About Rik
Rik focuses on consumer finance matters such as the defense of class, mass and individual actions involving the FCRA, FDCPA, FCBA, RESPA, HOEPA, TILA, RICO, securities and state UDTPA, fraud, and bad faith claims.
He has extensive experience enforcing arbitration provisions, enforcing covenants not to compete, and confidentiality provisions against agents, as well as defending and prosecuting cases against Internet schemes concocted to avoid legitimate debt. He has tried over 20 consumer finance cases to a conclusion and arbitrated over 35 cases to a conclusion before the FINRA, AAA, JAMS and NAF. Rik has served as lead counsel in more than 60 class actions, in over 13 states.
Recent Highlights
Successfully compelled malpractice claims against nursing home in Arkansas into arbitration.
Spearheaded defense of a linen service provider in numerous class actions alleging fraud and price fixing across the country. Each matter was dismissed on early motion.
Successfully challenged Mississippi DOI ban on inclusion of arbitration clauses in insurance agreements. Argued case before the Fifth Circuit Court of Appeals. This case is cited in Mississippi DOI Regulations as permitting arbitration clauses in Mississippi insurance contracts.
In 2006, arbitrated 12 cases before the AAA and JAMS, prevailing in every instance; tried three cases to verdict (in three different states), in each case obtaining a defense verdict.
Representing major mortgage originator in a series of “firm offer of credit” class actions across the country.
Obtained dismissal of putative class action brought by agent of broker-dealer in Tennessee challenging validity of agent contracts. Successfully defended appeal before the Sixth Circuit Court of Appeals.
Negotiated favorable resolution to ongoing group of mass actions filed throughout the country within six months of retention.
Rik has been recognized as a “leading individual” in General Commercial litigation by Chambers USA every year since 2006. He has also been named one of Alabama’s “Litigation Stars” in the 2008 - 2010 editions of Benchmark Litigation. Rik was named by the 2008, 2011 and 2012 editions of Alabama Super Lawyers magazine as one of the top attorneys in the state of Alabama.
Reported Cases
Northport Health Services of Arkansas, LLC, et al. v. Wayne Rutherford, as Personal Representative of the Estate of Isaac Mitchell Rutherford (W.D. Ark. Mar. 17, 2009). (United States District Court for Western District of Arkansas, in issue of first impression, compelled arbitration of plaintiff’s malpractice claims against defendant nursing home and related entities brought on behalf of former resident).
Brown v. Protective Life Ins. Co., 135 Fed. Appx. 647 (C.A. 5 (LA)).
Anthony v. American Heritage Life Ins. Co., 115 Fed. Appx 655 (C.A. 5 (Miss.)).
Brown v. Protective Life Ins. Co., 353 F. Supp. 2d 739 (E.D. LA. 2004).
Brown v. Protective Life Ins. Co., 353 F. 3d 405 (C.A. 5 (LA) 2003).
Taylor v. Citibank USA, N.A., 292 F. Supp. 2d 1333 (M.D. Ala. 2003).
Boyd v. American Heritage Life Ins. Co., 282 F. Supp. 2d 502 (S.D. Miss. 2003).
Denson v American Heritage Life Ins. Co., 2003 Westlaw 24901467 (S.D. Miss.).
Mason v. Acceptance Loan Company, 859 So. 2d 389 (Ala. 2002).
Lang v. American Heritage Life Ins. Co., 294 F. 3d 72 (C.A. 5 (Miss.) 2002).
Chapman Funeral Home, Inc. v. National Linen Service, 178 F. Supp. 2d 1247 (N.D. Ala. 2002).
Speeches And Publications
“Legal Theories for Defense Counsel in Dangerous Jurisdictions,” Consumer Finance Class Actions, September 29 & 30, 2004, in New York, New York
“Strategies for Trying Consumer Finance Cases” Consumer Finance Litigation and Class Actions, April 7 & 8, 2005, in Chicago, Illinois.
“Removal Strategies in Dangerous Jurisdictions,” Consumer Finance Litigation and Class Actions, September 26 & 27, 2005, in New York, New York
“How to Argue Summary Judgments in Firm Offer of Credit Cases Given Cole,” Consumer Credit Litigation, June 5 & 6, 2007, New York, NY