Jessica E. Salisbury-Copper
Practice Group Vice Chair, Business Litigation
Jessica’s practice focuses on consumer financial services litigation and compliance, product liability litigation, and complex commercial disputes. Her willingness to dig deep and get her hands dirty allows her to unravel complex situations. She focuses on outstanding client care, which makes her the choice for many of the Firm’s clients. She is known in the litigation practice group for her intelligence, organizational skills, and dedication to clients who are facing complex litigation issues. Her ability to collaborate and work as part of a team allows her to identify the appropriate Thompson Hine lawyers to support clients’ needs in every aspect of running their business.
Consumer Financial Services Litigation and Compliance:
Jessica’s consumer financial services practice focuses on individual and class action litigation in mortgage, credit card, debt collection, auto loan, and servicing matters. She regularly counsels national and local providers of consumer credit on regulatory and litigation matters. Her clients include banks and nonbank lenders, mortgage lenders and servicers, third-party service providers, auto lenders, and debt buyers.
Jessica regularly represents clients in a variety of individual and class action matters. She has helped clients navigate the regulations that affect their business, and defended claims under the following:
- Telephone Consumer Protection Act (TCPA)
- Truth in Lending Act (TILA)
- Real Estate Settlement Procedures Act (RESPA)
- Fair Credit Reporting Act (FCRA)
- Fair Debt Collection Practices Act (FDCPA)
- Equal Credit Opportunity Act (ECOA)
- Uniform Commercial Code (UCC)
- Ohio Consumer Sales Practices Act (CSPA)
- Ohio Retail Installment Sales Act (RISA)
- Ohio Unfair, Deceptive, or Abusive Acts or Practices (UDAAP) statutes.
Jessica is on the Governing Committee of the Conference on Consumer Finance Law and serves as a Co-Vice Chair to the Litigation and Arbitration Subcommittee of the American Bar Association Consumer Financial Services Committee.
Product Liability Litigation:
Jessica’s product liability litigation practice focuses on representing manufacturers and suppliers in product liability cases throughout the country. Jessica also provides counseling to clients regarding risk management, national litigation coordination and management services, contract terms and conditions (with a focus on risk analysis, compliance, and documentation), and the protection of confidential and proprietary information.
Clients regularly call on Jessica to defend them in all aspects of litigation both in Ohio and nationwide. Jessica is proud to have been selected for inclusion in Rising Stars by Ohio Super Lawyers magazine from 2014 to 2018.
Prior to joining Thompson Hine, Jessica served as a judicial attorney for the Honorable Frank D. Celebrezze, Jr. in Ohio’s Eighth District Court of Appeals.
Jessica is admitted to practice in the state of Ohio, the U.S. District Court for the Southern and Northern Districts of Ohio, and the U.S. Sixth Circuit Court of Appeals. She is also admitted to practice in the state of Indiana, the U.S. District Court for the Southern District of Indiana.
Throughout her career, Jessica has had the opportunity to hone her litigation skills on a broad range of matters, including the following:
- Routinely advising clients when responding to Qualified Written Requests (QWR), Requests for Information (RFI), and Notices of Error (NOE) under the Real Estate Settlement Procedures Act (RESPA), including preparation of draft responses and advice on documents to be provided in response to such requests.
- Representing client in nationwide class action settlement involving a RESPA case involving the alleged failure to properly respond to QWRs, RFIs, and NOEs.
- Representing client in settlement of Ohio class action involving alleged violations of Ohio’s Retail Installment Sales Act (RISA).
- Successfully representing financial institutions and mortgage servicers, both in individual and class in actions in Ohio and nationwide, in a variety of cases arising under Ohio’s Uniform Commercial Code, the Ohio Consumer Sales Practices Act, Equal Credit Opportunity Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, Real Estate Settlement Procedures Act, Retail Installment Sales Act, Real Estate Settlement Procedures Act, and the Truth In Lending Act.
- Successfully representing purchasers, suppliers, and manufacturers in product liability and breach of warranty actions in Ohio and nationwide.
- Routinely representing and counseling mental health organization regarding privacy and privilege issues, including response to and opposition of requests for information and subpoenas.
- Routinely representing of landlords in both commercial and residential leasing disputes and eviction actions.
- Richissin v. Rushmore Loan Mgmt. Servs., 2020 U.S. Dist. LEXIS 223128 (N.D. Ohio Nov. 30, 2020) (dismissing RESPA claim because alleged notice of error did not relate to servicing or a covered error as set forth in applicable statutes and regulations).
- Iler v. Wells Fargo Bank, N.A., 2020 U.S. Dist. LEXIS 216261 (S.D. Ohio Nov. 18, 2020) (overruling objections to magistrate’s decision dismissing FDCPA claim against the bank finding that the allegations of the complaint failed to plausibly allege that the bank was a debt collector).
- Frank v. Autovest, 2020 U.S. App. LEXIS 18082 (D.C. Cir. June 9, 2020) (finding debtor lacked standing to pursue FDCPA claim when she admitted that she did not take, or refrain from taking, any action as a result of the alleged misrepresentation).
