Overview

Raymond Kim is a commercial litigator in Holland & Knight's Los Angeles office whose practice focuses on consumer class action defense. Mr. Kim regularly represents clients in class actions brought under federal and state statutes, including the federal Electronic Funds Transfer Act (EFTA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Real Estate Settlement Procedures Act (RESPA), Telephone Consumer Protection Act (TCPA) and Truth in Lending Act (TILA).

In addition, he regularly handles state law claims involving California's Automobile Sales Finance Act, Consumers Legal Remedies Act (CLRA), Unfair Competition Law (UCL), False Advertising Law (FAL), Homeowner Bill of Rights (HOBR) and Song-Beverly Consumer Warranty Act, as well as other common law theories, including contract and tort-based claims.

Mr. Kim litigates in jurisdictions across the United States, including California, Florida, Illinois, New Mexico and New York. He also counsels clients on compliance issues, including email and telephone marketing, collection procedures, credit reporting, arbitration provisions, post-repossession notices, and post-sale surplus and deficiency notices. Mr. Kim's representation spans multiple consumer-facing industries, including traditional financial institutions, financial technology (FinTech), automobile finance, mortgage lenders and servicers, for-profit education, retail and restaurants.

Experience

  • Obtained voluntary dismissals of putative class actions alleging violations of the Telephone Consumer Protection Act (TCPA) against for-profit university, national restaurant chain, communications platform service provider and auto-title lender
  • Obtained summary judgment for national hardware retailer in an action alleging violations of the Consumer Legal Remedies Act (CLRA) and invasion of privacy
  • Obtained voluntary dismissal of putative class action brought under the Consumer Credit Reporting Agencies Act (CCRAA) claiming impermissible credit reporting practices regarding late payments against national mortgage lender
  • Obtained voluntary dismissal of putative class action lawsuit for national prepaid card distributor against claims under the California Unfair Competition Law (UCL) governing disclosures in prepaid calling cards
  • Obtained voluntary dismissal of putative class action claiming violations of the UCL and breach of contract claiming that national mortgage lender failed to comply with state escrow interest laws
  • Successfully settled nationwide class actions involving the federal TCPA and Fair Debt Collection Practices Act (FDCPA)
  • Successfully settled multiple class actions for financial services institutions involving the California Rees-Levering Motor Vehicle Sales and Finance Act (Rees-Levering Act)
  • Successfully settled on individual basis putative class action based on the Song-Beverly Consumer Warranty Act and UCL claiming impermissible recording of personal identifying information in connection with credit card transactions against national retailer
  • Compelled individual arbitration of putative class action against financial services institution alleging violations of the California Rees-Levering Act and UCL
  • Obtained dismissal of lawsuit alleging infringement of free speech and equal protection rights against national golf company; dismissal was affirmed by U.S. Court of Appeals for the Ninth Circuit
  • Obtained judgment in favor of private university against former student's petition for writ of administrative mandamus claiming wrongful expulsion
  • Obtained summary judgment for insurance company in an insurance bad faith action
  • Obtained numerous dismissals at pleadings stage for financial services institutions involving the federal Fair Credit Reporting Act (FCRA) and CCRAA
  • Obtained summary judgment for national credit card issuer in action alleging violations of the CCRAA and breach of contract
  • Obtained summary judgment for private university in action alleging violations of the California Anti-SPAM statute
  • Obtained voluntary dismissal of putative class action brought under the FCRA claiming impermissible credit pulls by national mortgage lender
  • Compelled individual arbitration of putative class action against financial services institution alleging violations of the California Rees-Levering Act and UCL

Credentials

Education
  • University of California Davis School of Law, J.D.
  • University of California, Berkeley, B.A.
Bar Admissions/Licenses
  • California
Court Admissions
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Northern District of Illinois
  • U.S. Court of Appeals for the Ninth Circuit

Publications

News