David M. Schultz

Partner

Chicago, IL

He/Him

"I have built trusted partnerships with my clients over time because I understand their business, can anticipate legal issues before they escalate, and provide solutions that support their priorities."

312-704-3527

Email ZHNjaHVsdHpAaGluc2hhd2xhdy5jb20=

David M. Schultz

Partner

Chicago, IL

He/Him

312-704-3527

Email ZHNjaHVsdHpAaGluc2hhd2xhdy5jb20=

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About David

David defends Fortune 500 companies, debt buyers, debt collection agencies, lawyers, lending institutions, and other clients in consumer litigation at both the trial and appellate levels. Over the course of his practice, he has handled appeals at a pace and volume uncommon in this area of law. He also counsels consumer financial services organizations on risk management and legal compliance.

David has served as lead counsel in class actions involving 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 and Tenant Ordinance (CRLTO), as well as data breach defense cases and Video Privacy Protection Act (VPPA) litigation. He also defends consumer fraud claims and actions under the Illinois Right of Publicity Act (IRPA), Illinois Biometric Information Privacy Act (BIPA), and class actions challenging food labels.

David represents individuals and businesses in regulatory matters before the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), Illinois Department of Financial and Professional Regulation (IDFPR), Illinois Attorney General, and other state and local regulators and attorneys general.

David has helped financial institutions, debt buyers, and consumer businesses work through complex lawsuits by shaping strategy around critical decisions, whether negotiating an impactful settlement or taking the case to trial.

Areas of Focus

Industries:

Services:

Initiatives:

- Nationwide Litigation Portfolio Management

Experience

Prevailed on a motion to dismiss on a Fair Debt Collection Practices Act (FDCPA) case. Hinshaw represented a collection agency in the Northern District of Illinois in a case alleging that the act of providing a payment option in a letter and a voicemail was a demand for immediate payment that overshadowed the debtor's validation rights under the FDCPA and the Illinois Consumer Fraud and Deceptive Practices Act. In dismissing the case on Hinshaw's motion, the court found that the letter did not demand the consumer pay the debt before the end of the validation period, and that the voicemail was also benign.
Hinshaw successfully convinced the US Court of Appeals for the Third Circuit that toll road charges do not constitute consumer debts under the Fair Debt Collection Practices Act (FDCPA), in a case of considerable significance to the debt collection industry, particularly collectors of municipal debt in a case of first impression. The decision clarifies the scope of the FDCPA and relieves debt collectors of a potential significant liability under the FDCPA.
Obtained a dismissal from the US Court of Appeals for the Seventh Circuit that the use of the warning "this settlement may have tax consequences" does not violate the Fair Debt Collection Practices Act (FDCPA) in the case of insolvent debtors. The court dismissed the plaintiff's claims of misleading statements based on the plain language contained in the collection letter.
Obtained a dismissal on a motion to dismiss representing a debt collector. This was a case brought by CLG alleging the client's settlement letters were false and misleading because the same settlement offer was given after the expiration of the first settlement offer. In short, they claimed the expiration dates for the offers were false. Hinshaw filed a motion to dismiss because the letters contained the Evory safe-harbor language created by the US Court of Appeals for the Seventh Circuit which was made to address any confusion a debtor may have for renewed settlement offers.
Obtained a dismissal on a motion to dismiss in favor of a collection agency defendant in a putative class action under the Fair Debt Collection Practices Act (FDCPA) where the court found that the plaintiff's attorneys engaged in impermissible claims splitting.

