David Schultz defends Fortune 500 companies, debt buyers, debt collection agencies, lawyers, lending institutions and others in consumer litigation and counsels organizations throughout the consumer financial services industry on risk management. He also defends lawyers and law firms in legal malpractice matters. Currently the Leader of the Business Litigation Department of Hinshaw & Culbertson LLP, Mr. Schultz is a past chair of the firm's Consumer & Class Action Litigation group.
Mr. Schultz is a nationally recognized in the area of consumer litigation defense at both the trial and appellate levels. He has been lead counsel in more than 200 class action lawsuits involving claims brought under various state and federal consumer laws, including the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA) and the Chicago Residential Landlord Tenant Act. Mr. Schultz handles regulatory matters, including before the Illinois Department of Financial and Professional Regulation (IDFPR), state Attorney Generals, and the Consumer Financial Protection Board (CFPB).
Mr. Schultz is active in several leading consumer financial services industry organizations, such as ACA International, National Association of Retail Collection Attorneys (NARCA) and the Debt Buyer Association International (DBA). On behalf of ACA International, he wrote and submitted to the U.S. Supreme Court an amicus curiae brief in Mims v. Arrow Financial Services, LLC, 132 S.Ct. 740 (2012), and for NARCA, he wrote and submitted to the Court an amicus curiae brief in Edwards v. First American Financial Corp. (2011). Mr. Schultz was also selected by ACA International's president to serve on the organization's five-person Members' Attorney Program Committee (2012–2015). He also serves on a NARCA defense panel consisting of firms that provide risk management advice and defend NARCA members.
Mr. Schultz has substantial experience representing lawyers in legal malpractice cases. He is a frequent author and lecturer on attorney malpractice, defense and risk management issues.
Prior to joining Hinshaw in November 1990, Mr. Schultz served for two years as a judicial clerk for the Honorable Howard C. Ryan, Justice of the Illinois Supreme Court. He also served on the legal staff of Michael J. Madigan, Speaker of the Illinois House of Representatives.
- American Bar Association
- Illinois State Bar Association
- American Collector's Association, Members Attorney Program
- National Association of Retail Collection Attorneys (NARCA)
- Debt Buyer Association (DBA)
Honors & Awards
- Recognized as a "Super Lawyer" by Illinois Super Lawyers magazine
- Member of the Leading Lawyers Network, where he was selected by his peers as a Leading Lawyer in Class Action / Mass Tort Defense Law, Commercial Litigation and Professional Malpractice Defense Law: Including Legal / Technical / Financial
Mr. Schultz's reported consumer litigation and legal malpractice cases include a number of precedent-setting decisions:
Marquez v. Weinstein, Pinson & Riley, P.S., 15-3273, 2016 WL 4651403 (7th Cir. Sept. 7, 2016).
- Jenkins v. Heintz, 514 U.S. 291, 115 S.Ct. 1489, 131 L.Ed.2d 395 (1995).
Bravo v. Midland Credit Mgmt., Inc., 812 F.3d 599 (7th Cir. 2016).
Portfolio Recovery Associates, LLC v. Dixon, No. 113,077, 2016 WL 360802 (Kan. Ct. App. Jan. 29, 2016).
McMahon v. LVNV Funding, LLC, 807 F.3d 872 (7th Cir. 2015).
Leeb v. Nationwide Credit Corp., 806 F.3d 895 (7th Cir. 2015).
Bentrud v. Bowman, Heintz, Boscia & Vician, P.C., 2015 WL 4509935 (7th Cir. July 27, 2015).
- LVNV Funding, LLC v. Trice, __IL 2d__, 32 N.E.3d 553 (2015).
- Buchanan v. Northland Group, Inc., 776 F.3d 393 (6th Cir. 2015).
- Smith v. Greystone Alliance, LLC, 772 F. 3d 448 (7th Cir. 2014).
- McMahon v LVNV Funding LLC, 744 F. 3d 1010 (7th Cir. 2014).
