Ashley R. Fickel

Mr. Fickel’s current and recent representations include the following:

Consumer Financial Services Litigation

Representation of major mortgage servicers and lenders in numerous actions seeking to circumvent residential foreclosures in both state and federal court.

Representation of loan servicers and lenders in individual and putative class action claims alleging denial or improper handling of residential loan modifications under HAMP and other federal programs.

Representation of major debt collectors in cases involving alleged violations of the Fair Credit Reporting Act (FCRA) and the Fair Debt Collection Practices Act (FDCPA), including class actions.

Data Privacy-Related Engagements

Representation of financial institutions with respect to privacy-related issues, including defense of cases brought under the Telephone Consumer Protection Act (TCPA) and consultation regarding privacy issues captured in the Graham Leach Bliley Act (GLBA).

Representation of financial institutions with respect to counsel and advice regarding the forthcoming California Consumer Privacy Act (CCPA).

Automotive Industry Litigation

Representation of auto manufacturers in cases involving breach of warranty, violation of the California Consumer Legal Remedies Act, and California Business and Professions Code section 17200.

Representation of motor vehicle and tire manufacturers and manufacturers in products liability cases involving catastrophic injuries.

Representation of auto finance companies in a variety of consumer litigation.  Mr. Fickel is the author of PLI’s “Consumer Financial Services Answer Book” chapter on consumer auto finance law.

Class Action Litigation

Representation of national banks, debt collectors and other entities in defense of putative class actions alleging unauthorized call recording and monitoring under California Penal Code sections 630 and 632.

Representation of financial services companies, debt collectors and other entities in defense of putative class actions alleging “blast fax,” automated dialer, and related claims under the Telephone Consumer Protection Act (TCPA).

Representation of auto manufacturers and other manufacturers in national class action cases.

Commercial Litigation

Representation of manufacturers in Uniform Commercial Code (UCC) disputes, breach of warranty and breach of contract claims with vendors/suppliers and customers, and numerous consumer warranty claims on the individual and class level.

Representation of a Spanish toy distributor in a dispute with a supplier regarding breach of supplier agreement, resulting in a favorable settlement.

Representation of a property damage appraisal franchisor in a dispute with a franchisee regarding termination of three of the franchisee’s locations.

Representation of a real estate tech company in a dispute with a software developer over breach of a development agreement including failure to timely deliver product.

Construction Litigation

Representation of general contractors in all manner of business issues, including financing issues, mechanic’s liens, and stop notices.

Representation of contractors and subcontractors in construction litigation ranging from complex construction defect and construction delay claims. In connection with construction claims, Mr. Fickel has deposed numerous expert witnesses.

Product Liability and Toxic Tort Litigation

Representation of manufacturers of specialty coatings. Mr. Fickel is a member of the Dykema team with responsibility for developing and implementing expert scientific, medical, and state-of-the-art defenses to novel contamination claims currently challenging companies that incorporate talc into their commercial and consumer products.

Representation of manufacturers and distributers of consumer products in cases involving serious injuries.

Representation of manufacturers, property owners, and others in a variety of toxic tort claims.