Obtained a reduction of $58,512.14 in plaintiff's attorney's fees in a Fair Debt Collection Practices Act (FDCPA) action after successfully arguing that the plaintiff's rejection of a substantial settlement offer and proceeding to trial was unreasonable.
Prevailed on a motion to dismiss a dispute over attorney fees and costs awarded to a Fair Debt Collection Practices Act (FDCPA) plaintiff's lawyer. Hinshaw convinced the judge to cut the demand of attorneys' fees by 65% and got the judge to call out the plaintiff's lawyer for a misrepresentation in his fees accounting.
Obtained dismissal of a Fair Debt Collection Practices Act (FDCPA) claim in the US District Court (7th Cir.) in a case that centered on Rule 11 of the Illinois Supreme Court Rules (which mandates that an attorney becomes a party's attorney of record only by filing a written appearance or other pleading with the court). As such, the court held that serving the defendant directly was appropriate.
Prevailed in the US Court of Appeals for the Seventh Circuit on FDCPA and FCRA claims that a debt collector failed to report a debt dispute to a credit agency. The appellate court affirmed the district court's summary judgment dismissing the case on the grounds that the debt collector complied with the FDCPA and the FCRA and did not provide a private right of action for the alleged violation.
Negotiated a settlement on behalf of a debt collection company in connection with a Consumer Financial Protection Bureau (CFPB) enforcement action. The CFPB had alleged the company engaged in a series of debt collection rules violations. The settlement helped avoid formal litigation of the CFPB's claims on favorable terms and included a compliance plan.
Secured a victory on behalf of passive debt buyers in the Massachusetts Supreme Judicial Court. The court held that passive debt buyers are not debt collectors under the licensing statute. The court reviewed the legislative history of the MFDCPA and the FDCPA, and noted that the Massachusetts licensing regulator has consistently concluded that a passive debt buyer is not included in the definition of a "debt collector."
Prevailed in the US Court of Appeals for the Seventh Circuit in a case in which the plaintiff alleged FDCPA and FCRA violations related to a $695 credit card debt and sought to recover $187,410 in attorneys' fees plus costs. The collection agency, PRA, had made an offer to settle under Rule 68 within a month of the plaintiff's filing of the lawsuit, and subsequently made two additional Rule 68 offers of judgment. The trial court determined that only the hours worked by the plaintiff's counsel prior to PRA's final Rule 68 offer were reasonable. The Seventh Circuit ruled that the trial court did not abuse its discretion in rejecting the plaintiff's request for $187,410 in fees, admonishing the plaintiff that sometimes settling a case is the only course that makes sense. The ruling was named among the “Top Ten Most Influential Cases” for the accounts receivable management industry in 2019 by Collector Magazine.
Successfully represented an asset buyer in the Superior Court of New Jersey, Appellate Division, who had obtained a default judgment against a consumer on a delinquent account. After the default judgment, the consumer sued the company for not being licensed under the New Jersey Consumer Finance Licensing Act (NJCFLA). The appellate court affirmed a lower court finding that plaintiffs were barred by res judicata and the Entire Controversy Doctrine from bringing a claim that the consumer could have presented in an earlier action.
Successfully defended a call center for a cable and internet service provider against a putative class action alleging violations of the TCPA, FDCPA, and the Florida Consumer Collection Practices Act. The plaintiff sought to certify the classes of more than 9,400 people who allegedly received more than 47,000 offending phone calls to wrong parties. In denying class certification, the court found that determining the size of the class based on plaintiff's criteria would be impossible. The potential liability on the class claims would have been between $23.5 million and $70 million.
Obtained a clear decision from the US District Court for the Eastern District of New York in a Fair Debt Collection Practices Act (FDCPA) case. Hinshaw represented a debt collector in a putative class action where the consumer claimed that cellular telephone debts were governed by a federal two-year statute of limitations and thus the debt collector's attempts to collect violated the FDCPA. Going through the history of the federal Telecommunications Act of 1996 and the law of pre-emption, Hinshaw obtained a clear decision holding that the federal statute did not apply and that the debt collector could not have violated the FDCPA.
Obtained a dismissal on behalf of a debt collector in a putative class action where the consumer attempted to argue a novel theory that a debt collector's failure to follow New Jersey's more stringent redaction rules for lawsuits filed in the state constituted a violation of the Fair Debt Collection Practices Act (FDCPA). Hinshaw obtained a decision from the District of New Jersey soundly rejecting this theory by arguing that the consumer could not borrow the stricter standard set forth by New Jersey to manufacture a violation of the federal statute and that any such standard would be illogical and contradictory to the standards set forth by the federal courts.
Secured a summary judgment victory on behalf of a debt collector in the US District Court for the Eastern District of New York. The plaintiffs alleged that collection letters violated the Fair Debt Collection Practices Act (FDCPA) because the use of the word "current" in collection was misleading, and "the least sophisticated consumer" could not tell whether interest and fees would continue to accrue. After significant analysis of relevant rulings in multiple federal districts, the court granted summary judgment for the firm's client on the basis that it is not misleading to refer to a static debt as the "current balance."
