Concepcion A. Montoya brings nearly 15 years of trial and litigation experience to her practice, specifically consumer defense and employment law. Ms. Montoya has litigated in the federal courts of New York and New Jersey in more than 40 class action lawsuits involving claims brought under various federal and state consumer and employment laws. In addition, Ms. Montoya has worked extensively in legal malpractice defense and general commercial litigation.
Ms. Montoya is widely recognized for successful strategies that resolve litigation disputes involving consumer defense claims and employment law. Ms. Montoya's clients have also benefitted from her risk management programs and counseling on all aspects of consumer defense and employment regulations.
Ms. Montoya joined Hinshaw & Culbertson LLP in 2005 and was made Partner in 2010. Ms. Montoya is a member of Hinshaw's Diversity Committee.
In the field of consumer class action litigation, Ms. Montoya frequently defends leading financial services organizations against claims arising from various federal statutes, including the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA), the Truth-in-Lending Act (TILA), and the Real Estate Settlement Procedures Act (RESPA). Her clients include banks, credit card companies, creditors, loan servicers, mortgage lenders, debt buyers and third-party debt collectors. She also counsels clients in the financial and consumer industries regarding compliance with federal and state regulatory standards.
Ms. Montoya brings substantial experience to her employment law practice. She has defended employment discrimination claims brought pursuant to Title VII and other employment claims, which include the Fair Labor Standards Act (FLSA). Ms. Montoya is also experienced in defending claims involving the Americans with Disabilities Act (ADA), specifically involving premises accessibility litigation. Her clients reflect widely diverse industries, from food service providers to telecommunications and construction.
As a trial attorney, Ms. Montoya has defended multiple federal jury trials and arbitration with successful defense verdicts, and defended clients before the Equal Employment Opportunity Commission, the New York State Division of Human Rights and the New York City Commission on Human Rights.
Ms. Montoya has also designed and conducted training workshops for clients in the consumer lending industry regarding compliance with the FDCPA, FCRA, and TCPA and regulations promulgated by the Consumer Federal Protection Bureau (CFPB).
Before joining Hinshaw, Ms. Montoya was an Assistant Corporation Counsel in the Special Federal Litigation Division of the Office of the Corporation Counsel of the City of New York, where she defended the City and its municipal employees in federal civil rights actions. During her tenure with the Corporation Counsel, Ms. Montoya was awarded "Legal Rookie of the Year 2000-2001," for demonstration of outstanding performance, promise, dedication, a solid work ethic, constructive attitude and willingness to contribute to a positive work environment. In 2004, she received the "Municipal Affairs Award" for outstanding achievement in the New York City Law Department, from the Municipal Affairs Committee of the Association of the Bar of the City of New York.
- Federal Bar Council, Inn of Court
- National Asian Pacific Amerian Bar Association, LGBTQ Network, Co-Chair
- Asian American Bar Association of New York, Litigation Committee, Co-Chair
LGBT Bar Association of Greater New York (LeGaL), Board Member
- New York City Bar Association, Federal Courts Committee, Member
Honors & Awards
- Municipal Affairs Award presented by the Association of the Bar of the City of New York
- Legal Rookie of the Year, Office of the Corporation Counsel of the City of New York
Ms. Montoya’s jury trials, all of which resulted in defense verdicts, include the following:
- Nimely v. City of New York, 98 Civ. 6925, before the Honorable Charles R. Wolle.
- Lee v. City of New York, 00 Civ. 3181, before the Honorable John P. Gleeson.
- Rogers v. City of New York, 00 Civ. 5903, before the Honorable Denny Chin, U.S. District Court, Southern District of New York.
- Santos v. City of New York, 00 Civ. 4533, before the Honorable Harold Baer, U.S. District Court, Southern District of New York.
- Robinson v. Trow, 99-CV-0060, before the Honorable Jack Weinstein, U.S. District Court, Eastern District of New York.
Her published decisions include:
- Foy v. City of New York, 03 Civ. 7318, before the Honorable Harold Baer, U.S. District Court, Southern District of New York. Motion to dismiss granted.
- Almonte v. City of New York, 03-CV-5078, before the Honorable Allyn Ross, U.S. District Court, Eastern District of New York. Motion for summary judgment granted.
- Willis v. City of New York, 02 Civ. 5932, before the Honorable Gerald Lynch, U.S. District Court, Southern District of New York. Motion of summary judgment granted.
