Partner & Vice President1212 Guadalupe, Suite 104 Austin, TX 78701
(512) 476-9103 Ext. 216
Mr. Newburger received his B.A. in history from Trinity University in 1980 and his J.D. from the University of Texas School of Law in 1983. In addition to practicing in the firm's Austin office, he is also an adjunct professor at the University of Texas School of Law where he teaches consumer protection law, and he is the president of Fair Debt Consultants, LLC. Mr. Newburger is the principal author of M. Newburger and B. Barron, Fair Debt Collection Practices: Federal and State Laws and Regulations (Sheshunoff & Pratt) and the nine previous versions of that treatise and a contributing author to Texas Collections Manual – Third Edition (State Bar of Texas 2000), Manual of Credit and Commercial Laws (National Association of Credit Management), and The Practice of Consumer Law (National Consumer Law Center) (Chapter 13).
Mr. Newburger is licensed to practice law in both Texas and Colorado. He is also admitted to practice before the United States Supreme Court, the United States Courts of Appeals for the Second, Fifth, Seventh, Eighth, and Ninth Circuits, all United States District Courts for the State of Texas, and the United States District Courts for the District of Colorado, the Northern District of Illinois, the Northern and Southern Districts of Indiana, the Western District of Tennessee, and the Eastern and Western Districts of Wisconsin. He has been certified as a specialist in Consumer and Commercial Law by the Texas Board of Legal Specialization and has been repeatedly recognized by Thomson Reuters as a Texas Super Lawyer® for years 2005-2013.
Mr. Newburger is a past chair of the Consumer Law Section of the State Bar of Texas, the Texas State Bar's Advisory Commission on board certification in consumer law, and the Consumer Law Exam Commission. He is also a member of the Commercial Law League of America and has served as both chair and chair emeritus of that organization's Fair Debt Collection Practices Act Committee. He is a Fellow of the American College of Consumer Financial Services Lawyers.
A frequent speaker at legal education programs throughout the United States and as far away as India, Mr. Newburger has prepared and presented CLE articles at programs sponsored by the State Bar of Texas, the State Bar of Arizona, the State Bar of Hawaii, the State Bar of Kansas, the State Bar of Missouri, the Kansas City Metropolitan Bar Association, the Suffolk County (New York) Bar Association, Texas Tech Law School, University of Houston Law Foundation, South Texas College of Law, Oklahoma City University School of Law, University of Mississippi Center for Continuing Education, the Commercial Law League of America, the National Association of Retail Collection Attorneys, the Debt Buyers Association, the Conference on Consumer Finance Law, the National Association of Consumer Advocates, PLI, and the North American Collection Agency Regulatory Association. He served on the Manual Committee for the Texas Collections Manual - Third Edition, published by the State Bar of Texas. In addition to his many seminar articles he is the author of many published articles. A few examples of Mr. Newburger's publications are: M. Newburger, "Lucy, Charlie Brown, and the FDCPA." Debt3, Volume 22, No. 1, pp. 8 -13, 2007; R. Canter and M. Newburger, "Common Law Immunity for Litigation Activities Under the Fair Debt Collection Practices Act." Consumer Finance Law Quarterly Report, Vol. 61, No. 1, pp. 29-39, 2007; and M. Newburger, "Legal Ethics Issues for Collection Attorneys – Part One." Debt3, Volume 23, No. 2, pp. 8 -14, 2008.
Mr. Newburger consults on FDCPA compliance across the world and on the defense of Fair Debt cases across the United States. He has been retained by collection agencies, law firms, debt buyers, and creditors to negotiate, defend, advise on, or testify in FDCPA-related matters in Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Texas, Virginia, West Virginia, Washington and Wisconsin. He testified before a United States Congressional Subcommittee regarding the Fair Debt Collection Practices Act at the last Oversight Hearing held on the Act, and he has been quoted in articles on consumer law in publications such as Lawyers Weekly USA, The National Law Journal, The Texas Lawyer, The Wall Street Journal, Credit and Collections Risk and The Washington Post. He has represented the Commercial Law League of America as an amicus curiae in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, 130 S. Ct. 1605, 176 L.Ed.2d 519 (2010); Heintz v. Jenkins, 514 U.S. 291, 115 S.Ct. 1489 (1995), Koons Buick Pontiac GMC, Inc. v. Nigh, 543 U.S. 50, 125 S. Ct. 460,160 L. Ed. 2d 389 (2004), White v. Goodman, 200 F.3d 1016 (7th Cir. 2000), and Riviere v. Banner Chevrolet, Inc., 184 F.3d 457 (5th Cir. 1999).
Mr. Newburger has been the recipient of numerous pro bono awards. In 1999 received the State Bar of Texas' Frank J. Scurlock award for legal services to the poor, and in 2006 he received the J. Chrys Dougherty Award from Volunteer Legal Services of Central Texas. In 2005 he received the Don Kramer Award from the National Association of Retail Collection Attorneys, and in 2008 he received the Commercial Law League of America's President's Cup.