- Todd v. Collecto, Inc., 731 F.3d 734 (7th Cir. 2013)
- Brookter v. GC Services LP et al., 2011 WL 1584651 (S.D. Tex. 2011) 2012 WL 1579325 (5th Cir. 2012)
- Lox v. CDA, Ltd., 689 F.3d 818 (7th Cir. 2012)
- Kasalo v. Harris & Harris, 656 F.3d 557 (7th Cir. 2011)
- Gonzales v. Arrow Financial, 660 F.3d 1055 (9th Cir. 2011)
- O'Rourke v Palisades, 635 F.3d 938 (7th Cir. 2011)
- Tinsley v Integrity Financial, 634 F.3d 416 (7th Cir. 2011)
- Dekoven v Plaza Associates, 599 F.3d 378 (7th Cir. 2010)
- PRA v Feltman, 909 N.E.2d 876 (Ill. App. 2009) (amicus brief)
- Schlacher v Law offices of Rotche, 574 F.3d 852 (7th Cir. 2009)
- Muha v. Encore, 558 F.3d 623 (7th Cir. 2009)
- Seeger v AFNI, 548 R.3d 1107 (7th Cir. 2008)
- Visvardis v. Ferleger, 375 Ill.App.3d 719, 873 N.E. 2d 436, 313 (2007)
- Evory v. RJM Acquisitions, et al., 505 F.3d 769 (7th Cir. 2007)
- PRA III L.L.C. v. Hund, 364 Ill.App. 3d 378, 846 N.E.2d 965 (2006)
- Sims v. G.C. Services, L.P., 445 F.3d 959 (7th Cir. 2006)
- Olvera v. Blitt & Gaines, P.C., 431 F.3d 285 (7th Cir. 2005)
- Greco v. Trauner, Cohen & Thomas, L.L.P., 412 F.3d 360 (2nd Cir. 2005)
- Westra v. Credit Control, 409 F.3d 825 (7th Cir. 2005)
- Kort v. Diversified, 394 F.3d 530 (7th Cir. 2005)
- Fields v. Wilber Law Firm, P.C., 383 F.3d 562 (7th Cir. 2004)
- Singer v. Pierce & Associates, P.C., 383 F.3d 596 (7th Cir. 2004)
- Randolph v. IMBS, Inc., 368 F.3d 726 (7th Cir. 2004)
- Taylor v. Cavalry Investment, L.L.C., 365 F.3d 572 (7th Cir. 2004)
- Chuway v. National Action Financial Services, Inc., 362 F.3d 944 (7th Cir. 2004)
- Hyman v. Tate & Kirlin, 362 F.3d 965 (7th Cir. 2004)
- Rizzo v. Pierce & Associates, P.C., 351 F.3d 791 (7th Cir. 2003)
- Miller v. McCalla, Raymer, Barrett & Frappier, 214 F.3d 872 (7th Cir. 2002)
- Keef v. Widuch, 321 Ill. App. 3d 571, 747 N.E. 2d 992 (2001)
- Sanders v. Jackson, 209 F.3d 998 (7th Cir. 2000)
- White v. Goodman, 200 F.3d 1016 (7th Cir. 2000)
- Fischel & Kahn v. Van Straaten, 189 Ill.2d 579, 727 N.E.2d 240 (2000)
- Mace v. Van Ru Credit Corp., 109 F.3d 338 (7th Cir. 1997)
- Jenkins v. Heintz, 124 F.3d 824 (7th Cir. 1997)
- Avila v. Rubin, 84 F.3d 222 (7th Cir. 1996)
Mr. Schultz is a frequent speaker before industry, professional and legal associations on legal ethics and consumer litigation issues. His presentations include:
- "The Great Debate: Consumer Attorneys and Defense Bar," NARCA 2016 Spring Conference, Chicago, Illinois, May 2016.
- "Collection of Out-of-Statute Debt is Lawful," 2016 DBA International Annual Conference, Las Vegas, Nevada, February 2016.
