with an appeal, class action, or similar cases across multiple jurisdictions, he sees the big picture and develops a comprehensive, effective, and efficient plan.
  • What types of clients do you represent?

    I represent a wide variety of clients; the common thread is that they are all highly regulated.  Most of my clients are creditors, debt buyers, and debt collectors, who must comply with myriad consumer protection statutes and regulations. But they aren't the only ones. I also counsel utility clients on those same issues, as well as handling broader appellate, trial, and regulatory matters for them.

  • What type of matters do you work on most often?
  • What previous experiences, prior to your work at Balch, influence your practice?
  • Nationwide defense of bankruptcy-related FDCPA claims: Lead national counsel for debt buyers in approximately 150 matters, including nine class actions, involving FDCPA claims based on proofs of claim filed in Chapter 13 bankruptcy cases. Argued issues of first impression in multiple circuits. (2014–present)
  • Challenge to FERC license:  Successfully moved, as intervenor, for dismissal of appellate challenge to FERC hydroelectric license on basis that petitioners failed to properly invoke jurisdiction of court of appeals under the Federal Power Act (Smith Lake Improvement & Stakeholders Ass'n v. Fed. Energy Regulatory Comm'n, 809 F.3d 55. (D.C. Cir. 2015))
  • Class action based on dam operation:  Obtained summary judgment, which was affirmed on appeal, on basis that class action alleging that operation of a dam violated lakefront property owners’ riparian rights was improper collateral attack on hydroelectric license, and therefore outside the courts' jurisdiction (Otwell v. Alabama Power Co., 944 F. Supp. 2d 1134 (N.D. Ala. 2013), aff’d, 747 F.3d 1275. (11th Cir. Apr. 1, 2014))
  • Clean Water Act jurisdictional requirements:  Successfully argued, in case of first impression, that citizen suits cannot plead into an exception to the statutory notice requirements (Black Warrior Riverkeeper, Inc. v. Black Warrior Minerals, Inc., 734 F.3d 1297. (11th Cir. 2013))
  • Medicare Act preemption:  Successfully argued for the Alabama Supreme Court to grant a mandamus petition presenting the issue of whether a healthcare provider may file class action under state tort law claiming that the insurer wrongfully failed to provide coverage and payment for Medicare-covered services (In Ex parte Blue Cross and Blue Shield of Ala., 90 So. 3d 158. (Ala. 2012))
      • Cornell University, J.D., 2005, magna cum laude; Managing Editor, The Legal Information Institute
      • Erskine College, B.S., 2002, Biology, cum laude
      • U.S. Court of Appeals, Eleventh Circuit, 2008
      • U.S. Court of Appeals, D.C. Circuit, 2006
      • U.S. Court of Appeals, Third Circuit, 2016
      • U.S. Court of Appeals, Fifth Circuit, 2012
      • U.S. District Court, Northern District of Alabama, 2008
      • U.S. District Court, Southern District of Alabama, 2008
      Bar Admissions
      • Alabama, 2007
      • District of Columbia, 2007
      • New York, 2006
      Professional Affiliations
      • American Bar Association Section of Litigation, Consumer Litigation Committee (Co-Chair, Class Action Subcommittee)
      • American Bar Association Business Section, Consumer Financial Services Committee
      • ACA International, Inc.
      • Alabama State Bar, The Alabama Lawyer Board of Editors
      Awards & Accolades
      • Mid-South Super Lawyers, Rising Star, 2014-present
      • Benchmark Litigation, Rising Stars, 2016
      • U.S. District Court, Northern District of Alabama, Honorable Karon Bowdre