Creditor Defense

Under the guidance of partner Michael D. Slodov, the JB&R Compliance Department monitors the latest changes in applicable case law, statutes and regulations, to establish and maintain a compliance program and compliance training for its attorneys and employees who handle commercial and consumer collections. Ensuring the organization is in compliance with the various laws and regulations requires ongoing review of forms, methods, and means of communications. Failure to have an effective compliance program or to comply with governing law can result in significant and often costly penalties.

External Compliance Department clients include creditors, debt collectors, and collection agencies. Representation includes both review of forms, formal guidance on compliance topics and legal defense in contested cases of alleged non-compliance.

Attorney Michael D. Slodov, JB&R’s compliance officer and a litigation partner has presented to national and regional associations regarding defense against consumer claims, including:

  • "Latest Cases You Needed to Know About”, National Association of Retail Collection Attorneys, May 10, 2007
  • “Credit Card Litigation Under the FDCPA”, 16th Annual Card Collections Conference, October 14, 2007
  • “Actual damages Under the FDCPA”, National Association of Retail Collection Attorneys, May 16, 2008
  • FDCPA: Cases You Need to Know About”, Ohio Creditor’s Attorney Association, April 24, 2009

When consumer lawsuits threaten your business success, the professionals at Javitch, Block & Rathbone are available to help with the experience you need to defend against consumer claims in the following areas:

Statutory claims:

  • Fair Debt Collection Practices Act (FDCPA)
  • Fair Credit Reporting Act (FCRA)
  • Truth in Lending Act (TILA)
  • State unfair trade practices and consumer protection laws
  • Frivolous conduct
  • Enforcement of arbitration provisions
  • Confirmation of arbitration awards

Common law claims:

  • Breach of contract
  • Fraud, negligent misrepresentation
  • Civil conspiracy, extortion
  • Defamation
  • Abuse of process, malicious prosecution
  • Invasion of privacy
  • Intentional infliction of emotional distress

Noteworthy Cases:

Miller v. Javitch, Block & Rathbone, 561 F.3d 588 (6th Cir. 2009)

Harvey v. Great Seneca Financial Corp., 453 F.3d 324 (6th Cir. 2006)

Richeson v. Javitch, Block & Rathbone, LLP, 576 F.Supp.2d 861 (N.D.Ohio 2008)

 
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