Mr. Kaminski’s practice specializes in the defense of collection agencies and creditors under the Fair Debt Collection Practices Act (“FDCPA”), the Fair Credit Reporting Act (“FCRA”), the Telephone Consumer Protection Act (“TCPA”) and related state consumer protection statutes. He represents clients throughout the United States and practices in all state and federal courts throughout the State of California, as well as the Ninth Circuit Court of Appeals and the California Supreme Court. Mr. Kaminski has extensive experience in multi-district and class action litigation with emphasis on the TCPA, FDCPA, the FCRA, state invasion of privacy and recording act claims, and the California Business and Professions Code.
Mr. Kaminski is a member of the attorney panel of the American Collectors Association (“ACA International”). He has been retained by the ACA International to coordinate the defense strategies in the TCPA class action lawsuit, Leckler v. CashCall, in which the U.S. District Court for the N.D. of California sought to narrow the definition of “prior express consent” and invalidate an FCC 2008 Order favoring the debt collection industry. Mr. Kaminski successfully assisted in overturning the Court’s decision. He is also one of the coordinating defense attorneys in the mass TCPA litigation entitled, Kinder Coordinated Litigation involving over 150 TCPA lawsuits pending in the California State Courts.
Mr. Kaminski has lectured on such topics as the FDCPA, the FCRA, the TCPA, class action strategies in State and Federal cases, trends in consumer litigation, risk management issues, and other related topics throughout the United States for the ACA International, the California Association of Collectors and its chapters, the Commercial Law League of America, the California Creditors Bar Association, the National Association of Retail Collection Attorneys, and DAKCS Software Systems, Inc. Mr. Kaminski has also been a long-time lecturer for the California Continuing Education of the Bar.
- FDCPA Defense
Mr. Kaminski handles FDCPA defense matters for numerous clients. He has defended oral and written communications by collection agencies and individual debtors and resolved many cases to the satisfaction of his clients.
- Torts and Personal Injury
Mr. Kaminski has defended numerous complex personal injury lawsuits on behalf of individuals, corporations, and business and public entities in California state and federal courts. The cases range from complex products liability and asbestos cases and complex personal injury claims with respect to accidents on large construction sites. The type of injuries involved in these cases include death, closed and open head trauma, paraplegic and quadriplegic cases, complicated emotional distress claims, fractured and severed limbs, with claims also involving complex lost earnings and loss of consortium claims.
- Governmental Liability and Public Entity Defense
In the area of governmental liability and public entity defense, Mr. Kaminski's practice includes representation of schools, colleges, school districts and their employees. He is experienced in extricating public entities from lawsuits based upon sophisticated analysis of governmental immunities.
- Employment
From employment discrimination or termination based on gender, race, age or ethnicity to sexual harassment and retaliation, Mr. Kaminski has been retained by various corporate clients to perform risk management seminars for their human resources department in order to minimize potential liabilities with respect to employment related torts.
- Business Litigation and Contract Matters
Mr. Kaminski has defended numerous corporate entities and individuals with regard to sophisticated and complex business litigation matters involving breaches of contract and intentional torts. In the area of breach of contracts and business torts, Mr. Kaminski has defended multi-million dollar lawsuits involving fraud and products liability. Mr. Kaminski has successfully defended multi-party litigation in matters of this kind involving multi-million dollar claims.
- Environmental and Toxic Torts
Mr. Kaminski has litigated numerous and environmental contamination cases involving multi-million dollar claims. Mr. Kaminski successfully defended internationally known multi billion dollar oil companies in various multi-million dollar contamination cases. The cases he has defended have involved sophisticated nuances of the various codes and statutes which impact potential environmental liability. Mr. Kaminski has also successfully defended complex asbestos actions and obtained summary judgment in numerous asbestos cases.
- Trial Experience
Mr. Kaminski has defended clients in numerous trials. His trials have included complex real estate matters, employment discrimination cases, complex products liability matters and negligence claims involving corporations.
EDUCATION
Southwestern University, School of Law - J.D. 1986
Recipient-Outstanding Achievement Award in Academics
Member, Phi Alpha Delta
Florida State University - B.M. 1982
Cum-Laude-1982
BAR/COURT ADMISSIONS
All California Courts
U.S. District Court, for the Central, Southern, Eastern and Northern Districts of
California
Ninth Circuit Court of Appeals
PROFESSIONAL & CIVIC INVOLVEMENT
State Bar of California
Los Angeles County Bar Association
Member of Numerous Boards of Directors of various Charitable Foundations
Mr. Kaminski has been a long/standing member of the Los Angeles
Superior Court
Alternative Dispute Resolution Panel where he has served as arbitrator and
mediator on hundreds of cases involving a wide variety of legal topics