Michael D. Ferachi
Member
Baton Rougemferachi@mcglinchey.com
(225) 382-3667 (p)
(225) 343-3076 (f)
Michael D. Ferachi is a member and the managing director in our Baton Rouge office. His primary emphasis is on commercial litigation, with a focus on consumer finance litigation, class action litigation, general business litigation, and insurance defense litigation at both the trial level and the appellate level. Michael also practices in the areas of aviation representation, outdoor advertising representation, trademarks, appellate practice, commercial finance litigation and construction litigation. He has lectured on a number of CLE topics related to litigation issues.
Litigation
Consumer Financial Services
Michael has represented a number of clients in local class actions and nationwide class actions. Recently, he represented a large issuer of credit cards in a nationwide class action regarding payment due date and posting practices. He has also represented a major airline and a major credit card company in a nationwide class action regarding the airline's frequent flyer program.
A large part of Michael’s practice concerns consumer finance litigation. He has dealt with a number of federal statutes and regulations pertaining to consumer finance litigation, such as FCRA, HOEPA, ECOA, Regulation Z, TILA, FDCPA, and FACT.
Published Opinions
- Witty v. Delta Air Lines, Inc., 366 F.3d 380 (5th Cir. 2004). The appellate decision in Witty was the first federal appellate court decision involving airlines and deep vein thrombosis (DVT)
- Luckett v. Delta Air Lines, Inc., 171 F.3d 295 (5th Cir. 1999)
- Allred v. Moore & Peterson, 117 F.3d 278 (5th Cir. 1997)
- Tigert v. American Airlines, Inc., 2009 WL 5215978 (W.D. La 2009)
- Williams v. Beneficial Administration Company, Inc., et al, 2008 WL 1995050 (E.D. La. 2008)
- Toler v. Green Tree Servicing LLC, 2008 WL 2858728 (W.D.La. 2008)
- Clarkston v. Allstate Ins. Co., 2007 WL 128806 (E.D. La. 2007)
- Pro Active Therapy of Greenville, Inc., et al v. Cenac, 2004 WL 2186617 (E.D. La. 2004)
Barabay Property Holdings v. Boh Brothers, 2008-C-1185 (La. S. Ct. 03/17/09) Certified Capital Corporation v. Reis, 2008 CA 0454 (La. App. 1st Cir. 3/27/09) - Meyers v. Bank One, N.A., 2007 WL 1300948, 2006-1450 (La.App.1st.Cir. 5/4/07)
- John H. Onstott v. Certified Capital Corporation, 2005 CA 2548 (La. App. 1st Cir. 11/03/06)
- Vishal Hospitality, LLC v. Choice Hotels International, Inc., 2004 CA 0568R (La. App. 1st Cir. 06/28/2006)
- Certified Capital Corp. v. Reis, 897 So.2d 128 (La. App. 1st Cir. 2005)
- Chase Manhattan Mort. Corp v. Lassiter, 889 So.2d 1155 (La. App. 5th Cir. 11/30/04)
- Townsend v. Urie, 800 So.2d 11 (La. App. 1st Cir. 5/11/01)
- U.S. Pollution Control, Inc. v. National American Ins. Co., 663 So.2d 119 (La. App. 3d Cir. 8/30/95)
Admitted to Practice
- Louisiana
- United States District Court for the Eastern District of Louisiana
- United States District Court for the Middle District of Louisiana
- United States District Court for the Western District of Louisiana
- United States Court of Appeals for the Fifth Circuit
- United States District Court for the Southern District of Texas
Education
- Louisiana State University Paul M. Hebert Law Center, J.D., 1989 (Order of the Coif)
- Louisiana State University, B.S., Accounting, 1986 (Omicron Delta Kappa)
Professional Affiliations
- American Bar Association, House of Delegates, 2003-2005
- Baton Rouge Bar Association, Immediate Past President (2005); President (2004); President-elect (2003); Treasurer and Secretary (2002); Board member (1998-2005)
- Baton Rouge Bar Foundation, Immediate Past President (2005); President (2004); President-elect (2003); Treasurer and Secretary (2002); Board member (1998-2005)
- The Federal Bar Association, Baton Rouge Chapter, 2004-present
- Louisiana Law Review, 1987-1989
- Louisiana State Bar Association, House of Delegates, 2004 - present; Committee to Authorize President to Speak on Behalf of the LSBA, 2005; Budget Committee, 2008 - present
- Wex S. Malone Chapter of the American Inns of Court, Former Barrister
Presentations
- "Update on FCRA Issues and Developments," Debt Collection, Loan Servicing, Foreclosure and Consumer Bankruptcy, The Credit Law Institute and Conference on Consumer Finance Law, 2009
- "Update on FCRA Issues and Litigation," Consumer Finance Legal Conference, 2009
- "Update on FCRA Issues and Developments," Consumer Credit 2009, The Credit Law Institute and Conference on Consumer Finance Law, 2009
- "Lender Liability Claims from Hurricanes Katrina and Rita," Texas State Bar Association, 2008
- "Other FCRA Developments and Litigation - Red Flag ID Theft Rules and Issues," Credit 2008, The Credit Law Institute and Conference on Consumer Finance Law, 2008
- "Current Fair Debt Collection Practice Act Issues," Consumer Debt Collection, Loan Servicing, and Bankruptcy Seminar, The Credit Law Institute and Conference on Consumer Finance Law, 2008
- "Emerging Trends on the Fair Debt Collection Practices Act," Consumer Finance Legal Seminar, 2007
- "Emerging Trends in Class Actions," Consumer Credit Seminar, The Credit Law Institute and the Conference on Consumer Finance Law, 2007
- "Class Action Fairness Act: What It Is and How It Has Been Applied," Federal Bar Association, 2006
- "Class Action Fairness Act and You," Consumer Finance Legal Seminar, 2006
- "CAFA-nated: The Class Action Fairness Act Primer," Baton Rouge Bar Association, 2006
Publications
- "Survey of Current FDCPA Developments," Consumer Finance Law Quarterly Report, Vol. 63, Nos. 3-4, Fall-Winter 2009
Community and Other Activities
- Junior Achievement Teacher, 2010
- Episcopal High School, Chair of Board of Trustees, 2007-2009
- St. James Episcopal Day School, Chair of Board of Supervision, 2001-2002
- Boy Scouts of America, Cub Scout Den Leader, 2002-2007