- "Recent Update to the Laws of Debt Buying," & "Where is the Class Action," 2015 ACA International Fall Forum & Expo, Chicago, Illinois, November 2015.
- "Spotlight on Legal Education Session: You Can Collect Out-of-Statute Debt," 2015 ACA International Convention & Expo, Boston, Massachusetts, July 2015.
"Attorney Panel on recent developments in consumer law," Spring 2015 ACA Regional Joint Conference, Eau Claire, Wisconsin, May 2015.
- "The Changing FDCPA: Legislative Reform, the CFPB's Role, Case Law Updates and Trends," NARCA Legal Learning Tour, Chicago, Illinois, September 2014.
- "The Implications Of The McMahon Decision it's Ethical Implications for Lawyers and The CFPB's and FTC's Position On Collecting Out Of Statute Debt," ABA, Chicago, Illinois, September 2014.
- "Electronic Funds Transfer Act and Regulation E," National Association of Retail Collection Attorneys, Miami, Florida, May 2014.
- "Attorney Panel," Tri-State Conference, Delavan, Wisconsin, May 2014.
- "Update on Statutory Causes of Action—Not the Ones You Normally Consider," Legal Malpractice & Risk Management Conference, Chicago, Illinois, March 2014.
- "UDAAP & the CFPB: What it is and How it Applies," webinar, ACA International, February 2014.
- "Ethics and Consumer Debt Collection," DBA International Regional Seminar, Chicago, Illinois, November 2013.
- "Can You Call That Cell Phone? Consent Under the TCPA," ACA International's Annual Fall Forum & Expo, Chicago, Illinois, November 2013.
- "Attorney-Consumer Communications: A Roadmap to Resolution," National Association of Retail Collection Attorneys, Washington D.C., October 2013.
- "Vicarious Liability in Collections: Can You Be Held Liable," ACA's 74th Annual Convention & Exposition, San Diego, California, July 2013.
- "Attorney Panel—Bankruptcy, Chicago Licensing, Garnishments, and Other Hot Topics," 2013 Joint Chapter Conference, Wisconsin Dells, Wisconsin, May 2013.
- "The FDCPA Implied Exceptions to Litigation Activity—What the CFPB Doesn't Want You to Know," NARCA 2013 Spring Collection Conference, Las Vegas, Nevada, May 2013.
- "Ask the Attorney," webinar, insideArm, April 2013.
- "Update on Statutory Causes of Action," Legal Malpractice & Risk Management Conference, Chicago, Illinois, March 2013.
- "Vicarious Liability in Collections," audio conference, Lorman Education Services, January 2013.
- "Navigating Industry Licensing Requirements," ACA International's 2012 Fall Forum & Expo, Chicago, Illinois, November 2012.
- "It Ain't Over Till It's Over," National Association of Retail Collection Attorneys' 2012 Fall Collection Conference, Baltimore, Maryland, October 2012.
- "Consumer Litigation Update," Illinois and Iowa Collectors' Association Annual Conference, Geneva, Illinois, May 2012.
- "When Debtors Attack: Special Issues on Handling Counter-Claims, Third Party Claims and Ancillary Claims," National Association of Retail Collection Attorneys (NARCA), San Diego, California, May 2012.
- "New Technology and the Fair Debt Collections Practices Act," Lorman Education Services, audio conference, February and August 2011.
- "Statutory Damages in Consumer Litigation," "Ask the Attorney," and "FTC Roundtable," American Collectors Association Annual Conference, Dallas, TX July 2011.
- "Consumer Attorney Panel Discussion," NARCA, Chicago, Illinois, May 2011.
- "Electronic Collections: Do's, Don'ts and Caselaw,: Illinois Collectors Association Annual Meeting, Oakbrook, Illinois, May 2011.
- "Telephone Technologies: Dialing, Talking, and Texting in an Age of Enhanced Mobility," Federal Trade Commission Workshop "Debt Collection 2.0," Washington, D.C., April 2011.
- "What You Need to Know About Lawyers' Liability Under the Federal and State Securities Laws," Hinshaw's annual Legal Malpractice & Risk Management Conference, Chicago, Illinois, February 2011.
