Prior Work Experience

Representative Experience

• Defending the principal of a debt settlement company in a Georgia class action alleging violations of the state's Debt Adjustment Act.
  
• Assisted businesses in updating policies, procedures and marketing materials in preparation for supervision by the Consumer Financial Protection Bureau.
  
• Defended a debt settlement company owner in consumer protection class action in Washington state court.
  
• Defended a lighting manufacturing company and its principals in an FTC enforcement action filed in the United States District Court for the Central District of California alleging that the company's LED light technology packaging contains representations that violate Section 5 of the FTC Act. The case is significant in that the manufacturer’s principals successfully moved to dismiss the FTC claims for failure to satisfy the pleading requirements of Federal Rule of Civil Procedure 9(b), which the Court ruled is applicable to Section 5 deception cases filed by the FTC.
  
• Obtained the pre-answer dismissal of a consumer protection class action against the principal of a debt settlement company in the Eastern District of Washington.
  
• Advised several businesses in resolving Telephone Consumer Protection Act (TCPA) claims based on alleged telemarketing violations by vendors.
  
• Resolved a California class action alleging that a national auto parts distributor's collection of zip code information violated the Song-Beverly Credit Card Act.
  
• Assisted a marketer to resolve an FTC civil enforcement action filed in the United States District Court for the Central District of California involving alleged violations of the CAN-SPAM Act and Section 5 of the FTC Act for allegedly transmitting over a 40-day period more than 5.5 million text message advertisements leading consumers to a private website that appeared to be a government web address.
  
• Represented an Internet appliance retailer in an FTC administrative action filed against the company related to the company's alleged failure to display Federal Energy Guides for certain appliance products offered for sale on the company's website. This action was one of a group of recently filed cases related to the alleged failure to display Energy Guides.
  
• Obtained a temporary restraining order in a California state court action enjoining the defendant from withholding funds due to client under a debt settlement servicing agreement.
  
• Defended a debt settlement company in a state court action based on an alleged violation of a servicing agreement exclusivity clause.
  
• Brought a declaratory relief action on behalf of an Internet marketing company against the Federal Trade Commission in federal court in Washington, D.C. challenging the authority of the FTC to seek monetary relief under Section 13(b) of the FTC Act.
  
• Defended an Internet marketing company and one of its principals in an FTC enforcement action filed in the United States District Court for the Northern District of California alleging that the company’s Internet cross-marketing campaign violated Section 5 of the FTC Act. This case is one of the first brought by the FTC challenging the use of pre-checked, cross-marketing Internet offers. In defense of the case, the company has challenged the authority of the FTC to seek monetary relief under Section 13(b) of the FTC Act.
  
• Represented an Internet marketing company and one of its principals in an FTC enforcement action filed in the United States District Court for the District of Oregon alleging that the clients’ on-line shopping club and marketing violated Section 5 of the FTC Act. This case is among the first FTC enforcement actions challenging the legitimacy of on-line shopping clubs and the marketing of such clubs.
  
• Represent an Internet marketer in an FTC enforcement action filed in the United States District Court for the District of Columbia alleging that the client’s Internet marketing violates Section 5 of the FTC. A motion to dismiss and/or strike the FTC’s claim for monetary relief on the ground that Section 13(b) of the FTC Act does not authorize such relief is currently pending before the Court and could, if granted, significantly alter the manner in which the FTC pursues enforcement actions under Section 5. The case also implicates the allegedly misleading use of Internet search key words that are purchased from on-line portal sights like Google or Yahoo.
  
• Defended an Internet marketing company and individual marketers in a state court breach of contract action.
  
• Successful representation of the victims of the La Conchita landslide which killed 10 people, injured 9 others and destroyed and damaged 16 homes. Recovered more than $7.5 million in damages from defendants that failed properly to maintain the hillside that failed in January 2005.
  

Publications/Speeches

• Author, CFPB Issues Rules Governing Use of Civil Penalty Funds (May 2013)
• Author, Third Circuit Holds Another Recess Appointment Unconstitutional: Implications for the CFPB (May 2013)
• Author, CFPB Settles Allegations of Improper Payments by Mortgage Insurers (April 2013)
• Author, CFPB Announces Plans to Hold Auto Lenders Liable for Discriminatory Loans (April 2013)
• Author, Your Complaints Just Went Public! The CFPB Expands Online Access to Consumer Complaint Data (March 29, 2013)
• Author, CFPB Proposes Rule to Supervise Largest Nonbank Student Loan Servicers (March 2013)
• Co-author, High Court Rules Pre-Certification Damages Stipulation Cannot Defeat Federal Jurisdiction Arising Under the Class Action Fairness Act (March 2013)
• Author, House Financial Services Committee Chair Challenges CFPB Funding (March 2013)
more

Media Mentions

• Law Firms Find Niche Battling Consumer Bureau By Blake Ellis, Hartford Business Journal
• CFPB Springs Into Action By Jaclyn Jaeger, Compliance Week
• California Law Firm Targeted in CFPB's First Loan Modification Suit By Maria Chutchian, Law360
• 4 Tips for Avoiding the Eye of the CFPB By Allison Grande, Law360
• Light Bulb Co. Wants FTC Sanctioned In False Ad Suit By Bibeka Shrestha, Law360
• Advance-fee Ban a Nightmare for Tax Debt Relief Industry, According to Independent Web Site easy IRS.com SFGate.com

Affiliations

• Former NASD-licensed Registered Representative and General Securities Supervisor

Distinctions

• Highest "AV Preeminent (5 out of 5)" Professional Rating, Martindale-Hubbell Law Directory
• Member, American Bar Association Section of Antitrust Law, Consumer Protection Committee
• Director, American Corporate Counsel Association, Los Angeles Chapter (1998-2000)
• Director, Region Coach and Assistant Commissioner, American Youth Soccer Organization, Region 214 (2000-2005)
• Director and Auxiliary Director, South Pasadena Education Foundation (1997-2006)