- Lovelace v. City of New York, 02-CV-5398, before the Honorable Frederic Block. Partial summary judgment granted.
- Obilo v. Giuliani, 01-CV-5118, before the Honorable David G. Trager, U.S. District Court, Eastern District of New York. Motion to dismiss granted.
- Arias-Hernandez v. Wells, 01 Civ. 4736, before the Honorable Michael B. Mukasey. Partial summary judgment denied.
- Boomer v. Grant, 00 Civ. 4709 and Boomer v. Lanigan, 00 Civ. 5540, before the Honorable Denise Cote, U.S. District Court, Southern District of New York. Partial summary judgment awarded to defendants.
"Defending FDCPA Claims Based on Collection Letters," Lorman Education Services, webinar, October 26, 2017
- "Top FDCPA Violations all Collectors Must be Aware Of," Lorman Education Services, webinar, March 23, 2017
- "Foreign Americas - Asian America And Race," 6th Annual Columbia APALSA Conference, New York, New York, February 11, 2017
- "Top 10 TCPA Violations: Prevention and Defenses," Lorman Education Services, webinar, June 2016
- "Defending FDCPA Claims Based On Collection Letters," Lorman Education Services, live seminar, August 2014
- "When Words Get in the Way: FDCPA Claims Based on Collection Letters," Lorman Education Services, live audio conference, November 2011
- "The Trial of Tokyo Rose Reenactment," The National Asian Pacific American Bar Association 2011 Northeast Regional Conference, Stamford, Connecticut, June 2011
- "Ethics and E-Discovery: Common Issues, Hidden Problems," West LegalEdcenter live webcast, February 2010
- "False Arrest, Malicious Prosecution and Excessive Force," CLE Instructor, Corporation Counsel of the City of New York, 2003 and 2004
- “Living in the Shadows: The Undocumented Immigrant Experience of Filipinos,” Filipino-Americans: Transformation and Identity, ed. Maria P.P. Root, Sage Publications, April 1997.
- “The Asian Principle of Self-Negation and the Christian Ethic of Love: A Buddhist-Christian Encounter,” Women and World Religions, Asia Pacific Women’s Studies Journal, Vol, 5, Philippines: Institute of Women’s Studies, 1995.
- Distilling the DC Circuit's TCPA Decision in ACA International v. FCC
- Read Before You Leap: Providing Telephone Number To Communicate With Collector Does Not Overshadow Validation Rights Bryce Newell, Concepcion A. Montoya
- Department of Education Announces Award of Student Loan Collections Contracts: the Latest Chapter in a Long-Running Saga Vaishali S. Rao, Concepcion A. Montoya
- Third Circuit Rules that a Single Voicemail on a Cell Phone is Sufficient to Confer Standing for a TCPA Claim
- A Cautionary Tale Regarding Case and Witness Preparation in Third Circuit TCPA and FDCPA Decision
- 87 Debt Collection Calls in 3 Weeks? Maybe too much
Consumer Crossroads: Where Financial Services and Litigation Intersect
Employment Law Observer
- January 9, 2017Consumer Financial Services Alert
- December 15, 2015
- December 22, 2014
- November 25, 2014
- September 16, 2013
- September 16, 2013Lawyers for the Profession® Alert
- August 5, 2013
- December 6, 2012
- September 7, 2012
- May 9, 2012
- August 1, 2011
- July 1, 2010
- May 3, 2010
Ms. Montoya was born in the Philippines and is a graduate of Stuyvesant High School and New York University. Prior to Brooklyn Law School, Ms. Montoya studied Theology and Ethics from Union Theological Seminary, earning a Masters of Divinity degree. Her training and education has supported her passion to teach, defend, and serve.
Her current residence is New York City, where she enjoys photography and poker.
Ms. Montoya has crafted and led several major professional education efforts, given deposition trainings, and conducted mock trials before professional bar associations. Her pro bono work includes the handling of immigration and employment matters for the Asian American Legal and Education Fund, specifically individuals affected by the Development, Relief, and Education for Alien Minors, or "DREAM" Act.
J.D., Brooklyn Law School, 2000
- Associate Managing Editor, Journal of Law and Policy
M.Div., Union Theological Seminary, 1995
B.A., Political Science, New York University, 1990
- New Jersey
- New York
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Northern District of New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Western District of New York