Consumer Defense

The Consumer Defense Section is led by Bryan Shartle (New Orleans) and Dayle Van Hoose (Tampa), along with guidance from David Israel (New Orleans).

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Representing the Financial Services Industry

On a nationwide basis, we represent clients in the financial services industry, including collection agencies, creditors, banks, debt buyers, student loan servicers, telemarketers, and other financial institutions. The Firm has defended many thousands of individual and class action claims across the country brought under virtually every federal and state statute relating to debt collector misconduct, improper credit reporting, and automated telephone calls.  And we don’t just settle!  We litigate our cases through motion practice and trial when necessary.  Our attorneys appear nationwide in federal and state courts and arbitrations, and we work closely with numerous errors and omissions insurers.

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National Reputation

The Firm enjoys a national reputation as having the largest consumer defense practice group in the country dedicated to representing the financial services industry. Experience matters! We have handled 4,000+ class action lawsuits, 25,000+ single-plaintiff lawsuits, and 30,000+ pre-suit demands. Results matter! We have achieved countless favorable rulings and outcomes for thousands of satisfied clients.

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Litigation Staffing

We staff matters based on location, relationships, and expertise. If a matter is filed in a state where we have an office, the matter is assigned to a Firm attorney located in that office. If a matter is filed in a state where we do not have an office, the matter is assigned to a Firm attorney licensed in that jurisdiction or a Firm attorney with a “working relationship” with plaintiff’s counsel. Specialized attorney expertise also factors in our assignment decisions. While all of our consumer defense attorneys are familiar with the various consumer laws, an attorney with specialized knowledge may join the team to guide the client through complex issues and provide an added edge to the defense.‍

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What We Provide

We can help you by providing:

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• Nationwide Consumer Defense Representation. We have 11 offices strategically located throughout the United States and attorneys admitted in 14 additional jurisdictions. For jurisdictions where we do not have a licensed attorney, we secure pro hac vice admission for that matter with reliance on our local counsel network.
• Continuous and Complete Representation. We do not simply “manage” your case. Our lawyers are involved from the beginning to the end (assisting clients with the root cause investigation, working through discovery and motion practice, all the way through trial and an appeal, if needed). When we identify compliance problems, training shortcomings, or concerning pattern or practice issues, we refer the client to the Firm’s Compliance & Regulatory Section to prevent the next consumer claim.
• Clear Communication. Communication is critical. We understand your business and we know getting sued is an unwanted distraction. Using our database of many thousands of matters, we will provide you up-to-date information regarding the “true value” of nearly every claim being prosecuted by nearly every consumer attorney in the country. We will not “work you up” to fight a matter that you believe make sense to resolve for business reasons. Instead, we will provide the facts to you so that you can make an informed decision on the strategy and approach, whether that be to expeditiously resolve the matter in an intelligent, business-like fashion, or to aggressively defend the matter through motion practice or otherwise.
• Litigation Plans. We are proactive, not reactive. Using our C.A.S.E. Report, short for Critical Analysis & Summary Evaluation Report, we provide you a detailed analysis and summary of the critical facts, plaintiff background, relevant documents, legal issues, and litigation plan so you understand the matter and strategy.
• Insurance Reporting. We work with every major insurer and know their requirements for reporting and billing, so obtaining insurance approval to use us is easy. In addition, as a service to our enterprise clients, we handle the initial insurance reporting and claim submission through bordereau reporting or single submission, as required by the insurer.
• Industry Trend Updates. Due to our national footprint, we often are at the forefront of new, developing legal theories being advanced across the country by consumer attorneys. We routinely update our clients on these new trends so any needed changes can be implemented before claims are filed.

We work hard to help our clients grow and succeed because, as they do, so do we! Let us know how we can help you!

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