James A. Francis

JIM FRANCIS is one of the nation’s preeminent consumer litigation attorneys.  He co-founded Francis Mailman Soumilas, PC in 1998 with the goal of creating a law firm dedicated exclusively to consumer rights litigation. Since then, he and the firm have consistently achieved ground-breaking results and cutting-edge legal rulings. He was trial and appellate counsel in Ramirez v. Trans Union, LLC, a case that obtained a record $60 million dollar verdict for a case brought under the Fair Credit Reporting Act, went to the Supreme Court and later settled for $9 million. In 2009, Jim argued the seminal FCRA case of Cortez v. Trans Union, LLC before the Third Circuit Court of Appeals. He has been appointed to serve as class counsel by federal courts all over the country in over 70 cases.

In 2004, Jim was the youngest lawyer to be ranked a Top 100 Super Lawyer in Pennsylvania in Philadelphia Magazine and Pennsylvania Super Lawyers magazine. He has been ranked a Top 100 Superlawyer for Pennsylvania and Philadelphia many times since, including in 2023.  In 2014, Jim was selected as one of a small group of national plaintiffs’ lawyers to be profiled in Law 360’s Titans of the Plaintiff’s Bar series. In the same year, he was awarded the Equal Justice Award by Community Legal Services of Philadelphia.

In 2023, Jim was elected as a Fellow of the American College of Consumer Financial Services Lawyers.

Jim regularly lectures for continuing legal education programs, law schools and community groups throughout the country, and has been a regular speaker for the National Association of Consumer Advocates (NACA) and National Consumer Law Center (NCLC) for over 20 years. He has appeared on various news programs including the Today Show and PBS NewsHour to discuss consumer-related issues. He was featured in The Philadelphia Inquirer’s biographical “Question & Answer” segment in February of 2009.

Prior to forming FMS and after graduating from law school, Jim was an associate with Kolsby, Gordon, Robin, Shore & Rothweiler in Philadelphia.

• Pennsylvania and New Jersey state courts
• United States Courts of Appeal for the First, Second, Third, Fourth, Sixth, Seventh, Ninth and Eleventh Circuits
• United States District Courts for the Eastern District of Pennsylvania, Middle District of Pennsylvania, District of New Jersey, Eastern District of Michigan, Northern District of Oklahoma
• United States Supreme Court

Temple University Beasley School of Law, J.D. 1995, President-Student Bar Association, 1995 Wapner, Newman & Wigrizer, P.C. award for excellence in civil trial advocacy; award for outstanding Oral Advocacy;

Muhlenberg College, B.A., cum laude, 1992

Francis Mailman Soumilas, PC-co-founder and managing partners since 1998

• Top 100 Superlawyer for Pennsylvania-2004, 2005, 2007, 2008, 2012, 2014, 2015, 2021, 2022, 2023
• Top 100 Superlawyer for Philadelphia-2006, 2007, 2008, 2011, 2012, 2014, 2015, 2016, 2018, 2019, 2021, 2022, 2023
• Law 360’s Titan of the Plaintiff’s Bar-2014
• Equal Justice Award by Community Legal Services of Philadelphia-2014
• Elected as a Fellow into the American College of Consumer Financial Services—April 29^th, 2023

American Association of Justice

Pennsylvania Bar Association

Philadelphia Bar Association

National Consumer Law Center

National Association of Consumer Advocates

American College of Consumer Financial Services LawyersLaw

Law 360–Titan of the Plaintiff’s Bar-2014

 

