Consumer Defense Litigation

Winston and Winston P.C. has been defending consumer lawsuits against creditors collection agencies, law firms and for over 20 years across the country. We can defend your business in New York, New Jersey  and Connecticut and manage your outside defense counsel for the remaining 47 states to provide a uniform process.

We are cognizant of the financial and political impact a counterclaim, lawsuit or class action may have on our client.   Many cases are litigated or settled for the wrong reasons, thereby encouraging repetitive lawsuits.  The plaintiff’s attorney bar is fee driven; the longer the litigation continues, the more fees they may charge – regardless of the result.  We consult with our clients to determine the cases to be fought and the cases to be settled.  A published decision from a consumer friendly court does more harm than a private settlement.  In contrast, settling a frivolous lawsuit encourages future suits.

Our litigation experience enables us to offer greater efficiencies to our corporate clients who trust our ability to protect their interests.  By providing comprehensive services, our firm assists clients in managing risk, reducing costs and increasing productivity. We have written extensively on compliance issues, including an annual edition since 1996 of The Complete Guide to Credit and Collection Law (Aspen), as well as articles for newsletters  under the byline Worth Reading. Our firm has also written articles for the Credit and Collection Education Forum (CCEF). Jay Winston has taught seminars on compliance for over 20 years.

Our firm defends clients on matters involving:

  • Fair Debt Collection Practices Act (FDCPA);
  • Fair Credit Reporting Act (FCRA) & Fair and Accurate Transactions Act (FACT);
  • Bankruptcy Stay Violations;
  • Truth in Lending Act (TILA);
  • Real Estate Settlement Procedures Act (RESPA);
  • Equal Credit Opportunity Act (ECOA)
  • State Law claims including Unfair Trade Practice Acts claims (UTPA);
  • Lemon Law Claims, Breach of Warranty, Breach of Contract and Wrongful Repossession Claims;
  • Claims by the New York City Department of Consumer Affairs;
  • Claims by State Attorney Generals;
  • Health Insurance Portability and Accountability Act (HIPAA);
  • Defense of Class Actions;

Risk Management Services

Is your business in compliance with State and Federal laws and recent court decisions?  Wishful thinking or blind ignorance is often the downfall of many businesses. We can perform an audit, review your agreements, practices and policies and provide a Risk Assessment, and offer solutions to your business’s problems. Compliance training is available to ensure that your company is current on new statutes, recent case developments, and “hot topics” being litigated by Consumer Attorneys.  As consultants, we will teach you how to manage risk, reduce costs and increase productivity. We can provide opinion letters. Seminars are provided upon request to clients or associations in search of experienced speakers. Our proactive solutions are more economical than defending lawsuits.  Our firm can review your company’s Letters, Credit Applications, Loan Documentation, Statutory Notices, Agreements, Leases, Confidentiality and Non-Compete Agreements, Vendor Agreements.  Websites, Forms and Procedures; Consulting on a Retainer Basis is also available.