- "Recent Trends in TCPA Lawsuits," Illinois Collectors Association, teleseminar, December 2010.
- "Defending Call Volume Cases," NARCA, Las Vegas, Nevada, October 2010.
- "Ask the Attorneys: TCPA, FDCPA and Other Hot Topics in Consumer Litigation," American Collectors Association Annual Conference, Washington, D.C., July 2010.
- "Considerations for the Insurer and Insured in a Bankruptcy Case," Travelers, St. Paul, Minnesota, June 2010.
- "Safely Communicating by Electronic Means: Can You Contact Consumers by Voicemail, Email, Text Messaging and Cell Phones Without Violating FDCPA?" NARCA, Washington, D.C., May 2010.
- "Legal Issues," Annual State Unit Meeting of Missouri, Illinois, Indiana and Iowa Collectors Association, Bloomington, Illinois, April 2010.
- "2009 LMRM Case Update and Statutory Causes of Action," Hinshaw's annual Legal Malpractice & Risk Management Conference, Chicago, Illinois, March 2010.
Mr. Schultz is author, co-author or contributor on a number of texts and articles discussing legal ethics and consumer litigation issues. His publications include:
- "Big Impact Cases Affecting the Debt Buying Industry," DBA the Magazine, Spring 2015.
- "California's New Law for Debt Buyers," co-author, MAPbulletin, ACA International, January 2014.
- "Statutes Affecting Lawyer Liability," co-authored, chapter 12, Attorneys' Legal Liability, 2014 edition.
- "Spring 2014 Survey Report Summary," co-author, MAPbulletin, ACA International, May 2014.
- "Fair Debt Collection Practices Act," chapter co-author, Chapter 7 of "Creditors' Rights in Illinois," Illinois Institute for Continuing Legal Education (IICLE), 2014.
- "Challenges to Collector's TCPA Consent," MAPbulletin, ACA International, July 2013.
- "The Chicago City Council Passes Amendment Ordinances on City-Level Licensing of Collection Agencies and License Revocation," MAPbulletin, ACA International, February 2013.
- "Fair Debt Collection Practices Act," contributing author, Chapter 10 of "Legal Malpractice," Thomson/West, 2007 – 2012 editions.
- "Recent Litigation on Out of Statute Debt," MAPbulletin, ACA International, September 2012.
- "U.S. Supreme Court to Decide Whether There is Federal Question Jurisdiction Over Private TCPA Claims," co-author, MAP Bulletin, November 2011.
- "Living with Lesher: The Implications of Lesher v. Kay," National Association of Retail Collectors (NARCA), Scottsdale, Arizona, October 2011.
- "Update on Consumer Litigation," Chubb, Simsbury, Connecticut, September 2010.
- March 5, 2015
- October 13, 2014
- David Schultz Quoted in ABA/BNA Lawyers' Manual on Professional Conduct Article on Expanded Statutory Liability for LawyersMarch 10, 2014
- January 23, 2014
- August 1, 2012
- January 1, 2012
- November 25, 2014
- October 22, 2014
- September 18, 2014
- August 6, 2014
- June 23, 2014
- May 28, 2014
- April 22, 2014
- March 17, 2014
- February 21, 2014
- January 16, 2014
- December 11, 2013
- November 14, 2013
- October 14, 2013
- September 16, 2013
- August 5, 2013
- June 12, 2013
- May 6, 2013
- April 4, 2013
- March 4, 2013
- February 4, 2013
J.D., The John Marshall Law School, 1988
B.S., University of Illinois, 1984
- U.S. Supreme Court
- Federal Trial Bar
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Eastern District of Missouri
- U.S. District Court for the Eastern District of Wisconsin
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Northern District of Indiana
- U.S. District Court for the Southern District of Illinois
- U.S. District Court for the Southern District of Indiana
- U.S. District Court for the Western District of Michigan
- U.S. District Court for the Western District of Wisconsin