Obtained a dismissal for a debt collection agency in the US Court of Appeals for the Seventh Circuit in a Fair Debt Collection Practices Act (FDCPA) case that centered on a credit reporting method widely used in the credit and collections industry. After attempting to collect outstanding bills the client reported each of the amounts owed to the medical providers to a consumer reporting agency. Plaintiffs alleged that reporting each debt owed a provider separately rather than a single aggregated debt violated FDCPA 1692f, which prohibits unfair or unconscionable means to attempt to collect a debt. The appellate court affirmed the district court's dismissal, stating it is reasonable, and not at all deceptive or outrageous, for a collector to report individual debts that correspond to different charges.
Prevailed on successive motions to strike plaintiff's proposed class definitions. Ultimately, the court ruled that the plaintiff could only proceed on an individual basis. As a result, the litigation never proceeded to expensive e-discovery.
Prevailed on a motion to strike a plaintiff's proposed class definitions, limiting plaintiff's ability to only represent people who could assert claims like his own. Hinshaw was able to establish why a class of those like plaintiff's could never be certified.
Obtained a dismissal in the District Court of New York which rejected a plaintiff's legal theory that a judgment obtained in a collection suit extinguishes the underlying debt and thus the underlying agreement and instead granted a defendant's motion to compel arbitration and dismissed a Fair Debt Collection Practices Act (FDCPA) class action lawsuit without prejudice.
Secured the dismissal with prejudice of a Fair Debt Collection Practices Act (FDCPA) case. The consumer argued that the three letters they received, stating their account could be sent to an attorney if they did not contact the debt collector, violated the FDCPA. Hinshaw successfully argued the letters did not threaten imminent legal action.
Won a motion for judgment on the pleadings at the circuit level and at the appellate level, and the appellant's motion to transfer was denied at the US Supreme Court after briefing. This was a class action case regarding alleged improper service of associate division summonses in Missouri. The case sought to overturn likely $50,000-$100,000 judgments as void as a matter of law due to improperly signed summons.
Granted motion for summary judgment and denied the consumers' motion to dismiss in claims associated with credit card accounts sold to a debt collector.
Secured the first employer-friendly decision involving the Illinois Biometric Information Privacy Act (BIPA) before the Illinois Supreme Court. The court held that Section 301 of the Labor Management Relations Act preempts BIPA claims asserted by bargaining unit employees who are covered by a collective bargaining agreement.
Obtained a successful ruling in which the Appellate Division of New Jersey addressed the complex issue of whether a non-signatory party to an arbitration agreement can compel arbitration if the claim falls within the scope of the arbitration clause. The court rejected the plaintiff's narrow interpretation of the arbitration contract and ruled in favor of our client, affirming their right to assert arbitration.
Secured a successful appeal of a Fair Debt Collection Practices Act (FDCPA) class action at the Seventh Circuit. We argued the consumer did not experience any harm or concrete injury and lacked Article III standing under the ruling of the US Supreme Court in TransUnion LLC v. Ramirez. The appellate court agreed and overturned the district court's statutory damages award of $350,000.
Secured a win at the US Court of Appeals for the Ninth Circuit in an FCRA class action on behalf of a law firm retained to collect unpaid homeowners' association assessments. In a matter of first impression, the court agreed that the client had correctly relied on prior analogous precedent that indicated the HOA assessment was a credit transaction under the FCRA, and it was permissible to access the credit report of the delinquent homeowner.
Assisted a debt collection entity with enforcement activity from the Consumer Financial Protection Bureau (CFPB), Illinois Attorney General, and Illinois Department of Financial and Professional Regulation. The CFPB alleged numerous violations of the Fair Debt Collection Practices Act. Hinshaw responded to the civil investigative demand, defended the client in investigational hearings, participated in the Notice and Opportunity to Respond and Advise (NORA) process, and negotiated a resolution.
Represented a debt collection agency client in a Fair Debt Collection Practices Act Supervisory Exam by the Consumer Financial Protection Bureau. The client result was minimal Matters Requiring Attention (MRAs) and no fines or penalties were imposed. In this capacity, the Hinshaw team drafted all responses to the examiners, attended all exam meetings, communicated with all service providers, created all presentations to the examiners, responded to a PARR letter, responded to MRAs, and provided validation metrics and information post-exam.
Prevailed on the merits in a rare Fair Debt Collection Practices Act (FDCPA) Hunstein class action case. Illinois state court judge granted the motion for judgment on the pleadings in a FDCPA Hunstein class action case. The suit claimed that the use by our client of a third-party vendor to print and mail communications violated the FDCPA. The Circuit Court of Cook County ruled that the communication between the defendants and their letter vendor was not an attempt to collect a debt and therefore not within the purpose of the FDCPA.
Granted a motion to dismiss a number of defendants in a TCPA case brought by a professional plaintiff. The plaintiff allegedly received 56 calls from six different companies over the course of nearly 20 months. The alleged calls were in violation of multiple provisions of the TCPA, including using an autodialer, artificial or pre-recorded message, falsifying Caller ID, and more.

