Areas of Practice
Mr. Troutman's primary legal practice areas include:
Commercial and financial institution litigation, mortgage lending, and bankruptcy.
Mr. Troutman's specific experience includes:
Financial Institution Litigation: Representation of financial institutions, primarily mortgage lenders, loan servicers, and auto finance companies, in suits raising a variety of lender liability claims.
Representation of national deposit institutions pertaining to bank operations, Check 21 compliance and negotiable instrument liability under the UCC.
Advises clients and litigates matters regarding FCRA violations and compliance for both information furnishers and CRA clients.
Consumer Bankruptcy: Representation of automotive finance companies in consumer bankruptcy cases of Chapter 7, 11 and 13 debtors.
Lender Liability: Defended various financial institutions in individual actions involving allegations of wrongful foreclosure, improper handling of escrow accounts, inadequate disclosures, fraud, and discriminatory/predatory lending practices.
Employment History: Joined Severson & Werson in 2006. Previously associate with Borton Petrini & Conron.
Education: B.A., University of California, Berkeley, 1999; J.D., University of California, Los Angeles, School of Law, 2003.
Admitted to Practice: California, 2003
Professional Affiliations: Member, State Bar of California; Los Angeles County Bar Association; Orange County Bar Association; American Bar Association
Represented (and continues to represent) banks and finance company in over a dozen nationwide TCPA class actions, including the resolution of a $17.1 million settlement resolving claims of 5.7 million class members.
In a ruling of broad importance to class action practitioners, Mr. Troutman secured an order dismissing class claims where the named Plaintiff’s TCPA claims was mooted by a settlement offer. Overcoming the Fifth Circuit’s “relation back” rule using arguments from the Supreme Court’s recent Genesis decision, he successfully argued that the federal court lacked Article III standing to consider the claims of purported class members once the Plaintiff’s claims were mooted. The ruling represents the first time Genesis has been used outside of the FLSA context to secure the dismissal of a Rule 23 class.
Represented a finance company in pursuit of $60,000,000.00 deficiency judgment and defense of cross-complaint by dealership group seeking over a hundred million in damages
Obtained summary Judgment victories in favor of a financial institution in wide ranging cases including in defense of a banker alleged to have participated in a ponzi scheme and in favor of a bank against a fidelity insurer on the doctrine of superior equities.
Served as national counsel to a consumer credit reporting agency reporting on consumer deposit account experience and defended numerous lawsuits brought pursuant to FCRA and state law corollaries.
"The Telephone & Consumer Protection Act,"Chapter 2B, "Debt Collection Practice in California," 2d.Ed. Fall 2013 (CEB) - Eric Troutman, Scott Hyman.