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Member

Scott J. Hyman

Clients hate surprises. To help clients avoid them, Scott frequently authors and lectures on industry legal developments, dives into litigation matters early and offers honest and practical advice and solutions.

Scott J. Hyman is the Firm’s Data Protection Officer, is a Vice-Chair of the Firm’s Financial Services Practice Group, and practices out the Firm’s Orange County office.  Mr. Hyman is a member of the Texas and California bars and holds a CIPP/US certification from the International Association of Privacy Professionals.  Mr. Hyman is committed to representing financial institutions, primarily national banks, automobile finance companies, loan servicers. He has extensive experience defending individual and class actions brought under state and federal Truth-in-Lending laws, unfair competition laws, the Telephone Consumer Protection Act (TCPA), the Fair Credit Reporting Act (FCRA), and the Fair Debt Collection Practices Act (FDCPA).  Mr. Hyman has obtained defense verdicts and judgments on behalf of automobile finance companies and businesses in both state and federal courts.

Mr. Hyman is on the Executive Committee of the Conference on Consumer Finance Law and has published a number of articles in the Conference on Consumer Finance Law Quarterly and other scholarly periodicals of interest to the financial services industry.  Predatory Servicing, 72 Conf. Cons. Fin. L. Q. 43 (Summer 2018) (with Kubota); Insurance Coverage Under Directors & Officers Liability Insurance Policies for Claims Brought Under the Telephone Consumer Protection Act, 72 Conf. Cons. Fin. L. Q. 58 (Summer 2018) (with Gettell);  The Consumer Financial Protection Bureau Regulates Pay-by-Phone “Convenience” Fees, CFSC Newsletter: ABA Business Law Section, (March 2018) (with Kemp); Automobile Finance Law in the Emerging Autonomous and Mobility Ecosystem, (S&W Financial Services Law White Paper (February 2018) (with A. Kenney) (available upon request); California State and Federal Courts Have Different Class Certification Rules on Whether Putative Class-members Must Be Ascertainable”   (S&W Financial Services Law, Winter 2017) (with Wenrick); The Effect of Claim-Trimming on Class Certification in TCPA Cases, 71 Conf. Cons. Fin. L. Q. 83 (Winter 2017) (with Saelao); 9th Circuit Finds that Directors’ & Officers’ Liability Insurance Policy Excludes Coverage for Claims Brought Under the Telephone Consumer Protection Act. (Los Angeles Lakers v. Federal Insurance Company (No.15-55777), (S&W Financial Services Law Fall, 2017); The Effect of the FDCPA’s “Consumer Limitation on Class Certification: Do Courts Apply Different Standards in Individual and Class Actions? 70 Conf. on Cons. Fin. L. Q. pp. 172-179 (Fall 2017) (with Walser-Jolly); The Intersection of the Fair Credit Reporting Act and the Federal Consumer Bankruptcy Laws, 70 Conf. on Cons. Fin. L. Q., pp. 113-126 (Fall 2017) (with Cram and Kornberg); California’s Single Document Rule for Retail Automobile Transactions, 70 Conf. on Cons. Fin. L. Q., pp. 134-142 (Fall 2017) (with Givental); Directors’ & Officers’ Liability Insurance Coverage for Claims Brought Under the Telephone Consumer Protection Act, and the 9th Circuit’s Anticipated Decision in Los Angeles Lakers v. Federal Insurance Company (S&W Financial Services Law Spring, 2017); Are the FTC’s Warnings on Debt Collection by Text Message Prescient or Predictable, 70 Conf. Cons. Fin. L. Q. 76 (Winter 2016) (with Kampka); Judicial Isolation of the Third Circuit’s ‘Glassine Window’ FDCPA Decision in Douglass v. Convergent Outsourcing, 69 Conf. on Cons. Fin. L. Q. 142 (Fall 2016) (with Kenney); The Effect of the FDCPA’s Class-Action Penalty Cap on Class Certification, 69 Conf. on Cons. Fin. L. Q. 137 (Fall 2016) (with Kenney); Recovery of Commercial Losses Under the Fair Credit Reporting Act, Texas J. of Cons. & Com. Law (Vol 20, Number 1, Fall 2016); Hasta La Vista, Baby: The Challenges To Lenders In Financing Autonomous Vehicles, Severson & Werson Consumer Finance Report (Nov. 17, 2015); Certification of Class Actions Under the Telephone Consumer Protection Act and the Prohibition against “Fail-Safe” Classes, 68 Con.Fin. Serv. L. Rep. 326 (2014) republished in 10 J. Consumer. & Com. Law No. 1 (Fall 2015) (with Troutman); Staying TCPA Cases Under the Primary Jurisdiction Doctrine, 68 Con.Fin. Serv. L. Rep. 312 (2014) (with Troutman and Gupta).

Mr. Hyman is a contributing author to Debt Collection Practice in California (CEB), having authored since 1998 the CEB’s treatise on “The Fair Debt Protection Practices Act” and co-authored since 2014 the CEB’s treatise on “The Telephone Consumer Protection Act”. Since 2008, Mr. Hyman has been the administrator and lead author for hundreds of industry subscribers to Severson & Werson’s California Person Property Finance industry weblog, having summarized and posted on over 2,200 decisions related to consumer finance.

Mr. Hyman is active in the American Bar Association’s Consumer Financial Services Committee and is a Member Attorney of ACA International, the International Association of Privacy Professionals (IAPP), the Association of Credit and Collection Professionals, the California Financial Services Association, and the Orange County Bar Association, Masters Division and Financial Services Sections.

Education

  • The University of the Pacific, McGeorge School of Law, J.D., with Distinction, 1990
  • The Pennsylvania State University, Schreyer Honors College, B.A., with Honors, 1987

Admissions

  • California
  • Texas

Publications

Consumer Finance Posts