Recognition

Collection Advisor, Top Attorney, Collections, 2018
ACA, Judicial Advocate Award, 2017
Illinois Super Lawyers, 2005, 2007 – 2009, 2011 – 2017
Leading Lawyer, Class Action/Mass Tort Defense Law; Commercial Litigation; Professional Malpractice Defense Law: Legal/Technical/Financial

Credentials

Education

University of Illinois Chicago School of Law (formerly The John Marshall Law School), JD
University of Illinois at Urbana-Champaign, BS

Bar Admissions

Illinois

Court Admissions

US Supreme Court
Federal Trial Bar
US Court of Appeals for the Second Circuit
US Court of Appeals for the Fifth Circuit
US Court of Appeals for the Sixth Circuit
US Court of Appeals for the Seventh Circuit
US Court of Appeals for the Ninth Circuit
US District Court for the Central District of Illinois
US District Court for the Northern District of Illinois
US District Court for the Southern District of Illinois
US District Court for the Northern District of Indiana
US District Court for the Southern District of Indiana
US District Court for the Eastern District of Michigan
US District Court for the Western District of Michigan
US District Court for the Eastern District of Missouri
US District Court for the Eastern District of Wisconsin
US District Court for the Western District of Wisconsin

Thought Leadership

Presentations

David frequently speaks before industry, professional, and legal associations on legal ethics and consumer litigation issues. His recent presentations include:

Co-Presenter, "Understanding The FCC's New Revocation Rules," ComplianceCon 2025, Nashville, Tennessee, September 29, 2025
Co-Presenter, "State vs. Federal Court: Deciding Where to Defend Yourself," AccountsRecovery.net, Webinar, May 12, 2025

Co-Presenter, "Consumer – The Latest Litigation Trends and Developments Impacting Auto Finance," 2025 Auto Finance Seminar, Hinshaw & Culbertson LLP, Chicago, Illinois, May 1, 2025
Co-Presenter, "First Quarter Litigation Update," AccountsRecovery.net, Webinar, March 20, 2025
Co-Presenter, "Decoding Vague and Mixed Messages from Consumers," AccountsRecovery.net, Webinar, January 6, 2025

