Barbara Fernandez

Partner in Charge of Miami Office

Miami, FL

She/Her

"I advocate for my clients by combining strong legal analysis and a results-driven approach to resolve disputes efficiently and effectively."

305-428-5031

Email YmZlcm5hbmRlekBoaW5zaGF3bGF3LmNvbQ==

Barbara Fernandez

Partner in Charge of Miami Office

Miami, FL

She/Her

"I advocate for my clients by combining strong legal analysis and a results-driven approach to resolve disputes efficiently and effectively."

305-428-5031

Email YmZlcm5hbmRlekBoaW5zaGF3bGF3LmNvbQ==

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About Barbara

Barbara is a skilled litigator who defends banks, loan servicers, and other financial companies in consumer and class action litigation in state and federal courts. She has extensive experience handling claims under the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Florida Consumer Collection Practices Act, Telephone Consumer Protection Act (TCPA), and the Florida Deceptive and Unfair Trade Practices Act.

Barbara also defends mortgage servicers, lenders, investors, and trustees of securitized mortgage trusts in disputes involving the origination, transfer, and servicing of residential and commercial loans, including allegations of predatory lending, mortgage fraud, consumer protection violations, and challenges to foreclosure rights.

A recognized leader in the firm, Barbara is the partner-in-charge of the Miami office, a member of the firm’s Executive Committee, and a member of the firm's Diversity Committee. She also serves as the Miami office's Office Mentor Coordinator (OMC), overseeing the mentor program and advising young attorneys in challenging situations. Previously, she was co-chair of Hinshaw's Hispanic/Latino Attorney Network and a member of the Evaluation Committee for Hinshaw's Attorney Life Committee.

Areas of Focus

Industries:

Services:

Initiatives:

- International Law & Alliances;
- Nationwide Litigation Portfolio Management

Experience

Secured a defense verdict in Florida for a client accused of forgery and Truth in Lending Act (TILA) violation, with the court ruling that the claim was time-barred, forgery was irrelevant, and amendment futile. The appeal was rejected in May 2024.
In a matter of first impression, the court held that, under Florida law, a consumer does not have a private cause of action against a debt collection agency under Fla. Stat. §559.72(9) for its alleged failure to maintain a registration with the state of Florida. Conner v. BCC Financial Management Services, Inc., 489 F.Supp.2d 1358 (S.D. Fla. 2007).
Secured a victory for a student loan servicer in a TCPA lawsuit, winning summary judgment in the Southern District of Florida and successfully defending the ruling on appeal to the US Court of Appeals for the Eleventh Circuit. The court followed the Second Circuit's lead in Reyes v. Lincoln Automotive Fin. Servs., holding that consent given as “bargained-for consideration in a bilateral contract” cannot be unilaterally revoked.
Obtained summary judgment in defense of debt buyer. The court ruled that the buyer reasonably relied on the electronic records from the creditor and conducted a reasonable investigation into the debtor's dispute, thus not violating the Fair Credit Reporting Act (FCRA), 15 U.S.C. §1681. (Lead counsel, M.D. Fla. 2015).
Secured summary judgment for defendant debt collector in a TPCA lawsuit. The court found that was no violation of the TPCA, 47 U.S.C.A. § 227(b)(1)(A) because the consumer had given express consent to automated collection calls as a condition of her purchase from an underlying creditor. Jordan v. ER Solutions, Inc., 10-62409-CIV, 2012 WL 5245384 (S.D. Fla. Oct. 18, 2012).

Recognition

Miami-Dade Florida Association for Women Lawyers (MDFAWL), Impact Awards "Women of Distinction," 2025
South Florida Business Journal, Power Leaders in Law & Accounting, 2025; Influential Business Woman, 2021; 40 Under 40, 2012
Florida Trend Magazine, Florida 500™: Florida’s Most Influential Business Leaders, 2024; Florida Legal Elite, Most Notable Women in Law, 2023
Coral Gables Chamber of Commerce, Businesswoman of the Year, Corporate Leader, 2021
Cystic Fibrosis Foundation, 40 Under 40 Outstanding Lawyers of South Florida Award, August 2014
Daily Business Review, Rising Stars, 2013
Diversity MBA Magazine, Top 100 Under 50 Diverse Executive & Emerging Leaders, 2013
University of Miami School of Law, Hispanic Law Student Association, Vice President; Miami Entertainment and Sports Law Review, Member

Credentials

Education

University of Miami School of Law, JD, 2001
Florida International University, BS, cum laude, 1997

Bar Admissions

Florida

Court Admissions

US Supreme Court
US Court of Appeals for the Eleventh Circuit
US District Court for the Middle District of Florida
US District Court for the Northern District of Florida
US District Court for the Southern District of Florida

Languages

Spanish

Thought Leadership

Presentations

Panelist, "Power Moves: Women Driving Business Development and Origination Panel and Cocktail Reception," Miami, Florida, April 1, 2025
"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
"Top 10 TCPA Violations: Prevention and Defenses," Lorman Education Services, Webinar, June 2016
Ethical Governance Day 2014, Commission on Ethics & Public Trust, Miami-Dade County, October 2014

Blog Posts

Events

Hinshaw Alerts

United States Seeks 'At Will' Removal of CFPB Director, Mar 21, 2017
Three Things You Missed Since CFPB Received En Banc Hearing in PHH Case, Mar 16, 2017
Mere Receipt Of A Collection Letter – Without More – Does Not Give Standing to Sue, Jan 9, 2017
Florida’s Highest Court Says Each Default Resets Statute of Limitations for Foreclosure Actions, Nov 4, 2016
Supreme Court Provides a Narrow Win for Defendant—With Chance for More—On "Actual Injury" Issue, May 16, 2016

Hinshaw Newsletters

Consumer Financial Services Newsletter - March 2017 Edition, Mar 16, 2017
Consumer Financial Services Newsletter - February 2017 Edition, Feb 13, 2017
Consumer Financial Services Newsletter - December 2016 Edition, Dec 21, 2016
Consumer Financial Services Newsletter - November 2016 Edition, Nov 22, 2016
Consumer Financial Services Newsletter - October 2016 Edition, Oct 28, 2016

In The News

Press Releases

View all of Barbara's Insights

Interests

Did you know...

Despite living in warm and sunny Florida, Barbara’s favorite escape is to the mountains for skiing.

Community/Civic Activities

Coral Gables Preparatory Academy, Silent Auction Committee, 2016 – 2017
Lawyers for Children America, Volunteer

Thought Leadership

Presentations

Panelist, "Power Moves: Women Driving Business Development and Origination Panel and Cocktail Reception," Miami, Florida, April 1, 2025
"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
"Top 10 TCPA Violations: Prevention and Defenses," Lorman Education Services, Webinar, June 2016
Ethical Governance Day 2014, Commission on Ethics & Public Trust, Miami-Dade County, October 2014