• Ramirez v. Trans Union, LLC, 951 F.3d 1008 (9^th 2020), 141 S.Ct. 2190 (2021); 2022 WL 17740302 (N.D. Cal. Dec. 22, 2022); . Served as trial and appellate counsel in record $60 million jury verdict for a case brought under the Fair Credit Reporting Act; argued appeal against former Solicitor General of the United States affirming verdict (with remittitur), upon certiorari, remanded by US Supreme; later settled for $9 million;
• Robinson v. National Student Clearinghouse, 1-19-cv-10749, 2020 WL 4873728 (D. Mass. July 8, 2020) aff’d 14 F.4th 56 (1st Cir. 2021). In first challenging the defendant as a consumer reporting agency, obtained $2 million dollar settlement for consumers who were overcharged for college verifications and brought company into FCRA compliance.
• Patel v. Trans Union, LLC, 2018 WL 1258194 (N.D. Cal. March 11, 2018). Served as lead Class Counsel in case which obtained an $8 million dollar settlement for class of consumers who were falsely being reported as terrorists.
• Thomas v. Equifax Info. Services, LLC, No. 18-cv-684 (E.D. Va.). National Class Counsel in FCRA class action, alleging violations by credit bureau for misreporting public records, providing nationwide resolution of class action claims asserted across multiple jurisdictions, including injunctive relief, and an uncapped mediation program for millions of consumers.
• Clark v. Experian Info. Sols., Inc., No. 16-cv-32 (E.D. Va.). National Class Counsel in FCRA class action, alleging violations by credit bureau for misreporting public records, providing a nationwide resolution of class action claims asserted by 32 plaintiffs in 16 jurisdictions, including injunctive relief and an uncapped mediation program, for millions of
• Clark/Anderson v. Trans Union, LLC, No. 15-cv-391 & No. 16-cv-558 (E.D. Va.). National Class Counsel in FCRA consolidated class action, alleging violations by credit bureau for misreporting public records, providing groundbreaking injunctive relief, and an opportunity to recover monetary relief, for millions of consumers.
• In Re: TRS Recovery Services, Inc. and Telecheck Services, Inc., Fair Debt Collection Practices Act (FDCPA Litigation)- Served as Class Counsel in a national FDCPA class action and obtained a 3.4-million-dollar settlement against one of the nation’s largest check history consumer reporting agencies.
• Berry v. LexisNexis Risk & Info. Analytics Group, Inc., No. 3:11-cv-754, 2014 WL 4403524, at *11 (E.D. Va. Sept. 5, 2014) — Appointed class counsel in national FCRA class action that obtained a $13.5-million-dollar settlement against Lexis/Nexis, one of the largest information providers in the world, along with a groundbreaking injunctive relief settlement on behalf of 200 million Americans in which LexisNexis agreed to bring its Accurint product into FCRA compliance.
• Thomas v. com, C.A. No. 13-029 (E.D. Va. Aug. 11, 2015) –Appointed class counsel in an FCRA national class action which obtained $18 million against another of the largest background screening companies in the world, and also obtained significant injunctive and remedial relief.
• Henderson v. Acxiom Risk Mitigation, Inc., C.A. No. 12-589 (E.D. Va., Aug. 7, 2015)- Appointed class counsel in a national FCRA class action which obtained a $20.8 million settlement against one of the largest data sellers and background screening companies in the world.
• Ryals et al. v. Hireright Solutions, Inc., A. No. 3:09cv625 (E.D. Va. Dec. 22, 2011) – $28.3 million national settlement achieved for class of consumers subjected to employment background checks in case brought under Fair Credit Reporting Act (FCRA); believed to be the third largest FCRA settlement in history.
• Cortez v. Trans Union, LLC, 617 F.3d 688 (3d. 2010) – argued precedential case of first impression before the U.S. Court of Appeals for the Third Circuit which outlines the liability, causation and damages standards for FCRA cases against credit reporting agencies; $800,000 jury verdict against Trans Union in fair credit reporting case (remitted to $150,000).
• Little v. Kia Motors America, Inc., 2003 WL 25568765 (N.J. Super. L. 2003) – $6 million (approximate) verdict for class of New Jersey car purchasers.
• Samuel-Bassett v. Kia Motors America, Inc., __ 3d __, 2011 WL 60559098 (Pa. 2011), C.P. Phila. County, January Term, 2001, No. 2199 – $5.6 million verdict for class of Pennsylvania car purchasers, plus award of attorney’s fees.