Co-Presenter, "TCPA Compliance Update: Navigating Recent Rulings," ARM Law Conference, Nashville, Tennessee, September 17, 2024
Co-Presenter, "FCRA Lawsuits," AccountsRecovery.net, Webinar, August 19, 2024
Co-Presenter, "ARM Industry Litigation Update," AccountsRecovery.net, Webinar, June 17, 2024
Co-Presenter, "Consumer – FCRA Litigation Updates, Regulatory Enforcement Trends & Compliance Recommendations," 2024 Auto Finance Seminar, Hinshaw & Culbertson LLP, Chicago, Illinois, May 16, 2024
Co-Presenter, "Flying High: ARM Industry Legal Eagles' Insights," 8th Annual Conference, Great Lakes Credit and Collection Association (GLCCA), Bloomington, Minnesota, May 10, 2024
Co-Presenter, "Understanding The Reasons Why TCPA Litigation Is Increasing," AccountsRecovery.net, Webinar, October 2, 2023
Co-Presenter, "Ask the Credit Reporting Expert," AccountsRecovery.net, Webinar, August 24, 2023
Co-Presenter, "The Latest Litigation Updates Impacting Automotive Finance," 2023 Auto Finance Seminar: Driving Ahead: Auto Finance Insights from Industry Leaders, Hinshaw & Culbertson LLP, Chicago, Illinois, May 4, 2023
Co-Presenter, "Hunstein Ruling & 7th Circuit," Illinois Creditors Bar Association (ILCBA) 2022 Fall Seminar, November 11, 2022
Co-Presenter, "Hunstein Ruling Pushing Cases to State Court," AccountsRecovery.net, Webinar, November 1, 2022
Co-Presenter, "Analyzing The Seventh Circuit Court of Appeals," AccountsRecovery.net, Webinar, September 26, 2022
Co-Presenter, "The Credit Reporting Landscape is Changing!," The ACA Huddle, Webinar, August 3, 2022
Panelist, "Ask The Credit Reporting Expert," AccountsRecovery.net, Webinar, June 23, 2022
Co-Presenter, "Regulation F: The Consumer Financial Protection Bureau’s New Debt Collection Rules," ISBA, Virtual Event, April 28, 2022
Panelist, "Litigation Trends Within the FDCPA, FCRA, and TCPA," AccountsRecovery.net, Webinar, April 21, 2022
Co-Presenter, "The Most Common FCRA Mistakes to Avoid," AccountsRecovery.net, Webinar, February 4, 2022
Co-Presenter, "What 2022 Holds for Collection Litigation," AccountsRecovery.net, Webinar, December 21, 2021
Panelist, "Has Hunstein Gone Away?," AccountsRecovery.net, Webinar, November 1, 2021
Panelist, "Latest Trends and Tips Plus Q&A," Great Lakes Credit & Collection Association Conference, Bloomington, Minnesota, October 29, 2021
Panelist, "Best Practices When Collecting Past the Statute of Limitations," AccountsRecovery.net, Webinar, October 22, 2021
Panelist, "Mapping Out Legal Strategies," AccountsRecovery.net, Webinar, August 6, 2021
Panelist, "FCRA Litigation Trends," AccountsRecovery.net, Webinar, June 21, 2021
Panelist, "State Court Trends and The FDCPA," AccountsRecovery.net, Webinar, May 26, 2021
Co-Presenter, "Litigation Landscape Update," ACA International, The ACA Huddle, Virtual Event, April 28, 2021
Panelist, "Where Most FCRA Mistakes Are Made," AccountsRecovery.net, Webinar, March 30, 2021
Co-Presenter, "The Time-Barred Debt - It's 'Time After Sometime' to Talk About This," ACA International Webinar, Huddle CFPB Rule Series Part II, January 14, 2021
Panelist, "Analyzing The Increase in CFPB Enforcement Actions," AccountsRecovery.net, Webinar, November 10, 2020
Panelist, "The ACA Huddle: CFPB Rule Series," ACA International, Webinar, November 9, 2020
Co-Presenter, "Meaningful Attorney Involvement and Other Hot Topics," ILCBA Fall Seminar, Virtual Event, October 12, 2020
Panelist, "The Most Common Overshadowing Pitfalls and How to Avoid Them," AccountsRecovery.net, Webinar, September 22, 2020
Panelist, "FCRA Lawsuits in the Wake of the COVID-19 Pandemic and the CARES Act: Five Short Videos," Web Bytes from WebRecon & AccountsRecovery.net, Webinar, July 2020
Panelist, "Class Action Letter Claims Return and How to Avoid Them," ACA International's 2020 Virtual Convention & Expo, Webinar, July 15, 2020
Panelist, "Prepare Now For A New Wave Of Pandemic Related Litigation Against The Collection Industry," ACA International Seminar, Webcast, April 22, 2020
Co-Presenter, "Attorney's Fees – How to Get Them and How to Stop Them," NCBA 2019 Fall Conference, Washington D.C., October 17, 2019
Co-Presenter, "The Basics of the Fair Debt Collection Practices Act," ISBA Seminar, Chicago, Illinois, October 3, 2019
Co-Presenter, "Industry Defense Roundtable," ACA International Convention & Expo, San Diego, California, July 16, 2019
"NPRM Deep-Dive Electronic Communications & Disclosures," ACA International Convention & Expo, San Diego, California, July 14-16, 2019
"Attorney Panel," Great Lakes Credit and Collection Association Conference, May 21, 2019
"Speed Compliance," The Defense Bar (& Grill) Players – National Creditors Bar Association, May 15-18, 2019
"Defense Tactics-From the Industry Defense," ACA International Fall Forum & Expo, The Drake Hotel, Chicago, Illinois, November 7 – 8, 2018
"Could I Have This Dance? Ethical and Business Concerns When Beginning and Ending the Relationship Between Collection Attorneys and Their Clients," National Creditors Bar Association 2018 Fall Conference, Omni Hotel, Nashville, Tennessee, October 3 – 6, 2018
"Lessons Learned in the Trenches," ACA International Convention & Expo, Omni Hotel, Nashville, Tennessee, July 23 – 25, 2018
"Great Lakes Credit and Collection Association Conference Attorney Panel," GLCCA Annual Conference, Lake Lawn Lodge, Delavan, Wisconsin, May 23, 2018
"Ask the Attorneys: the Healthcare Edition," NCBA 2018 Spring Conference, JW Marriott, Austin, Texas, May 16 – 19, 2018
"Conversation with Defense Attorneys," NCLC's FDCPA Conference, Chicago, Illinois, March 19, 2018
"Current FDCPA Issues in the 7th Circuit and Beyond," Illinois Creditors Bar Association Spring Seminar, Chicago, Illinois, March 5, 2018
"FDCPA: A Refresher as to the Do's and Don'ts When Demanding Payment and the Mistakes to Avoid," Chicago Bar Association's Real Property Law, Condominium Subcommittee, Webinar, February 20, 2018
"Ask the Attorneys: The Healthcare Edition," ACA International Fall Forum & Expo, Chicago, Illinois, November 2, 2017
"Strategies for Attacking Serial Litigators and Baseless Class Actions," ACA International Fall Forum & Expo, Chicago, Illinois, November 2, 2017
"Integrating CFPB Consent Decrees into Compliance Practices," ACA International Convention & Expo, Seattle, Washington, July 18, 2017
"Great Lakes Credit and Collection Association Conference Attorney Panel," GLCCA First Annual Conference, Lake Lawn Lodge, Delavan, Wisconsin, May 22-24, 2017
"Lessons Learned from Recent Class Actions," NCBA 2017 Spring Conference, Orlando, Florida, May 2017

