David Schultz Analyzes in ARM Compliance Digest: Judge Denies Competing Motions in FDCPA Case Over Debt Incurred During Political Campaign
In The News | 1 min read
Sep 13, 2021
In the September 13, 2021 edition of the ARM Compliance Digest, Hinshaw partner David Schultz discusses a case in California that is attempting to test the limits of what defines a consumer debt, at least as far as the Fair Debt Collection Practices Act is concerned:
Kershner v Hillcrest is odd on a number of levels. First, the facts are unique. The plaintiff was running for local office and hired a printer for some campaign related materials. He did not pay due to a mix-up with the printer. He subsequently sued the collector for not complying with the FDCPA. I am not familiar with many/any FDCPA cases arising out of political activity (unlike the TCPA, which has many cases rooted in political activity).
Second, the holding is odd. The court said there was a genuine dispute of material fact on whether there was a consumer debt. The judge said this even though the parties filed cross-motions for summary judgment and did not seem to argue on what were the facts. Each side applied those facts and the law and simply came to a different position, not surprisingly.
Third, rather than a judge deciding this issue, there will be a trial. The judge wants the jury to consider the facts and decide whether there was a consumer debt, which also does not happen too often. We’ll have to keep a look out on whether this goes to trial and how it is decided.
Read the full September 13, 2021 edition of the AccountsRecovery.net Compliance Digest.
Related People
Related Capabilities
Related Locations
Featured Insights

Press Release
Dec 4, 2025
Hinshaw Recognized by the Leadership Council for Legal Diversity as a 2025 Top Performer

Press Release
Nov 25, 2025
Hinshaw Legal Team Secures Summary Judgment in Gas Station Injury Case

Press Release
Nov 18, 2025
Hinshaw Releases the Third Edition of Duty to Defend: A Fifty-State Survey

In The News
Nov 13, 2025
A Profile on Neil Rollnick: After 57 Years in Practice, He Has No Plans to Retire

Press Release
Oct 22, 2025
Hinshaw & Culbertson LLP Launches New Website and Refreshed Brand