See above

Speaker, Rule 23(c)(5) Subclasses: Certification, Due Process, Adequate Representation, and Settlement, Strafford Webinars, February 23, 2023

Speaker, Data Protection at the Federal Level, Nevada Bar Association, January 17, 2023

Speaker, 27th Annual Consumer Financial Services Institute, Practising Law Institute, Debt Collection and Credit Reporting Update, December 7, 2022, San Francisco, CA

Speaker, Tenant Screening Litigation: FCRA and Civil Rights Claims, National Consumer Law Center, Consumer Rights Litigation Conference, November 10, 2022, Seattle, WA

Speaker “Lightning Round-Ascertainability”, Consumer Class Action Symposium, National Consumer Law Center, November 13, 2022, Seattle, WA

Speaker, 27th Annual Consumer Financial Services Institute, Practising Law Institute, Debt Collection and Credit Reporting Update, September 20, 2022, Chicago, IL

Speaker, Representing the Pro Bono Client: Consumer Law Basics, Practising Law Institute, August 12, 2022

Speaker, Perrin Conferences Class Action Litigation Virtual Conference, April 26, 2022

Speaker, Introduction to Standing in Federal FDCPA Litigation, 2022 Fair Debt Conference, National Consumer Law Center, April 25^th, 2022, Orlando, FL

Speaker, 27^th Annual Consumer Financial Services Institute- Debt Collection and Credit Reporting Update, Practising Law Institute, March 18, 2022, New York, NY

Speaker, Consumer Finance Class Actions: FDCPA, FCRA & TCPA Webinar, Strafford, September 16, 2020

Faculty, Introduction to the Fair Credit Reporting Act, Representing the Pro Bono Client: Consumer Law Basics 2020, Practising Law Institute, August 14, 2020, San Francisco, CA

Faculty, Representing the Pro Bono Client: Consumer Law Basics 2019, Practising Law Institute;

Faculty, Consumer Financial Services & Banking Law Update, Pennsylvania Bar Institute, October 29, 2019;

Faculty, Consumer Finance Class Actions, The Canadian Institute, July 24, 2019;

Faculty, Representing the Pro Bono Client: Consumer Law Basics 2019, Practising Law Institute;

Speaker, Fair Credit Reporting Act Conference, National Association of Consumer Advocates, Long Beach, CA, May 1–4, 2019;

Faculty, Judicial Scrutiny of Class Action Settlements: New Standards and Ensuring Timely Release of Attorneys’ Fees, Strafford Webinars and Publications, Tuesday, October 9, 2018;

Speaker, Fair Credit Reporting Act Conference, National Association of Consumer Advocates, Baltimore, MD, April 22-29, 2017;

Faculty, 21st Annual Consumer Financial Services Litigation Institute (CLE-accredited), “Fair Credit Reporting and Debt Collection Litigation”, March and April 2016, NYC and Chicago;

Speaker, The Conference on Consumer Finance Law, Annual Consumer Financial Services Conference, Loyola University School of Law, Chicago, Illinois, September 16, 2016;

Speaker, “New Frontiers: FCRA Litigation Against Lesser Known CRAs”, Consumer Rights Litigation Conference, National Consumer Law Center, Anaheim, California, October 2016;

Faculty, “Pursuing and Defending FDCPA, FCRA and TCPA Claims”, Consumer Finance Class Actions, Strafford Publications, June 2, 2016;

Speaker, “Stump the Champs”, Consumer Rights Litigation Conference, National Consumer Law Center, San Antonio, Texas, October 2015;

Speaker, Fair Credit Reporting Act Conference, National Association of Consumer Advocates, Las Vegas, NV May 1–3, 2015;

Co-Chair and Speaker, NACA 2013 FCRA Conference, National Association of Consumer Advocates, May 29 – June 1, 2013;

Presenter, Beyond E-Oscar: Litigating “Non-Credit” FCRA Cases, Webinar, National Association of Consumer Advocates, February 27, 2013;

Faculty, FDCPA Class Actions: Latest Litigation Developments, Strafford Webinars and Publications, November 8, 2012;