Publications

David regularly publishes on legal ethics and consumer litigation issues. Recent publications include:

Quoted in "Illinois Governor Advances Coerced Debt Protections in New Law," ACA International, August 18, 2025

"Appeals Court Overturns Ruling in FCRA Case Over ‘Clickwrap’ Disclosure," ARM Compliance Digest, July 21, 2025
Co-Author, Chapter 12, "Statutes Affecting Lawyer Liability," Attorneys' Legal Liability, Illinois Institute for Continuing Legal Education, 2025 Edition
"Illinois Legislature Passes Bill Prohibiting Collection of Coerced Debt," ARM Compliance Digest, June 9, 2025
"Judge Grants MTD in FDCPA Case Over Email-Only Communication Demand," ARM Compliance Digest, January 27, 2025
"Judge Grants MSJ for Defendant in FCRA Case Over Dismissal of Collection Suit," ARM Compliance Digest, December 16, 2024
"Oklahoma District Court Judge Dismisses Class-Action Component of FDCPA Suit," ARM Compliance Digest, October 21, 2024
"Judge Rules Debt Buyer Vicariously Liable for Actions of Collection Law Firm in FDCPA, RFDCPA Case," ARM Compliance Digest, September 9, 2024
"Judge Grants MSJ For Defendant in FDCPA Case Over Business Debt," ARM Compliance Digest, August 19, 2024
"State Appeals Court Affirms Ruling for Defendant in FDCPA Class Action," ARM Compliance Digest, April 2, 2024
"Judge Grants MTD in FDCPA Case Over Potentially Incorrect Balance in Underlying Collection Suit," ARM Compliance Digest, February 26, 2024
"Judge Rules Maine FCRA Partially Preempted by Federal Law," ARM Compliance Digest, January 29, 2024
"Appeals Court Reverses Ruling on FCRA Damages," ARM Compliance Digest, November 20, 2023
"Judge Rules in Favor of Plaintiff in FCRA Case Over Reasonable Investigation," ARM Compliance Digest, August 28, 2023
"Appeals Court Upholds Reasonableness of Dispute Investigation in FCRA Case," ARM Compliance Digest, July 17, 2023
"Appeals Court Rules One RVM Enough for Plaintiff to Have Standing," ARM Compliance Digest, June 19, 2023
"Judge Denies MTD in TCPA Class Action Even Though Plaintiff Pressed '2'," ARM Compliance Digest, May 22, 2023
"Judge Denies Certification, Defendants' MSJ in FDCPA Class Action," ARM Compliance Digest, February 13, 2023
Co-Author, "The Caselaw That Shaped the ARM Industry in 2022," AccountsRecovery.net, January 6, 2023
"Judge Certifies Class Against Defaulted Defendant in FDCPA Case," ARM Compliance Digest, November 7, 2022
Co-Author, "11th Circ. Ruling Emphasizes Article III Struggles After Spokeo," Law360, September 27, 2022
"Pair of NDIL Hunstein Cases Remanded Back to State Court for Lack of Standing," ARM Compliance Digest, September 19, 2022
"Appeals Court Affirms Rulings for Defendant in FCRA Cases," ARM Compliance Digest, August 29, 2022
"Appeals Court Vacates Certification, Settlement in TCPA Case," ARM Compliance Digest, August 8, 2022
"Judge Denies MSJ in FDCPA Case Over Cease Request," ARM Compliance Digest, June 18, 2022
"Class Action Accuses Collector of Violating FDCPA via Text Message," ARM Compliance Digest, June 27, 2022
"Complaint Accuses Collector of Violating Reg F By Leaving out Itemization Info," ARM Compliance Digest, May 16, 2022
"Judge Grants MTD in FDCPA Class Action Over Settlement Offer in Letter," ARM Compliance Digest, March 7, 2022
Co-Author, "Analyzing Oral Argument Proceedings in the 11th Circuit's En Banc Review of Hunstein v. Preferred Collection and Management Services," ACA International, March 1, 2022
"Appeals Court Affirms Ruling in One BFE Case, Overturns Ruling in Another," ARM Compliance Digest, February 14, 2022
Co-Author, Chapter 12, "Statutes Affecting Lawyer Liability," Attorneys' Legal Liability, Editions: 2014 and 2022
"Judge Sets Aside Default Against Defendant Because of COVID-19 Restrictions," ARM Compliance Digest, January 24, 2022
"Judge Denies MTD in FDCPA, TCPA Class Action Over Orally Made Cease Request," ARM Compliance Digest, December 20, 2021
"Judge Grants Plaintiff’s Motion to Remand FDCPA Class Action Back to State Court," ARM Compliance Digest, November 22, 2021
"Judge Dismisses FDCPA Case Over Inadvertent Voicemail For Lack of Standing," ARM Compliance Digest, November 1, 2021
"Judge Grants MTD in FDCPA Case Over Alleged Conflicting, Overshadowing Language in Letter," ARM Compliance Digest, October 11, 2021
"Judge Denies Competing Motions in FDCPA Case Over Debt Incurred During Political Campaign," ARM Compliance Digest, September 13, 2021
"Mich. Judge Grants MTD in FDCPA Case Over Credit Reporting Statement in Letter," ARM Compliance Digest, August 23, 2021
"Defendant in FDCPA Barcode Case Files En Banc Petition With Appeals Court," ARM Compliance Digest, August 2, 2021
"Judge Grants MSJ For Defendant in FDCPA Case Over Credit Karma Report," ARM Compliance Digest, July 12, 2021
"Judge Holds Debt Buyer Liable for Actions of Collector in Partially Granting Plaintiff’s MSJ in FDCPA Case," ARM Compliance Digest, June 21, 2021
"Judge Grants MTD in FDCPA Case Over Settlement Language, Mentions Hunstein," ARM Compliance Digest, June 1, 2021
Co-Author, "TransUnion v. Ramirez: Supreme Court Considers Significant Class Certification Issue," ACA International, March 30, 2021
"TransUnion Makes Case to Decertify Class in $40M FCRA Case," ARM Compliance Digest, February 15, 2021
"CFPB, State AGs Reach $85M Settlement With Mortgage Servicer," ARM Compliance Digest, December 21, 2020
"Judge Denies MTD in FCRA Case on Failure to State a Claim," ARM Compliance Digest, November 30, 2020
"CFPB Stands Behind Collector for Itemizing Debt in Letter," ARM Compliance Digest, November 9, 2020
"CFPB Enforcement Actions Spike in 3Q," ARM Compliance Digest, October 26, 2020
"Judge Grants MTD in FCRA Case Over Dispute Investigation," ARM Compliance Digest, October 5, 2020
"Appeals Court Affirms Dismissal of FCRA Suit Over Deleted Item on Credit Report," ARM Compliance Digest, September 21, 2020
Co-Author, Chapter 7, "Fair Debt Collection Practices Act," Creditors' Rights in Illinois, Illinois Institute for Continuing Legal Education, 2014 and 2019

