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Episode Info: In this week’s episode of Attorney Talk, Ken Thayer interviews Ari Marcus, who is the managing partner of the Marcus Zelman Law Firm. Ari’s practice is focused on individual and class action consumer protection litigation specifically involving the Fair Debt Collection Act and Telephone Consumer Protection Act classes. During the show, Ken and Ari discuss fee shifting, class actions, finding violations, and credit scores.   Main Questions Asked: What is consumer protection litigation? What is fee shifting? How would you describe your typical client? What are some of the rules that debt collectors have to follow? What are some of the penalties if debt collectors are in violation of not properly forming the notice? Are you finding violations on large scale that it comes up to the level of a class action? Talk about the Telephone Consumer Collections Act. What is the interplay between debt collectors and debt collection attorneys?   Key Lessons Learned: Consumer Protection Litigation & Fee Shifting Protect consumers against big businesses in federal court. Most of the work is fee shifting so the clients aren’t charged. Fee shifting is when an attorney keeps hours on the case and cost, but if the case is won or settled, the defendant will pay the fees. This doesn’t impact what the client gets at the end of the case.   The Typical Client Someone who is going through financial distress and has collection notices, letters or voicemails or foreclosures. A lot of clients come via credit repair companies, foreclosure defense attorne
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