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MANUEL H. NEWBURGER

MANNY NEWBURGER (Barron & Newburger, P.C.) received his B.A. in history from Trinity University in 1980 and his J.D. from the University of Texas School of Law in 1983. In addition to practicing in the firm's Austin office. he is also an Adjunct Professor at the University of Texas School of Law, where he teaches consumer protection law, and he is the President of Fair Debt Consultants, LLC.  Mr. Newburger is the principal author of M. Newburger and B. Barron, Fair Debt Collection Practices: Federal and State Laws and Regulations (Sheshunoff & Pratt) and the three previous versions of that treatise, and a contributing author to Texas Collection Manual – Third Edition (State Bar of Texas 2000), Manual of Credit and Commercial Laws (National Association of Credit Management), and The Practice of Consumer Law (National Consumer Law Center) (Chapter 13).

Mr. Newburger  has been licensed to practice law in the State of Texas since November, 1983, and is admitted to practice before the United States Supreme Court, the United States Courts of Appeals for the Second, Fifth, Seventh, and Ninth Circuits, all United States District Courts for the State of Texas, and the United States District Courts for the Central District of California, the Northern and Southern Districts of Indiana, and the Eastern and Western Districts of Wisconsin. He has been certified as a specialist in Consumer and Commercial Law by the Texas Board of Legal Specialization, and in 2005 he was recognized by the publishers of Texas Monthly and Law and Politics as a Texas Super Lawyer.

Mr. Newburger is a past Chair of the Consumer Law Section of the State Bar of Texas, the Texas State Bar's Advisory Commission on board certification in consumer law, and the Consumer Law Exam Commission. He is also a member of the Commercial Law League of America, and has served as both Chair and Chair Emeritus of that organization's Fair Debt Collection Practices Act Committee.

A frequent speaker at legal education programs throughout the United States and as far away as India, Mr. Newburger has prepared and presented CLE articles at programs sponsored by the State Bar of Texas, the State Bar of Arizona, the State Bar of Hawaii, the State Bar of Kansas, the State Bar of Missouri, the Kansas City Metropolitan Bar Association, the Suffolk County (New York) Bar Association, Texas Tech Law School, University of Houston Law Foundation, South Texas College of Law, Oklahoma City University School of Law, University of Mississippi Center for Continuing Education, the Commercial Law League of America, the National Association of Retail Collection Attorneys, the Debt Buyers Association, the Conference on Consumer Finance Law, the National Association of Consumer Advocates, PLI, and the North American Collection Agency Regulatory Association. He served on the Manual Committee for the Texas Collections Manual - Third Edition, published by the State Bar of Texas. In addition to his many seminar articles he is the author of the following published articles:

M. Newburger, "Unreasonable Debt Collection Practices." Caveat Vendor, Volume 15, No. 2, pp. 25 - 27, 1990.

M. Newburger, "Recent Developments Under the Fair Debt Collection Practices Act." Commercial Law Bulletin, Volume 8, No. 1, pp. 12 - 19, 1993.

M. Newburger, "Acceleration Notices and Demand Letters," Consumer Finance Law Quarterly Report, Vol. 47, No. 4, pp. 338-351, 1993.

M. Newburger, "Better Defense Through Giving Up: Some Thoughts on Defending Fair Debt Cases." Commercial Law Bulletin, Vol. 10, No. 6, pp. 21 - 33.

"FDCPA Case Law Review," Consumer Finance Law Quarterly Report, Vol. 51, No. 2, pp. 158-169, 1997.

M. Newburger, "When Worlds Collide: Fair Debt Collection Practices Act vs. State Law." Journal of Texas Consumer Law, Volume 2, No. 4, pp. 122 - 125, 1999.

"Fair Debt Case Update III," Consumer Finance Law Quarterly Report, Vol. 53, No. 3, pp. 173-180, 1999.

"Pre-Judgment Collection of Legal Fees: A Right Without a Remedy?" Consumer Finance Law Quarterly Report, Vol. 59, No. 4, pp. 350-356, 2005, reprinted in Journal of Texas Consumer Law, Volume 9, No. 3, pp. 110 - 115, 2006.

Mr. Newburger consults on Fair Debt cases across the United States. and he has been retained by collection agencies, law firms, debt buyers, and creditors to negotiate, defend, advise on, or testify in FDCPA-related matters in Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Texas, Virginia, West Virginia, Washington, and Wisconsin. He testified before a United States Congressional Subcommittee regarding the Fair Debt Collection Practices Act at the last Oversight Hearing held on the Act, and he has been quoted in articles on consumer law in publications such as Lawyers Weekly USA, The National Law Journal, The Texas Lawyer, The Wall Street Journal, Credit and Collections Risk, and The Washington Post.  He has represented the Commercial Law League of America as an amicus curiae in Heintz v. Jenkins, 514 U.S. 291, 115 S.Ct. 1489 (1995), Koons Buick Pontiac GMC, Inc. v. Nigh, 543 U.S. 50, 125 S. Ct. 460,160 L. Ed. 2d 389 (2004), White v. Goodman, 200 F.3d 1016 (7th Cir. 2000), and Riviere v. Banner Chevrolet, Inc., 184 F.3d 457 (5th Cir. 1999).

Mr. Newburger has been the recipient of numerous pro bono awards.  In 1999 received the State Bar of Texas’ Frank J. Scurlock award for legal services to the poor, and in 2006 he received the J. Chrys Dougherty Award from Volunteer Legal Services of Central Texas.  In 2005 he received the Don Kramer Award from NARCA.

 

 

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