Michael S. Poncin focuses his practice in civil litigation, having significant experience in the defense of creditors, debt buyers, debt collectors and attorneys in actions arising under the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA) and other federal and state laws and regulations. Mr. Poncin advises clients on a nationwide basis in litigation and compliance issues and obtains pro hac vice admission as necessary. Mr. Poncin gained acclaim for his tireless advocacy on behalf of the debt collection industry in the landmark cases Malm and Thinesen. His clients further appreciate his resilient and creative negotiating skills when confronted with potentially volatile situations. In addition, Mr. Poncin also represents clients in commercial collections and in general contract and litigation matters.
Mr. Poncin is a member of the American Bar Association, Minnesota State Bar Association and Hennepin County Bar Association. In addition, Mr. Poncin is a member of the ACA International Member's Attorney Program (MAP) and has been approved by the ACA as counsel qualified to review collection notices for compliance with the FDCPA. He is licensed in the state and federal courts of Minnesota. Mr. Poncin has been a frequent lecturer on FDCPA, FCRA and collection issues.
Areas of Practice:
Commercial Collections
Commercial Litigation
Contract Law
Creditors' Remedies
Defense of Claims
State Consumer Protection Laws
Defense of FDCPA and FCRA Matters
Bar Admissions:
Minnesota
U.S. District Court District of Minnesota
U.S. District Court Southern District of Indiana
U.S. District Court Northern District of Indiana
U.S. District Court Western District of Wisconsin
U.S. District Court District of Colorado
U.S. District Court Western District of Michigan
U.S. District Court Northern District of Illinois
U.S. District Court District of North Dakota
Education:
University of Minnesota Law School, Minneapolis, Minnesota,
1999 J.D.
St. Cloud State University, St. Cloud, Minnesota,
1995 B.S. Honors: Cum Laude
Published Works:
Case Law Update, The Collector's Advocate, November, 2004
The FDCPA and Potential Technological Pitfalls, The Collector's Advocate, March, 2004
Legislative Update, The Collector's Advocate, February, 2005
What is a Reasonable Investigation of a Debtor Dispute, The Collector's Advocate, March, 2006
Representative Cases:
Rios v. Pinnacle Financial Group, Inc., 2006 WL 2462899
(S.D.N.Y. Aug. 23, 2006)
Malm v. Household Bank, 2004 WL 1559370
(D. Minn 2004)
Thinesen v. JBC Legal Group PC, 2005 WL 2346991
(D. Minn 2005)
Classes/Seminars Taught:
Collection Law Tips and Strategies - Ensuring Compliance with the Fair Debt Collection Practices Act and Averting Potential Ethical Problems in Collections,
October 31, 2007
Advance Collection Techniques in Minnesota - An Overview of the Fair Debt Collection Practices Act,
September 8, 2006
Successful Judgment Collections in Minnesota,
April 8, 2005
Impact of the Fair Credit Reporting Act on Collections,
March 16, 2005
Collection of Accounts Receivable in Minnesota,
August 18, 2004
Collection of Accounts Receivable in Minnesota,
December 8, 2004
Skip Tracing in Minnesota,
November 19, 2004
Hot Topics in Minnesota Creditors' Rights,
May 11, 2004
Dealing With Difficult and Dangerous Debtors,
February 18, 2004
Legal Issues Relating to Consumer Credit and Debt Collection in Minnesota,
November 17, 2003