- Iler v. Wells Fargo Bank, N.A., 2020 U.S. Dist. LEXIS 94052 (S.D. Ohio May 29, 2020) (granting motion to dismiss FDCPA and CSPA claims asserted against the bank).
- Frank v. Autovest, LLC, 2019 U.S. Dist. LEXIS 169021 (D.D.C. Sep. 29, 2019) (granting summary judgment in favor of debt buyer and its servicer because alleged misrepresentation in violation of the FDCPA was not material).
- Munoz v. Rushmore Loan Management Servs. LLC, 2017 U.S. Dist. LEXIS 193191 (S.D. Ohio Nov. 21, 2017) (dismissing claims against loan servicer for defamation, breach of contract, breach of the implied covenant of good faith and fair dealing, and violations of the FDCPA and TILA).
- Carter v. Deutsche Bank Nat’l Trust Co., 2017 U.S. Dist. LEXIS 21398 (6th Cir. 2017) (affirming decision in favor of bank).
- U.S. Bank, N.A. v. Matthews, 2017-Ohio-407, Ohio 8th Dist. Court of Appeals (affirming summary judgment in favor of bank).
- Matthews v. U.S. Bank, N.A., 2017-Ohio-70, Ohio 8th Dist. Court of Appeals (dismissing borrower’s counterclaim as being barred by res judicata).
- Bank of N.Y. Mellon v. DePizzo, 2015-Ohio-40, 11th Dist. Court of Appeals (reversing a decision that the bank’s foreclosure claim was barred by the statute of limitations and remanding for the consideration of additional evidence).
- JPMorgan Chase Bank, N.A. v. Chenoweth, 2014-Ohio-3507, Ohio 2nd Dist. Court of Appeals (affirming denial of borrower’s motion to vacate a foreclosure judgment).
- Deutsche Bank National Trust Co. v. Carter, 2014-Ohio-5193, Ohio 12th Dist. Court of Appeals (affirming a decision in favor of residential mortgagee and holding that mortgagee demonstrated its standing to foreclose by proving its interest in the note and mortgage).
- Buckner v. Washington Mutual Bank, 2014-Ohio-5189, Ohio 12th Dist. Court of Appeals (affirming summary judgment for Lender because borrower’s civil claims were barred by the res judicata effect of a prior foreclosure judgment).
- Wells Fargo Bank, N.A. v. Hammond, 2014-Ohio-5270, Ohio 8th Dist. Court of Appeals (affirming summary judgment in favor of Lender and holding that Lender demonstrated its standing to foreclose).
- Fed. Home Loan Mtge. Corp. v. Trissell, 2014-Ohio-1537, Ohio 2nd Dist. Court of Appeals (assignment of mortgage gives rise to presumption of assignment of note).
- Wells Fargo Bank, N.A. v. Goebel, 2014-Ohio-472, Ohio 2nd Dist. Court of Appeals (compliance with face-to-face requirements for FHA mortgages).
- Wells Fargo Bank, N.A. v. Gerst, 2014-Ohio-80, Ohio 5th Dist. Court of Appeals (compliance with face-to-face requirements for FHA mortgages).
- Wells Fargo Bank, N.A. as Trustee for WaMu Mortgage Pass Through Certificates Series 2005-PR2 Trust v. Reaves, 2014-Ohio-3556, Ohio 12th Dist. Court of Appeals (allegations of complaint are deemed to be true when borrowers fail to respond to complaint obviating any challenge the borrowers attempt to make to summary judgment evidence on those allegations).
- Wells Fargo Bank, N.A. v. Heimbaugh, 2014-Ohio-4637, Ohio 6th Dist. Court of Appeals (court does not abuse its discretion in granting default judgment against borrowers when documents demonstrating bank’s standing to foreclose were attached to the complaint and the bank’s compliance with conditions precedent was admitted by the borrowers’ failure to file an answer).
- Everbank v. Vanarnhem, 2013-Ohio-3872, Ohio 3rd Dist. Court of Appeals (standards for excusable neglect).
- U.S. Bank National Association v. Stanze, 2013-Ohio-2474, Ohio 2nd Dist. Court of Appeals (waiver of defense based on HUD's face-to-face regulation).
- Flagstar Bank, F.S.B. v. Cintron, 2012-Ohio-5914, Ohio 2nd Dist. Court of Appeals (right of rescission under Truth-In-Lending Act).
