In his national practice dedicated to the financial services industry, John has shaped the law in numerous landmark cases that preserved and expanded the rights of financial services companies, including national banks, automobile lenders, fintech companies, collection agencies, debt buyers, mortgage lenders, creditors, and fellow lawyers.

Licensed to practice in 15 courts and jurisdictions across the country, John regularly serves as counsel nationwide, both as a lead lawyer and as a learned strategist for local counsel. He advises and counsels financial services industry clients on regulatory compliance, defends them in claims and litigation, and advises them on best practices to prevent legal action.

John also helps creditors navigate the Bankruptcy Code and courts and represents them to secure payments and collateral, make determinations for future services, and minimize preference liability.

National Authority on Debt Collection and Regulatory Compliance

John is a prominent commentator and thought leader on the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA), and state regulatory laws.

In his counsel to many of the nation’s leading financial services companies, John works collaboratively with clients on developing an efficient and cohesive national legal strategy. He offers proprietary knowledge of proven litigation tactics and opposing counsels’ strategies, a competitive advantage he has built during his more than two decades of counsel in the collection and debt industry.

John is on the steering committee of the Consumer Relations Consortium (CRC), a national organization of larger market participant creditors and financial services companies formed by industry executives who believe that a reasonable and knowledgeable voice is needed to address both issues and solutions. In his role with the CRC, John meets quarterly in Washington, D.C. with key federal regulators and consumer groups to effect positive change for all parties.

John offers analysis and insights to credit collection groups, including DBA International and ACA International, and speaks at annual conferences, retreats, and programs.

The Debt Collection Drill

John founded and co-hosts The Debt Collection Drill, formerly a podcast and now a videocast series (distributed by insideARM.com), that provides ongoing intelligence for financial services professionals seeking detailed tactics on emerging issues in the credit industry. John discusses many of the same challenges and solutions he typically addresses and manages for clients, including:

  • Strategies for avoiding TCPA lawsuits
  • Preventing and defeating FDCPA claims
  • Seeking sanctions in FDCPA cases
  • Costly mistakes debt collectors should avoid
  • Debt collectors’ strategies for interacting with consumer lawyers
  • Effective collection agency crisis responses

Regulatory and Compliance

Because many regulations governing the debt industry have room for interpretation, maintaining a working relationship with the regulators who routinely interpret these regulations is a vital key to success.

John fosters robust relationships with numerous state and federal regulators. He meets frequently with federal regulators in Washington, D.C. and communicates with state collection agency regulators, who frequently seek the firm’s informal input on issues. Moss & Barnett clients benefit from John’s relationships with the regulators who enforce laws that are often open to broad and varying interpretations.

Litigation Defense

John represents debt collectors, debt buyers, creditors, and lawyers in lawsuits brought pursuant to the TCPA, FDCPA, the FCRA, and similar state statutes.
His financial services industry defense includes:

  • Telephone Consumer Protection Act
  • Fair Credit Reporting Act Defense
  • Fair Debt Collection Practices Act Defense
  • State and jurisdictional licensing requirements

John encourages his clients to be actively involved in crafting their case’s litigation strategy, which consistently leads to successful outcomes.

