Attorney Bios

About Frank

Frank is a partner in Burr’s Litigation section, where his practice concentrates on consumer financial services litigation. Frank’s representation of clients in the financial services industry includes the defense of both individual and class/mass actions, ranging from state common law and statutory claims, including claims for fraud and identity theft, to claims for alleged violations of federal statutes, including the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act, the Fair Debt Collection Practices Act, the Real Estate Settlement Procedures Act, the Telephone Consumer Protection Act, and the Truth In Lending Act. Frank also represents asset-based lendors/lessors involved in intercreditor disputes and collateral recovery issues. Frank has extensive experience enforcing arbitration provisions and has arbitrated numerous consumer finance cases before American Arbitration Association and JAMS. Frank also has experience representing property, health, disability and life insurance companies in disputes with insureds and third-party litigants and defending claims against assureds under E & O policies.

Frank was selected as a “Rising Star” in the 2010 edition of Alabama Super Lawyers. He is also an editor of Burr & Forman’s Consumer Finance Monthly Litigation Update. Frank is a member of the Conference On Consumer Finance Law, the Business Law Section (Consumer Financial Services Committee) of the American Bar Association, where he serves as Chair of the Publications Subcommittee, ACA International (Member Attorney Program), the National Association of Retail Collection Attorneys, the Alabama Bar Association, the Florida Bar Association, the Georgia Bar Association, the Mississippi Bar Association, the Tennessee Bar Association and the Birmingham Bar Association.

Frank is admitted to practice before all State and U.S. District Courts in the States of Alabama, Florida, Georgia, Mississippi and Tennessee. Frank is also admitted to practice before the U.S. Court of Appeals for the Fifth, Sixth and Eleventh Circuits.

Frank received his J.D., cum laude, from the University of Alabama School of Law and his B.S. from Auburn University in Biomedical Sciences/Pre-Med. While attending law school, he was a member of the Order of the Barristers, the National Moot Court Team (Southeast Regional Winner), and the John A. Campbell Moot Court Board. In addition, he was the Chief Justice of the Honor Court and a Student Bar Association Representative.

Recent Presentations:

• July 2010: Fighting Actual Damages and Attorney Fees; ACA/Member Attorney Program Annual Conference; Washington, D.C.

• May 2010: Safely Communicating by Electronic Means; National Association of Retail Collection Attorneys; Washington, D.C.

• November 2009: Building Your Arsenal To Fight Statutory Damage, Actual Damage And Attorney’s Fees Claims In Federal Consumer Protection Cases; The Conference On Consumer Finance Law; Dallas, Texas.

Recent Publications:

• The End of the Bona Fide Error Defense for Mistakes of Law?, Consumer Financial Services Law Report, May 2010.

• The Eleventh Circuit Falls in Line with other Circuits On Whether State Law Violations Amount to FDCPA Violations, Consumer Financial Services Law Report, April 2010

• City of Birmingham Lacks Standing to Sue for Rising Foreclosures, Consumer Financial Services Law Report, September 2009

• Is the FDCPA’s Fee Shifting Provision of Any Use to Defendants?, Consumer Financial Services Law Report, July 2009.

• Have Courts Shown a “Manifest Disregard” for “Hall Street Associates, LLC v. Mattel, Inc.?”, Banking & Financial Services Policy Report, May 2009.

• Same Song, Different Year— Attorneys Fees Still a Driving Force Behind Consumer Finance Litigation, The Conference on Consumer Finance Law’s Quarterly Report, Fall/Winter 2008.

• Foti’s ‘Message’ Taken a Step Further in 11th Circuit, Consumer Financial Services Law Report, Dec. 2008.

• Closing a Door But Opening a Window: Judicial Review of Arbitration Awards After Hall Street, Consumer Financial Services Law Report, Oct. 2008.

• First FACTA Class Settlement Approved, Consumer Financial Services Law Report, Dec. 2007.

• Breach of Health-Insurance Contract Case Overrules Colquitt, ABA/ TIPS Health and Disability Insurance Law Newsletter, Fall/Winter 2007 edition.

Sample Decisions:

• RBC Bank v. CMI Electronics, Inc., 2010 WL 2719096 (M.D. Ala. July 8, 2010)(granting summary judgement in favor of lender on $200,000+ claim)

• Hennis v. Trustmark Bank, 2010 WL 1904860 (S.D. Miss, May 12, 2010) (granting motion to dismiss all claims asserted against client, including claims for alleged FDCPA violations.)

• Wilson v. Midland Credit Management, Inc. 2009 WL 2059332 (S.D. Ala. July 7, 2009)(granting motion to dismiss plaintiff’s state law claims based on the complete preemptive affect of 28 U.SC.§ 1681t (b)(1)(F))

• Eparvier v. Fortis Ins. Co., 312 Fed. Appx. 185 (11th Cir. June 3, 2008) (vacating federal district court’s remand order)

• Legg v. Fortis Ins. Co., 978 Sp. 2d 776(Ala. Ct. Civ. App. June 29, 2007), cert. denied, 2007 WL 4260076 (Ala. Aug. 31, 2007) (Affirming summary judgment against plaintiff and in favor of health insurer in breach of contract and bad faith failure to pay case)

• Gilchrist v. CitiFinancial Services, Inc., 2007 WL 177821 (M.D. Fla. Jan. 19, 2007) (Denying plaintiff’s motion to remand and granting lender’s motion to compel arbitration in consumer fraud case)

• Martin v. First Family Financial Services, Inc., 2006 WL 521452 (N.D. Miss. March 2, 2006) (Granting summary judgment against 25 plaintiffs and in favor of lenders in consumer fraud case)

• Liddell v. First Family Financial Services, Inc., 146 Fed. Appx. 748 (5th Cir. 2005) (Affirming summary judgment against 19 plaintiffs and in favor of lenders in consumer fraud case)

• CitiFinancial, Inc. v. Moody, 910 So. 2d 553 (Miss. 2005)(reserving trial court on denial of motion to sever and transfer venue)

• Ex parte Procom Services, Inc., 884 So. 2d 827 (Ala. 2003) (Granting of a petition for a writ of mandamus to enforce outbound forum selection clause against plaintiff)