Jason Tompkins, partner in the Birmingham office and chair of the Issues & Appeals Practice, and Jonathan Hoffmann, attorney in the Birmingham office and members of the Consumer Finance Litigation Practice, examine the U.S. Court of Appeals for the Third Circuit's August Fair Debt Collection Practices Act (FDCPA) decision in DiNaples v. MRS BPO LLC and discuss how the opinion sheds light on FDCPA litigation broadly and how two of the more common tools in FDCPA defense kits remain viable but limited.
Jason serves as chair of Balch’s Issues & Appeals Practice and has extensive experience handling appeals in federal and state appellate courts, including serving as counsel in the United States Supreme Court. His appellate experience spans nearly every category, including consumer finance, energy, environmental, and administrative law. Much of Jason’s practice focuses on class action defense, particularly in the area of consumer finance litigation. Jason has been lead counsel on more than 40 class actions and hundreds of individual cases involving claims under the FDCPA, FCRA, and TCPA. He acts as regional and national counsel for several financial services clients who trust him to coordinate defense strategy across numerous jurisdictions—both at the trial and appellate levels. He currently chairs the ABA’s Consumer Litigation Committee.
Jonathan focuses on consumer and financial services compliance and litigation, handling individual and class action lawsuits under the Telephone Consumer Protection Act (TCPA), Fair Debt Collection Practices Act (FDCPA), and the Fair Credit Reporting Act (FCRA). He regularly represents clients in bankruptcy litigation, complex business disputes, and loan workouts, and advises clients on best practices regarding consumer credit issues.
Jonathan and Jason are co-editors for Balch’s Past Due Blog, a legal resource offering insights and developments impacting the consumer credit industry.