Tomio Narita
Simmonds & Narita LLP
Tomio is a partner of Simmonds & Narita LLP, www.snllp.com, a California law firm specializing in defending claims arising under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the Rosenthal Act. He has served as lead counsel defending scores of class actions and representative actions in state and federal courts in California and across the country. A member of the California Bar, Tomio is also admitted to the United States Supreme Court, the Second, Third and Ninth Circuit Courts of Appeals and all District Courts of California. Tomio is regularly invited to speak at collection industry events, discussing issues arising under the FCRA and FDCPA. He is a member of the American Bar Association (Vice Chair, Debt Collection Practices and Bankruptcy Subcommittee of Consumer Financial Services Committee), ACA International (Chair of the MAP Committee, 2009-10), the National Association of Retail Collection Attorneys (Associate Member; Member of the Amicus Committee), and the Bar Association of San Francisco.
Recent Posts
Where’s The Beef? The FTC 2013 Report On Debt Buyers
The lengthy report describes a comprehensive study conducted by the FTC over a three-year period using data obtained from the nation’s largest debt buyers. Many will view the Report as another chance to engage in debt-buyer bashing, which has become a favorite pastime for mainstream media and consumer advocates. But a close reading reveals how wrong this report is.
FDCPA Violation Claims Supported Only by Material Disputes
When a consumer disputes their debt, an accepted and conservative practice is for the data furnisher to promptly report the dispute to the consumer reporting agencies. But under what circumstances will the failure to report a dispute give rise to a violation of section 1692e(8) of the FDCPA?
For example, what if a consumer or their attorney simply calls or writes and states, “I dispute this,” without providing the collector with any substantive information regarding the basis for the dispute? Does the collector violate section 1692e(8) if it fails to report that “dispute” to the consumer reporting agencies? The answer must be “no.”
Can the CFPB Make Debt Collectors Reveal their Privileged Documents?
Does the Consumer Financial Protection Bureau (CFPB) have the power to tell debt collectors to turn over their attorney-client privileged communications? The answer may depend on who you ask. The CFPB certainly seems to think it does, while federal courts tell a different story. In our top story, we check in with Tomio Narita, who goes into this topic at greater length.
The Limits on Direct and Vicarious Liability Under the FDCPA
Consumers and their attorneys are constantly seeking to expand the pool of potential FDCPA defendants using principles of vicarious liability. Debt buyers are being sued based on the conduct of their agencies and law firms. Lawyers and agency owners are being sued based on the conduct of their clients and their collectors. Even original creditors, who are not subject to the FDCPA, are being drawn into FDCPA litigation under various theories of recovery.
What are the limits of vicarious liability under the FDCPA? How can debt collectors avoid liability for the conduct of others?
NARCA Urges Supreme Court to Reject “Meaningful Involvement” Doctrine
The National Association of Retail Collection Attorneys (NARCA) recently filed an amicus brief in the United States Supreme Court to overturn a case NARCA says improperly interferes with the attorney-client relationship.
Why Your FDCPA Plaintiff May Lack Standing To Sue You
Thousands of FDCPA lawsuits are filed in federal courts across the country each year, and in most cases, the plaintiff has not suffered any actual damages resulting from the alleged violation. A case before the Supreme Court may give some guidance on the standing of those cases.
How Wal-Mart Can Help FDCPA Defendants Defeat Class Certification
Any debt collector faced with an FDCPA class action should read the Supreme Court’s recent decision in Wal-Mart Stores, Inc. v. Dukes with care, because it provides a framework for potential challenges to class certification in FDCPA cases.
Court Ruling Grafts a New Concept on to the FDCPA
If collection attorneys were looking for guidance on how to draft their collection letters without violating the FDCPA, a recent decision by the Third Circuit Court of Appeals definitely will not help them.
Zero Damages: A Hollow Victory for Plaintiffs in Jerman v. Carlisle
You would think that if an FDCPA plaintiff takes her case all the way to the US Supreme Court and wins, she would recover the maximum amount of damages that the statute allows, right? Wrong.
Why Courts Have Read the FDCPA Narrowly to Prohibit Only Outrageous Language
Debt collectors are being sued in courts across the country for allegedly violating the FDCPA by making harassing and abusive phone calls to consumers. No clear rules exist on what constitutes harassing or abusive language, however, and the language of the FDCPA does not shed much light on this subject.