Consumer And Class Litigation

Finch v. LVNV Funding LLC
Mr. Geyser and the firm have been retained to defend the largest jury verdict against a debt collector in Maryland history. LVNV is one of the largest debt buyers in the United States. For a period of years, it filed thousands of actions against Maryland consumers without obtaining a mandatory license under Maryland law. After a full trial, the jury ordered LVNV to pay back the class of injured consumers and disgorge LVNV’s profits from the wrongfully collected funds. Working with trial counsel, Mr. Geyser and the firm convinced the trial court to uphold all findings on liability, and preserved $25 million of the original damages award. Mr. Geyser will now take the lead on appeal; LVNV has retained an all-star team, including the former Attorney General of Maryland, to oppose us. (Post-Trial Opposition)

Birtchman v. LVNV Funding LLCMartel v. LVNV Funding, LLCTorres v. Cavalry SPV I, LLCBroadrick v. LVNV Funding, LLC (In re Broadrick)Nelson v. Midland Credit Mgmt., Inc.Johnson v. Midland Funding LLC [Read more here]
Mr. Geyser serves as lead appellate counsel in a series of cases challenging a billion-dollar debt-collection practice. These cases arise at the intersection of the Fair Debt Collection Practices Act (FDCPA) and the Bankruptcy Code. Debt collectors buy time-barred debt for pennies on the dollar, and then seek to recover that debt in consumer bankruptcies—without disclosing to the participants or the courts that the debt is unenforceable. Mr. Geyser and the firm have orchestrated a nationwide appellate strategy for litigating these important issues at the circuit level and eventually the U.S. Supreme Court. (Broadrick Opening Brief | Broadrick Reply Brief | Nelson Rehearing Petition | Johnson Opinion | Birtchman Oral Argument)

Microsoft v. Baker [Read more here]
Mr. Geyser took a leading role in briefing and crafting the legal theories and strategy in this foundational case about class-action procedure. The firm represents a putative class of consumers alleging that Microsoft’s popular Xbox360 console scratches game discs during ordinary use. The case is broadly recognized as the most important case involving class actions on the U.S. Supreme Court’s October Term 2016 docket. (Merits Brief)

Garfield v. Ocwen Loan Servicing LLC
Mr. Geyser was retained by NACBA to brief and argue this major consumer-protection case as amicus curiae before the Second Circuit. The debtor sued Ocwen under the FDCPA for attempting to collect a debt that had been discharged in a prior bankruptcy. The district court dismissed the action as barred by the Bankruptcy Code, but Mr. Geyser convinced the Second Circuit to reverse. In reviving the lawsuit, the panel limited its past precedent and held that the Code did not supplant the FDCPA. This issue has split the circuits, and the Second Circuit’s ruling has broad practical and jurisprudential significance in multiple settings. (Opinion)