Speaker, Consumer Finance Class Actions: FCRA and FACTA: Leveraging New Developments in Certification, Damages and Preemption, Strafford Webinars and Publications, March 21, 2012;

Speaker, FCRA Developments, Consumer Rights Litigation Conference, National Consumer Law Center, Seattle, Washington, October 2012;

Speaker, 11^th Consumer Class Action Symposium, National Consumer Law Center, Chicago, Illinois, November 6, 2011;

Speaker, Tenant, Employment and Chexsystems Reports, Consumer Rights Litigation Conference, National Consumer Law Center, Chicago, Illinois, November 3 – 6, 2011;

Speaker, Specialty Consumer Reports and the FCRA, FCRA Conference on Consumer Credit, National Association of Consumer Advocates, Memphis, Tennessee, May 20 – 22, 2011;

Panelist, Taking on the Challenges Facing Workers with Criminal Records: Advancing the Legal and Policy Advocacy Agenda, National Employment Law Project, Washington, D.C., April 5, 2011;

Faculty, 16^th Annual Consumer Financial Services Litigation Institute (CLE-accredited), Collection Issues Including The TCPA & Hot Topics, Practicing Law Institute, New York, NY and Chicago, IL, March 2011;

Speaker, ABCs of Fair Credit Reporting, Tips on FCRA Depositions, Evolution of Credit Reporting Industries, Consumer Rights Litigation Conference, National Consumer Law Center, Boston, Massachusetts, November 11 – 14, 2010;

Faculty, Banking and Consumer Financial Services Law Update, Litigation and Arbitration Update, Pennsylvania Bar Institute, April 14, 2010;

Faculty, Deposit-Side Litigation Developments & Credit Card Developments, 14^th Annual Consumer Financial Services Litigation Institute, New York, NY and Chicago, IL, March and April 2009;

Faculty, 13^th Annual Consumer Financial Services Litigation Institute (CLE-accredited), Practicing Law Institute, New York, NY and Chicago, IL, January 2008, March 2008;

Speaker, Fair Credit Reporting Act Conference, National Association of Consumer Advocates, Chicago, IL May 8 – 10, 2009;

Faculty, 12^th Annual Consumer Financial Services Litigation Institute (CLE-accredited), Practicing Law Institute, New York, NY, March 2007;

Faculty, Fair Credit Reporting Litigation, Consumer Protection Law (CLE-accredited), Pennsylvania Bar Institute, Philadelphia, PA and Mechanicsburg, PA, December 2004, March 2007;

Speaker, Litigating Accuracy Issues with Furnishers of Credit Data, National Association of Consumer Advocates, New Orleans, LA, June 2 – 5, 2005;

Speaker, Philadelphia Housing Expo, Homeownership Counseling Association of the Delaware Valley, 2005 and 2006;

Speaker, Understanding Credit Scoring, Consumer Rights Litigation Conference, National Consumer Law Center, Boston, MA, November 7, 2004;

Speaker, Litigating Accuracy Issues With Credit Reporting Agencies, National Association of Consumer Advocates, Chicago, Ill., May 14 – 16, 2004;

Speaker, Protecting Privacy, Ensuring Accuracy, National Association of Consumer Advocates, Albuquerque, NM, June 1, 2002;

Faculty/Speaker, Credit Reporting and Debt Collection Litigation, Municipal Court Judicial Conference (CLE), Pennsylvania, PA, May 6, 1999;

Speaker, The People’s Law School, Philadelphia Bar Association, Philadelphia, PA, October 2004;

Guest Lecturer, Consumer Protection Law, Temple Law School, 2003 – 2012;

Guest Lecturer, Consumer Protection Law, Widener Law School, 2004 – 2009.

The FCRA: A Double-Edged Sword for Consumer Data Sellers,

GP SOLO Magazine, American Bar Association, Volume 29, Number 6, November/December 2012

Credit Rating Damage: Compensable, Yet Overlooked Damage in Tort Cases,

The Verdict, Philadelphia Trial Lawyers Association, Volume 2008-2009, Issue 6 (2009).