Peabody & Arnold LLP - Practice Areas

FDCPA/FCRA LITIGATION

Main Contact:

John J. O'Connor
joconnor@peabodyarnold.com

Peabody & Arnold's FDCPA/FCRA Defense Group has collective experience of well over sixty years representing attorneys, collection agencies, debt buyers, financial institutions, and their employees in FDCPA, FCRA, and state law consumer-protection actions. The Group is experienced in all stages of litigation, including pre-trial discovery and motions, trials, and appeals. The Group's approach is pragmatic and calculated to achieve the best possible result as efficiently as possible. We defend vigorously but thoughtfully. Many FDCPA/FCRA claims can and should be settled quickly for nuisance-value payments. We are expert at controlling costs in this way and at keeping attorneys' fees (both plaintiffs' and ours) to a minimum. In cases that cannot be resolved in this way, we bring the fight to the plaintiff through tough but economical motion and trial practice.

FDCPA/FCRA claims often are brought as class actions. We regularly represent clients defending against consumer class actions, and are familiar with the state and federal procedural requirements for such suits. We strive to resolve class actions as efficiently as possible, and to minimize exposure and expenses. We are expert at settling those cases that should be settled, and at defending those cases that cannot or should not be settled. We have a success rate of 100% in avoiding certification of classes in suits against our clients: in every class action we have defended, we either defeated the motion to certify, obtained summary judgment, or settled the matter on favorable terms prior to certification.

Not all matters related to collection activity take the form of a lawsuit. In addition to litigation, the Group is experienced in handling administrative and regulatory matters, including claims by Attorneys General, and enforcement/licensing proceedings before Consumer Affairs/Banking regulators. Group members have represented collection professionals in cases before the Attorneys General of Massachusetts and West Virginia, and as to licensing issues before the Massachusetts Division of Banks and the Rhode Island Secretary of State. We also have represented and spoken for clients in inquiries by print and broadcast journalists in Massachusetts and Rhode Island.

Practicing Attorneys:

Jill M. Brannelly
Kevin C. Cain
Robert T. Gill
Richard L. Nahigian
John J. O'Connor
Harvey Weiner