Jamie N. Cotter

Jamie Cotter is a full-service litigator and the co-leader of the Litigation and Dispute Resolution Practice Group who represents public, private, and corporate clients with all of their litigation needs.

Jamie helps corporate clients with a wide variety of complex commercial and business litigation issues, including class action and multi-jurisdictional disputes. Jamie has significant experience in defending creditors from individual and class action claims brought under the Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA), Fair Credit Reporting Act (FCRA), various state consumer protection statutes, and common law fraud. Jamie acts as regional and national counsel for several debt collection agencies and maintains a multi-jurisdictional creditor’s rights practice.

Locally, Jamie specifically enjoys practicing in all forms of litigation that “touch the land.” Jamie represents property owners with all facets of real estate litigation from quiet title actions, condemnation issues, and easement disputes. Jamie represents both condemning authorities and landowners throughout Colorado with respect to eminent domain issues including: acquisition of access rights, the impact of blight on property values, remainder valuation and remainder damages, easement versus fee taking, easement valuation and inverse condemnation. Jamie strives to understand her clients’ businesses and lives such that she can effectively guide them through the condemnation process.

Jamie focuses much of her practice helping municipal, special districts and other quasi-governmental entities that are facing litigation by advising them on how to pursue or defend against claims so that they can move through the litigation process as efficiently and successfully as possible. She has a keen understanding of the specific laws affecting these entities and represents them in the district court and appellate court level.

Representative Experience

Creditor Litigation

• Wright v. Portfolio Recovery Associates, Case No. 2020C032092 (Boulder County, 2022) (obtained full defense verdict for claims of violations of the Colorado Fair Debt Collection Practices Act after a two-day trial)
• Kersten v. Portfolio Recovery Associates, Case No. 2021C030865 (Weld County, 2022) (obtained full defense verdict for claims of violations of the Colorado Fair Debt Collection Practices Act after a one-day trial
• Kwasniewski v. Medicredit, Inc., 2021 WL 248442 (W.D. Wis. Jan. 25, 2021)(obtained dismissal and de-certification of class action due to Court’s finding that the plaintiff lacked standing to bring her claims under the FDCPA).
• Ngo v. NPAS, Inc., 2021 WL 149121, at *1 (E.D. La. Jan. 15, 2021) (Court entered summary judgment on plaintiff’s claims finding that the debt was not in default and therefore NPAS was not acting as a debt collector within the meaning of the FDCPA).
• Goodman v. Asset Acceptance LLC et al, 2019 WL 7037482 (D. Colo. December 20, 2019) (granting summary judgment on Plaintiff’s class action Complaint finding that Defendants’ communications were not false, misleading or deceptive under the FDCPA).
• Collins v. Diversified Consultants, Inc., et al, 2017 WL 971528 (D. Colo. March 13, 2017) and 2017 WL 6767114 (D. Colo. October 11, 2017) (Obtained partial summary judgment and a unanimous jury verdict in favor of a debt collector involving claims for violation of the FDCPA, FCRA, negligence, and CCPA).

Real Estate/District Litigation

• Cielo Vista Ranch II v. Richard Anthony Mondragon, et al., Case No. 2021CV30010 (Costilla County, 2022) (obtained full judgment on behalf of the plaintiff in quiet title and trespass action after two-day trial)
• Falcon Broadband, Inc. v. Banning Lewis Ranch Metro. Dist. No. 1, et al., P.3d, 2018 COA 92, 2018 WL 3153752 (Colo. App. 2018) (affirming summary judgment on behalf of a metropolitan district in a contract dispute because the contract was not subject to annual appropriations).
• Eastern Adams County Metro District v. Strasburg Sanitation and Water District, 2011 WL 4497223 (Colo. App. 2011) (Obtained summary judgment on behalf of a Colorado special district in a rate setting case and conducted oral argument in the Colorado Court of Appeals where the judgment was affirmed).
• City of Greeley ex rel. Water and Sewer Bd. V. Snyder, 2009 WL 4987165 (Colo. App. December 24, 2009) (Obtained summary judgment on behalf of a landowner in a condemnation case and conducted oral argument in the Colorado Court of Appeals where the judgment was affirmed).

Other Litigation

• Vidal v. AHC of Aurora, LLC, 2018 WL 1053027 (D. Colo. January 26, 2018) (Obtained unanimous jury verdict in favor of a skilled nursery facility in federal court in a case involving claims of federal and state wage and hour law violations and retaliation).
• Trick Technologies, Inc. v. High Speed Aggregate, Inc., 2013 WL 3865592 (Obtained summary judgment in favor of Chapter 7 bankruptcy trustee on adversary proceeding on fraudulent transfer claim).

MEMBERSHIPS and CIVIC INVOLVEMENT

• President, Judge William E. Doyle Inn of Court
• Denver, Colorado and Wyoming Bar Associations
• Member, Nebraska State Bar Association
• Volunteer, Centennial Elementary, Broomfield CO
• Volunteer, Feeding Families and Fueling Hope (FISH), Broomfield CO

DISTINCTIONS

• Best Lawyers in America, 2022-2023
• Colorado Super Lawyers, Rising Star, 2014–2022
• Rated “AV-Preeminent” from Martindale-Hubbell

Publications and Presentations

• Speaker, “Issues in Nebraska Energy and Electric Utility Regulation”, Webinar, November 4, 2022
• Speaker, “Cost to Cure and Other Expert Testimony: Supporting the Appraiser’s Opinion”, 2022 Colorado Eminent Domain Conference, October 6, 2022
• Speaker, “Confessions of an Outside Counsel: To Collect or Not to Collect, That is the Question,” Association of Corporate Counsel (ACC), May 25, 2022
• Co-Author, “U.S. Supreme Court Holds That Plaintiffs Must Suffer Concrete Harm to Sue in Federal Court,” July 12, 2021
• Author, “Between a Rock and a Hard Place – Condemning Property When in the Process of Obtaining Development Approvals,” Special District Association of Colorado’s newsletter, June 2021
• Author, “Condemnation challenges during development approvals,” Colorado Real Estate Journal, May 19-June 1, 2021
• Co-Author, “Least Sophisticated Consumer is Presumed to Have a Willingness to Read Collection Letters With Care 3rd Circ. Explains,” Receivables Advisor, April 20, 2021
• Co-Author, “Court: Confusion and Anxiety Fail to Satisfy a Plaintiff’s Burden Under the FDCPA,” ACA International, March 26, 2021
• Speaker, “Top Ten Tips for Avoiding Condemnation,” Special District Association of Colorado Conference, September 23, 2020
• Speaker, “Don’t Forget to Turn Off the Stove: How Boilerplate Provisions in Your Contracts Can Burn You,” Special District Association of Colorado Conference, September 18, 2019
• Speaker, “Precondemnation Checklist, Crossing the T’s and Dotting the I’s Before a Case is Filed,” 22nd Annual Eminent Domain Institute Conference, 2019
• Author, “Special Districts – How to Protect Yourself from Litigation,” Law Week Colorado, March 14, 2016

Contact Jamie Cotter at 303.839.3826 or jcotter@spencerfane.com.