Jason Tompkins Headshot | Large 2023
  • 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. I represent regulated utilities in challenges to agency actions, most often at FERC or the NRC. Many of my clients are financial services companies – banks, loan servicers, 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?

    I frequently represent utilities in connection with challenges to agency action. Often, that involves seeking appellate review of an unfavorable order from an agency, such as FERC or the NRC. I have represented those clients not only before the agencies themselves, but also in the federal courts of appeal. Other times, these matters have involved defending favorable agency action against challenges from special interest groups or even class actions based on our clients’ regulated activities.

    A significant portion of my practice involves defending individual and class action lawsuits under the FDCPA, FCRA, TCPA , and similar consumer protection statutes. Because of my familiarity with the statutes, I also counsel clients on compliance with these statutes and related regulations in an effort to avoid lawsuits. I also represent these clients in regulatory investigations concerning their compliance with these statutes.

  • What previous experiences, prior to your work at Balch, influence your practice?

Select Matters

  • Nationwide defense of bankruptcy-related FDCPA claims: Lead national counsel for debt buyers in more than 200 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 courts, creating circuit split that culminated in a favorable decision by the U.S. Supreme Court. (Midland Funding, LLC v. Johnson, 137 S.Ct. 1407(2017)); Nelson v. Midland Credit Management, Inc., 828 F.3d 749 (8th Cir. 2016), petition for cert. filed, No. 16-757 (U.S. Dec. 12, 2016); Torres v. Asset Acceptance, LLC, 96 F. Supp. 3d 541 (E.D. Pa. 2015), appeal docketed, No. 15-2132 (3d Cir. May 13, 2015); Ash v. Midland Credit Management, Inc., No. 15-90071 (Bankr. M.D. Tenn. Jan. 5, 2016, appeal docketed, (B.A.P. 6th Cir. Jan. 25, 2016))
  • 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))



      Speaking Engagements


        • 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, District of Columbia 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
        • ACA International, Inc., Member Attorney Program Committee 
        • Alabama State Bar, Appellate Practice Section, Chair
        • American Bar Association Section of Litigation, Consumer Litigation Committee (Co-Chair, Class Action Subcommittee), 2015-2018
        • American Bar Association, Consumer Litigation Committee - Co-Chair, 2018-2021
        • Alabama State Bar, The Alabama Lawyer Board of Editors, 2013-2019
        Awards & Accolades
        • Birmingham Business Journal, Rising Star Lawyer, 2017
        • Mid-South Super Lawyers, 2014-present
        • Benchmark Litigation, Rising Stars, 2016
        • Benchmark Litigation, Under 40 Hot List, 2017-present
        • The Best Lawyers in America®, Appellate Practice
        • U.S. District Court, Northern District of Alabama, Honorable Karon Bowdre