David Schultz concentrates his practice in consumer litigation and legal malpractice defense. His clients include Fortune 500 companies, lending institutions, debt collection agencies, debt buyers and lawyers. Mr. Schultz is a Co-Leader of Hinshaw & Culbertson LLP’s Consumer & Class Action Litigation Practice Group.
Mr. Schultz has extensive trial and appellate experience in consumer litigation cases, and has earned a national reputation for defending clients in matters arising from the application of the Fair Debt Collections Practices Act (FDCPA). He has been lead counsel in more than 100 class action lawsuits involving claims brought under various state and federal consumer laws, including the FDCPA, Fair Credit Reporting Act, Telephone Consumer Protection Act and the Chicago Residential Landlord Tenant Act. Mr. Schultz has tried a variety of cases, including FDCPA, legal malpractice, accounting malpractice, breach of contract, UCC and personal injury actions.
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.
Mr. Schultz’s reported consumer litigation and legal malpractice cases include a number of precedent-setting decisions:
- Jenkins v. Heintz, 514 U.S. 291, 115 S.Ct. 1489, 131 L.Ed.2d 395 (1995): established applicability of FDCPA to attorneys.
- Brookter v. GC Services LP et al., 2011 WL 1584651 (S.D. Tex. 2011) affirmed by Brookter v. GC Services LP et al., 2012 WL 1579325 (5th Cir. 2012)
- Gonzales v. Arrow Financial, ___F.3d ___(9th Cir. 2011)
- Kasalo v. Harris & Harris, ___ F.3d ___ (7th 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)
- 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)
- Evory v. RJM Acquisitions, et al., 505 F.3d 769 (7th Cir. 2007)
- 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)
- Sanders v. Jackson, 209 F.3d 998 (7th Cir. 2000): appropriate computation of class action damages.
- White v. Goodman, 200 F.3d 1016 (7th Cir. 2000): liability of creditors and collectors for “flat-rating.”
- Mace v. Van Ru Credit Corp., 109 F.3d 338 (7th Cir. 1997): established the scope of class actions under Fair Debt Collections Practices Act claims.
- Jenkins v. Heintz, 124 F.3d 824 (7th Cir. 1997): leading bona fide error defense ruling.
- Avila v. Rubin, 84 F.3d 222 (7th Cir. 1996): established standards for attorney liability in class action under FDCPA.
- King v. First Capital Financial Service, 215 Ill. 2d 1, 828 N.E. 2d 1155 (2005)
- Fischel & Kahn v. Van Straaten, 189 Ill.2d 579, 727 N.E.2d 240 (2000): applicability of privileges in legal malpractice cases.
- PRA v Feltman, 909 N.E.2d 876 (Ill. App. 2009) (amicus brief)
- Visvardis v. Ferleger, 375 Ill.App.3d 719, 873 N.E. 2d 436, 313 (2007)
- PRA III L.L.C. v. Hund, 364 Ill.App. 3d 378, 846 N.E.2d 965 (2006)
- Keef v. Widuch, 321 Ill. App. 3d 571, 747 N.E. 2d 992 (2001): scope of plaintiff's attorney's liability.
Mr. Schultz is a past member of Hinshaw’s Executive Committee. Among his many professional activities, Mr. Schultz is a member of the American Bar Association, Illinois State Bar Association and the Chicago Bar Association.
Additionally, as a member of Chicago Bar Association, Mr. Schultz is former Chair of its Young Lawyers Legal Malpractice Committee. His affiliations also include the American Collector’s Association and its Members Attorney Program. Since 2002, Mr. Schultz has been a co-chair of Legal Malpractice & Risk Management Conference sponsored by Hinshaw.
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. Mr. Schultz also served on the legal staff of Michael J. Madigan, Speaker, Illinois House of Representatives.
Mr. Schultz has been named to the
Super Lawyer list in the areas of Class Action/Mass Torts, and Business Litigation by
Illinois Super Lawyers magazine.
Mr. Schultz is also a 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 is author, co-author or contributor on a number of texts and articles discussing legal ethics and consumer litigation issues. His publications include:
- “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.
- “Fair Debt Collection Practices Act,” contributing author, Chapter 10 of “Legal Malpractice,” Thomson/West, 2007 and 2008 editions.
- “Statutes Affecting Lawyer Liability,” Chapter 12 of “Attorneys’ Legal Liability,” IICLE, 2002, 2005 update and 2007.
- “Attorneys Disciplinary Proceedings Illinois Practice Procedure,” contributing editor, Law Bulletin Publishing Company, 2002.