Reported Decisions

  • Roark v. Credit One Bank, 2018 WL 5921652 (D. Minn., 2018)
  • Remington v. Financial Recovery Services, Inc., 2017 WL 1014994 (D. CT)
  • Bradford v. LVNV Funding, 3 F. Supp. 3d 708 (6th Cir. 2015)
  • Donaldson v. LVNV Funding, 2015 WL 1539607 (S.D. Ind. 2015)
  • Bradford v. LVNV, Docket 2:11-CV-291 (E.D. Tenn., Feb. 25, 2014)
  • White v. Sherman, 2013 WL 5936679 (E.D. Tenn., Nov. 4, 2013)
  • Robinson v. Sherman,2013 WL 3968446 (E.D. Tenn., July 31, 2013)
  • Ferris & Salter v. Thomson Reuters Corporation, 2012 WL 3815624 (D. Minn.)
  • Dumoulin v. Palisades Collection, LLC, 11-149 (Idaho Supreme Court)
  • Zigdon v. LVNV Funding, LLC, 2010 WL 1838637 (N.D. Ohio 2010) and 2010 WL 2332692 (N.D. Ohio 2010)
  • Brill v. Financial Recovery Services, Inc., 2010 WL 5825480 (D. Neb. 2010)
  • Lougee v. Ad Astra Recovery Services, Inc., 2010 WL 2077178 (D. Colo. 2010)
  • Mack Financial Services v. Tim Flanigan Trucking, Inc., 2010 WL 234729 (D. Minn. 2010)
  • Jiminez v. Accounts Receivable Management, Inc., 2010 WL 5829206 (C.D. Cal. 2010)
  • Waite v. Financial Recovery Services, Inc., 2010 WL 5209350 (M.D. Fla. 2010)
  • Vinton v. Certegy Check Services, 1:08-cv-881 (W.D. Mich. 2009)
  • Hollis v. Northland Group, Inc., 2009 WL 250075 (D. Minn. 2009)
  • Grim v. West Publishing Corp., 08-1264 (Berks County, PA 2008)
  • Hernandez v. Palisades, 3:06-CV-1382 (D. Conn. 2008)
  • Cerjaweski v. Financial Recovery Services, Inc., 2008 WL 3091318 (N.D. Ind. 2008)
  • Stampley v. LVNV Funding, LLC, 583 F. Supp. 2d 960 (N.D. Ohio 2008)
  • Sivak v. LVNV Funding, LLC, 3:06-CV-01400 (D. Conn. 2007)
  • Posso v. Asta Funding, Inc., 07-C-4024 (N.D. Ill. 2007)
  • Galbraith v. Resurgent Capital Services, 2006 WL 2990163 (E.D. Cal. 2006)
  • Jackson v. Financial Recovery Services, Inc., 1:05-cv-023 (D. N.D. 2006) 
  • Perera v. Blue Ribbon et. al., CV-04-1668 (D. Oregon 2005) 
  • Malm v. Household Bank, 2004 WL 1559370 (D. Minn. 2004)
  • Richardson v. AllianceOne Receivables Management, 2004 WL 867732 (S.D. N.Y. 2004) 
  • Wiegand v. JNR Adjustment Co., 2002 WL 724456 (D. Minn. 2002)
  • Alexander v. Omega Management, 67 F. Supp. 2d. 1052 (D. Minn. 1999) 

Credentials

Education

William Mitchell College of Law, J.D.; cum laude

Marquette University, B.A., Journalism

Admissions

  • Minnesota
  • U.S. District Court for the District of Minnesota
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the District of Connecticut
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Northern District of Indiana
  • U.S. District Court for the Southern District of Indiana
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Western District of Michigan
  • U.S. District Court for the District of North Dakota
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. District Court for the Western District of Wisconsin
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Ninth Circuit

News & Insights

News

Speaking Engagements

Multimedia

Moss & Barnett, John Rossman, and Mike Poncin are pleased to present the audio blog – now videocast series (as of January 2022), The Debt Collection Drill. John and Mike provide sage tips and ongoing intelligence for debt professionals. In the blog and videocast archives, you can review detailed tactics on emerging issues in the credit industry and their analysis and solutions to the challenges the collection industry faces daily. John and Mike invite your readership and comments.

View The Debt Collection Drill Videocast:

Listen to past episodes of the audio blog The Debt Collection Drill on Apple Podcasts

Listen to past episodes of the audio blog The Debt Collection Drill on Google Podcasts

Listen to past episodes of the audio blog The Debt Collection Drill on Amazon

You can also view and listen to all episodes of The Debt Collection Drill below:

Affiliations

Professional Associations

  • Minnesota State Bar Association
  • Compliance chair, The Association of Credit and Collection Professionals (ACA International) – Minnesota Members’ Attorney Program (MAP) (2013-2015)
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