Jason Tompkins

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Jason Tompkins focuses on consumer litigation defense of individual and class action lawsuits at both the trial and appellate levels. Acting as regional and national counsel for several clients, Jason has been lead counsel on over 200 individual cases and more than a dozen class actions in numerous jurisdictions. He has handled appeals in five federal circuits and recently created a circuit split that culminated in review by the United States Supreme Court.

Latest Articles

In Pozzuolo v. Portfolio Recovery Associates, LLC, the Eastern District of Pennsylvania recently dismissed the named plaintiff of a putative class action for lack of standing to bring suit. Pozzuolo sought to represent a class of individuals who received validation notice letters from Portfolio Recovery Associates, LLC (PRA), which arguably ran afoul of the Fair Debt Collection Pracitces Act (FDCPA)—and more specifically 15 U.S.C. § 1692g—by stating disputes could be made telephonically when the FDCPA…
And now for something completely different:  Lemke v. Escallate, LLC, No. 17-cv-5234 (N.D. Ill. Mar. 19, 2019).  Although some case law out of Illinois may make one question whether to collect debts there, this case illustrates that just because a consumer may state a plausible claim doesn’t mean they can always prove it. In October 2016, the Plaintiff, Laura Lemke, got a collection letter from Escallate, LLC, for a $1225.00 debt.  The letter listed the…
On April 5, 2019, in Holzman v. Malcom S. Gerald & Assocs., Inc., 2019 WL 1495642, the Eleventh Circuit held that an express threat of litigation is not required to state a claim under the Fair Debt Collection Practices Act so long as an implicit threat can be reasonably inferred from the communication. The plaintiff claimed that a debt buyer and a debt collection law firm violated the FDCPA by (1) sending a collection letter…
The Southern District of Florida recently ruled that ringless voicemails (RVM) are “calls” under the Telephone Consumer Protection Act (TCPA). In Schaevitz v. Braman Hyundai, No. 1:17-cv-23890 (S.D. Fla. Mar. 25, 2019) the defendant sent a pre-recorded RVM to the plaintiff soliciting a return call regarding trading in the plaintiff’s car for a newer model. The technology used created an internet-based computer-to-computer connection direct from the sender to the recipient’s voicemail box without causing the…
The prospect of attorneys’ fees is often a major factor in strategy and, in particular, settlement.  Defendants sometimes pay more up front just to avoid “running up” plaintiff’s counsel’s fees.  On the flip side, some plaintiff’s counsel may continue to work a low-value case rather than settling, knowing that they may be awarded all of their fees later on.  A recent decision illustrates that neither side should assume that plaintiffs’ counsel will be awarded the…
Two weeks ago, we attended the ACA International Annual Convention in Nashville.  One of the more interesting discussions focused on compliance lessons creditors and debt collectors can take away from recent court decisions. Some of them were easy. For example, in Armata v. Target Corp., 2018 WL 3097094 (Mass. Sup. Ct. June 25, 2018), the Massachusetts Supreme Judicial Court held that, under Massachusetts law, a debt collector may only initiate two automated calls to a…
In Tucker v. Credit One Bank, the plaintiff filed suit after receiving hundreds of debt collection calls allegedly via an ATDS after informing Credit One they had reached the wrong number. In investigating the claims, Credit One determined that the calls were intended for plaintiff’s daughter, who provided the plaintiff’s number as a secondary contact when applying for a credit card for which the daughter ultimately went delinquent. Credit One’ agreement with plaintiff’s daughter contained the…
In a recent opinion, the Ninth Circuit held a plaintiff lacked Article III standing under Spokeo for her complaint on behalf of herself and a putative class action alleging violations of the Fair Credit Reporting Act (“FCRA”) against the National Park Service (the “NPS”). In Daniel v. National Park Service, No. 16-35689 (9th Cir. May 30, 2018), Stephanie Daniel alleged that the NPS violated the FCRA when Daniel purchased an entrance pass to Yellowstone National…
On June 21, Judge Loretta Preska of the Southern District of New York concluded that the Consumer Financial Protection Bureau (“CFPB”) is unconstitutionally structured. This decision marks the first time in which a court has reached this conclusion. In Consumer Financial Protection Bureau v. RD Legal Funding, LLC, the CFPB alleged RD Legal Funding, LLC and other related entities (the “Defendants”) violated the Consumer Financial Protection Act. Specifically, the CFPB alleged the Defendants offered cash…
Last week the D.C. Circuit issued its mandate in ACA Int’l v. FCC making that decision final. Not missing a beat, the FCC has already sought comments on key issues regarding the Telephone Consumer Protection Act (TCPA) left unclear in the wake of ACA. Primarily, the public notice issued yesterday identifies the following issues for comment: the definition of ATDS, how to treat calls to reassigned numbers, and standards for revoking consent. Notably, the notice…