- “FDCPA Compliance for the Illinois Practitioner,” co-author, National Business Institute, 2002.
- “Recent Attempts to Apply the Telemarketing Sales Rule to Debt Collectors,” American Collectors Association MAP publication, June 2001.
- “Colorado Language: Does it or Doesn't it Conflict Under the FDCPA?” American Collectors Association MAP publication, February 1999.
- “Federal Civil Procedure and Practice During Trial - 7th Circuit,” Chapter 3 co-author, Lawyers Cooperative Pub.,1997.
- “Legal Malpractice Pitfalls,” North Suburban Bar Association Newsletter, 1994.
- “Subrogation Against Lawyers,” Monograph on Surety Law, Defense Research Institute, 1992.
- “Market Share Liability in DES Cases: The Unwarranted Erosion of Causation in Fact,” DePaul Law Review, 1991.
- “Office Sharing, Partnership Dissolution and Malpractice Exposure,” Illinois State Bar Association Newsletter, 1991.
Mr. Schultz also is a frequent speaker before industry, professional and legal associations on legal ethics and consumer litigation issues. His presentations since 2007 include:
- “New Technology and the Fair Debt Collections Practices Act,” Lorman Education Services, audio conference, August 2011 and February 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," National Association of Retail Collection Attorneys (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,” National Association of Retail Collection Attorneys (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?” National Association of Retail Collection Attorneys (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.
- “Documentation and Business Records,” NARCA, San Francisco, California, October 2009.
- “Legal Update,” Illinois Collectors Association Fall Meeting, Bloomington, Illinois, October 2009.
- “Hot Topics in Consumer Law,” and “Opposing Class Certification,” Association of Credit and Collection Professionals 13th Annual MAP Conference, Las Vegas, Nevada, July 2009.
- “Legal Update,” Illinois and Iowa Collector’s Annual Conference, Galena, Illinois, May 2009.
- “Statutory Causes of Action – Consumer Protection Statutes,” Hinshaw’s annual Legal Malpractice & Risk Management Conference, Chicago, Illinois, March 2009.
- “New Trends for Old Debt,” Consumer Law Committee of The Chicago Bar Association, Chicago, Illinois, November 2008.
- “Challenges in Communications, Technology and the FDCPA,” ACA Annual Convention, Hollywood, Florida, July 2008.
- “Legal Update and Trends,” Illinois, Iowa, Indiana Collector’s Annual Conference, Galena, Illinois, May 2008.
- “Stories from the Front Lines,” Commercial Law League of America National Convention, Chicago, Illinois, May 2008.
- “Litigation Trends Across the Country,” NARCA Annual Conference, San Francisco, California, May 2008.
- “Avoiding Liability Under the FDCPA,” IICLE, Chicago, Illinois and Springfield, Illinois, March 2008. Also, March 2007 and March 2006.
- “Best Practices for Creditor’s Attorneys: Letters and Phone Calls,” Illinois Creditors Bar Association Annual Seminar, Chicago, Illinois, March 2008.
- “The Perils of Class Actions – The Certainty That Not Everyone Will Be Happy,” Hinshaw’s annual Legal Malpractice & Risk Management Conference, Chicago, Illinois, February 2008.
- “Consumer and Class Action Litigation,” in-house seminar for Travelers, Minneapolis, Minnesota, October 2007.
- “Regulations and FDCPA,” TouchStar User Group Conference “Maximizing Your Return on Investment,” Denver, Colorado, October 2007.
- “Legal Malpractice and Risk Management,” in-house seminar to mid-size law firm, Chicago, Illinois, October 2007.
- “Trial Strategies,” and “Cases, Claims and Industry News,” ACA International’s Annual Conference, July 2007.
- “Lawyer Liability,” Chicago Bar Association, Workers’ Compensation Section Seminar, June 2007.
- “Latest Cases You Need to Know About,” NARCA Annual Convention, May 2007.
- “Consumer Litigation: Timely Topics,” Illinois Collectors Association Annual Conference, March 2007.
- “Cases, Claims and Industry News,” ACA Webinar, December 2006.
- “Class Action Lawsuits and the FDCPA,” and “Critical Legal Issues,” and “Litigation Trends,” ACA’s Fall Forum, November 2006.
- ”Class Certification,” ACA’ MAP Conference, July 2006.
- “Handling FDCPA and FCRA Claims,” Chubb Roundtable, April 2006.
- “The FDCPA and FCRA in Review,” Hinshaw’s annual Legal Malpractice & Risk Management Conference, Chicago, Illinois, March 2007.