- "Sixth Circuit Decision Muddies the Waters on Constitutionality of TCPA’s Government-Debt Exception," Thompson Hine Business Litigation Update, September 2021
- “Supreme Court Narrows TCPA Definition of ATDS,” Thompson Hine Business Litigation Update, April 2021
- “The Intersection of the Least Sophisticated Consumer, Materiality, and Standing,” Conference on Consumer Finance Law Quarterly Report, Vol. 74, Nos. 2 and 3, March 2021
- “Eleventh Circuit Deepens Split on Standing in FDCPA Cases,” Journal of Bankruptcy Law, January 2021
- “Louisiana Federal Court Holds that TCPA Was Unconstitutional from 2015 to 2020,” Thompson Hine Business Litigation Update, October 2020
- "Tenth Circuit Limits Bankruptcy Protections for Private Student Loans," Thompson Hine Business Litigation Update, September 2020
- “Sixth Circuit Agrees with Second and Ninth Circuits’ Definition of ATDS,” Thompson Hine Business Litigation Update, August 2020
- “Eleventh Circuit Deepens Split on Standing in FDCPA Cases,” Thompson Hine Business Litigation Update, July 2020
- “The TCPA Lives to See Another Day as the Supreme Court Severs the Government-Debt Exception,” Thompson Hine Business Litigation Update, July 2020
- “Landmark Supreme Court Ruling: CFPB’s Leadership Structure Is Unconstitutional,” Thompson Hine Business Litigation Update, July 2020
- "Second Circuit Takes Expansive Approach on the Definition of an ATDS," The Journal of Robotics, Artificial Intelligence & Law, September-October 2020
- “Decisions Highlight Relevance of Responses to Alleged Misrepresentation in FDCPA Cases,” Thompson Hine Business Litigation Update, June 2020
- “Ninth Circuit Agrees With the Seventh and Eleventh Circuits in Holding That Consent From the Intended Recipient of a Call Is Not Sufficient to Avoid TCPA Liability,” Thompson Hine Business Litigation Update, June 2020
- “Eleventh Circuit Agrees With Second Circuit That Individuals Cannot Revoke Bargained-For Consent Under the TCPA,” Thompson Hine Business Litigation Update, May 2020
- “Ninth Circuit Gives Interesting Definition of “Consumer Credit” Under TILA and RESPA,” Thompson Hine Business Litigation Update, April 2020
- “Second Circuit Takes Expansive Approach on the Definition of an ATDS,” Thompson Hine Business Litigation Update, April 2020
- “Ninth Circuit Holds That Debt Buyers That Outsource Direct Collection Are Still Debt Collectors Subject to the FDCPA,” Thompson Hine Business Litigation Update, March 2020
- “Remote Online Notarization Emerging as an Essential Business Tool in Ohio,” Thompson Hine COVID-19 Update, March 2020
- "Bankruptcy Court Holds That Filing a False Rule 3002.1 Notice is an Abuse of Process Under the Bankruptcy Code and Violates FDCPA," Thompson Hine Business Litigation Update, February 2020
- “Supreme Court Finds No Discovery Rule in the FDCPA,” Thompson Hine Business Litigation Update, December 2019
- “Supreme Court Sends TCPA Case Back to Fourth Circuit,” Thompson Hine Business Litigation Update, June 2019
- “New Ohio Law Allows Remote Online Notarization,” Thompson Hine Business Litigation Update, April 2019
- “New FCC Rule Creates TCPA Reassigned Numbers Database,” Thompson Hine Business Litigation Update, April 2019
- “The Madden Effect: Whose Interest Rate is it Anyway?” American Bar Association Business Law Section, Consumer Financial Services Committee Newsletter, August 2018
- "Final Appealable Orders," Dayton Bar Association Bar Briefs, April 2011
- Casenote: State of Ohio v. Tooley, 34 Ohio N.U.L. Rev. 1025 , 2008
- “Emerging Issues in Debt Collection Dispute Resolution,” Conference on Consumer Finance Law Debt Collection Symposium, March 11, 2021
- "A Look at the Increased Scrutiny Being Applied by the Courts and the FTC with Regard to Class Action Settlements," ABA Business Law Section Annual Meeting, September 23, 2020
- Panelist, “The Madden Effect: Whose Interest Rate Is It Anyway?” ABA Business Law Section Spring Meeting, April 12-14, 2018 (Orlando, FL)
- "Madden v. Midland and Related Issues," OSBA Banking Law Institute, November 2016
- The FDCPA and Updates in FDCPA Litigation, American Bar Association Consumer Financial Services Committee, September 2016 (Boston, MA)
- "Final Appealable Order: An Update," Dayton Bar Association Appellate Practice Committee, April 2012
- "Final Appealable Orders," Dayton Bar Association Appellate Practice Committee CLE, December 2011
- Selected to Ohio Rising Stars list, 2014-2021
- Governing Committee of the Conference on Consumer Finance Law (CCFL), member
- American Bar Association, Consumer Financial Services Committee, Young Lawyer Liaison to the Litigation and Arbitration Subcommittee (2016-2020); Co-Vice Chair to the Litigation and Arbitration Subcommittee (2020-present)
- Dayton Bar Association, Young Lawyers Division, Former Chair of the Community Service Committee
- Federal Bar Association, Former CLE Chair, Dayton Chapter
- Ohio State Bar Association, Member of the Litigation Section, Women in the Profession Section, Banking, Commercial & Bankruptcy Law Committee and Federal Courts & Practice Committee
- Big Brothers Big Sisters of the Greater Miami Valley Associate Board Member, Secretary (Former), Chair (2020)
- Generation Dayton, Former member
- Dayton Chapter of the American Red Cross, Associate Board, Former member and Chair of the Logistics Committee
Eleventh Circuit Deepens Split on Standing in FDCPA CasesJournal of Bankruptcy Law
December 23, 2020