Blog Posts

Navigating Standing Considerations in Data Breach Class Actions, Mar 4, 2025
Eleventh Circuit Orders En Banc Rehearing of Hunstein Case and Vacates Opinion, Nov 17, 2021

Events

David Schultz and Vaishali Rao Present Key Compliance Insights at ComplianceCon 2025, Sep 29, 2025
Third Annual Driving Ahead Auto Finance Seminar: Insights from Industry Leaders, May 1, 2025
Justin Penn, David Schultz, and Vaishali Rao to Present at Hinshaw-Sponsored ARM Law Conference, September 17-18, 2024
David Schultz to Co-Present "Defending FCRA Lawsuits" in an AccountsRecovery.net Webinar, Aug 19, 2024
David Schultz to Co-Present "ARM Industry Litigation Update" in AccountsRecovery.net Webinar, Jun 17, 2024

Hinshaw Alerts

U.S. Supreme Court Holds Consumers Can Sue the Government for Violating the FCRA, Feb 26, 2024
The Hunstein Saga Ends at the Eleventh Circuit: Court Determines That Use of a Mail Vendor Did Not Inflict a Concrete Injury, Sep 15, 2022
Reasons for Optimism as Eleventh Circuit Revisits Hunstein and Doubles Down, October 29, 2021 | Consumer Law Hinsights – Special Edition
Consumer & Class Action Litigation Newsletter - August 2013, Aug 5, 2013
7th Circuit Holds That "Called Party" Means Current Subscriber of Cell Phone When Determining "Consent" Under the TCPA, May 11, 2012

