Barbara Fernandez focuses her litigation practice in the areas of consumer and class action litigation. She has extensive experience in the defense of individual and class action claims involving the Fair Debt Collection Practices Act (FDCPA), Florida Consumer Collection Practices Act, Telephone Consumer Protection Act, Fair Credit Reporting Act, and the Florida Deceptive and Unfair Trade Practices Act. Her clients include lending institutions, debt collection agencies, debt buyers and lawyers.

In addition, Ms. Fernandez has experience in handling Magnusson-Moss warranty claims, Florida Lemon Law matters, actions involving vicarious liability of rental and leasing companies, as well as defending claims involving catastrophic personal injuries, motor vehicle accidents, construction site accidents, defamation and civil theft. A selection of Ms. Fernandez’s representative cases includes:

• Obtained summary judgment in defense of debt collector and imposition of sanctions against debtor's counsel for unreasonably continuing to pursue meritless claims warranting a finding of bad faith in FDCPA action. (Co-counsel, Southern District of Florida).
• Bolanos v. First Investors Servicing Corp., 2010 WL 4457347 (S.D. Fla. Oct. 29, 2010), where the court dismissed plaintiff's case and compelled arbitration, finding that claims under the Fair Debt Collection Practices Act are not exempted from arbitration.
• Valencia v. Affiliated Group, Inc., 2009 WL 4893113 (S.D. Fla. September 21, 2009), where the court made an across-the-board reduction of 60 percent to plaintiff's attorney's fees and costs under the Fair Debt Collection Practices Act because plaintiff's attorney wasted time and energy attempting to obtain additional equitable relief unmistakably precluded by case law only to recover one dollar less than defendant had offered in an Offer of Judgment ten months earlier.
• Keston v. Firstcollect, Inc., 2007 WL 4225593 (S.D. Fla. October 31, 2007), where a debt collection agency did not have sufficient minimum contacts with Florida to permit Florida district court to exercise personal jurisdiction over it under the Fair Debt Collection Practices Act (even though the agency had a license in Florida), given that agency had not directed any collection efforts to Florida in connection with the debtor.
• Conner v. BCC Financial Management Services, Inc., 489 F.Supp.2d 1358 (S.D. Fla. 2007), where the court held that, under Florida law, a consumer does not have a private cause of action against a debt collection agency for its alleged failure to maintain a registration with the state of Florida.

Prior to joining Hinshaw & Culbertson LLP in August 2002, Ms. Fernandez handled all aspects of personal injury defense for a maritime defense firm. She has been a member of the Evaluation Committee of Hinshaw’s Attorney Life Committee.

In 2000, while still in law school, Ms. Fernandez served a judicial internship with the Third District Court of Appeal. In addition to her other law school accomplishments, Ms. Fernandez served as Vice President of the Hispanic Law Student Association.

Ms. Fernandez is an active member of the Cuban American Bar Association. In addition, she is a member of the Dade County Defense Bar Association, where she is serving a second term as President. Her professional memberships also include The Florida Bar, American Bar Association and the American Collector’s Association and its Members Attorney Program.

Ms. Fernandez speaks Spanish fluently. Ms. Fernandez is a co-editor of Hinshaw’s Consumer and Class Action Litigation newsletter, which is published monthly. Her presentations include:

• “Protecting the Integrity and Security of Neuropsychological Examinations,” Dade County Defense Bar Association, Miami, Florida, November 2007.
• "Vicarious Liability in Florida Regarding the Use of Motor Vehicles," Sedgwick Claims Management, Troy, Michigan, July 2004.

As part of her work with Dade County Defense Bar Association, Ms. Fernandez volunteers annually to help raise funds for Lawyers for Children America.