Hinshaw Newsletters

Consumer Financial Services Newsletter - Fall 2017 Edition, Nov 1, 2017
Consumer & Class Action Litigation Newsletter - November 2014 Edition, Nov 25, 2014
Consumer & Class Action Litigation Newsletter - October 2014 Edition, Oct 22, 2014
Consumer & Class Action Litigation Newsletter - September 2014 Edition, Sep 18, 2014
Consumer & Class Action Litigation Newsletter - August 2014 Edition, Aug 6, 2014

In The News

Press Releases

Privacy, Cyber & AI Decoded Alert

A Surge in Illinois Genetic Information Privacy Act (GIPA) Claims Poses Threat to Employers, Mar 5, 2024

Webinars

View all of David's Insights

Thought Leadership

Presentations

David frequently speaks before industry, professional, and legal associations on legal ethics and consumer litigation issues. His recent presentations include:

Co-Presenter, "Understanding The FCC's New Revocation Rules," ComplianceCon 2025, Nashville, Tennessee, September 29, 2025
Co-Presenter, "State vs. Federal Court: Deciding Where to Defend Yourself," AccountsRecovery.net, Webinar, May 12, 2025

Co-Presenter, "Consumer – The Latest Litigation Trends and Developments Impacting Auto Finance," 2025 Auto Finance Seminar, Hinshaw & Culbertson LLP, Chicago, Illinois, May 1, 2025
Co-Presenter, "First Quarter Litigation Update," AccountsRecovery.net, Webinar, March 20, 2025
Co-Presenter, "Decoding Vague and Mixed Messages from Consumers," AccountsRecovery.net, Webinar, January 6, 2025

Co-Presenter, "TCPA Compliance Update: Navigating Recent Rulings," ARM Law Conference, Nashville, Tennessee, September 17, 2024
Co-Presenter, "FCRA Lawsuits," AccountsRecovery.net, Webinar, August 19, 2024
Co-Presenter, "ARM Industry Litigation Update," AccountsRecovery.net, Webinar, June 17, 2024
Co-Presenter, "Consumer – FCRA Litigation Updates, Regulatory Enforcement Trends & Compliance Recommendations," 2024 Auto Finance Seminar, Hinshaw & Culbertson LLP, Chicago, Illinois, May 16, 2024
Co-Presenter, "Flying High: ARM Industry Legal Eagles' Insights," 8th Annual Conference, Great Lakes Credit and Collection Association (GLCCA), Bloomington, Minnesota, May 10, 2024
Co-Presenter, "Understanding The Reasons Why TCPA Litigation Is Increasing," AccountsRecovery.net, Webinar, October 2, 2023
Co-Presenter, "Ask the Credit Reporting Expert," AccountsRecovery.net, Webinar, August 24, 2023
Co-Presenter, "The Latest Litigation Updates Impacting Automotive Finance," 2023 Auto Finance Seminar: Driving Ahead: Auto Finance Insights from Industry Leaders, Hinshaw & Culbertson LLP, Chicago, Illinois, May 4, 2023
Co-Presenter, "Hunstein Ruling & 7th Circuit," Illinois Creditors Bar Association (ILCBA) 2022 Fall Seminar, November 11, 2022
Co-Presenter, "Hunstein Ruling Pushing Cases to State Court," AccountsRecovery.net, Webinar, November 1, 2022
Co-Presenter, "Analyzing The Seventh Circuit Court of Appeals," AccountsRecovery.net, Webinar, September 26, 2022
Co-Presenter, "The Credit Reporting Landscape is Changing!," The ACA Huddle, Webinar, August 3, 2022
Panelist, "Ask The Credit Reporting Expert," AccountsRecovery.net, Webinar, June 23, 2022
Co-Presenter, "Regulation F: The Consumer Financial Protection Bureau’s New Debt Collection Rules," ISBA, Virtual Event, April 28, 2022
Panelist, "Litigation Trends Within the FDCPA, FCRA, and TCPA," AccountsRecovery.net, Webinar, April 21, 2022
Co-Presenter, "The Most Common FCRA Mistakes to Avoid," AccountsRecovery.net, Webinar, February 4, 2022
Co-Presenter, "What 2022 Holds for Collection Litigation," AccountsRecovery.net, Webinar, December 21, 2021
Panelist, "Has Hunstein Gone Away?," AccountsRecovery.net, Webinar, November 1, 2021
Panelist, "Latest Trends and Tips Plus Q&A," Great Lakes Credit & Collection Association Conference, Bloomington, Minnesota, October 29, 2021
Panelist, "Best Practices When Collecting Past the Statute of Limitations," AccountsRecovery.net, Webinar, October 22, 2021
Panelist, "Mapping Out Legal Strategies," AccountsRecovery.net, Webinar, August 6, 2021
Panelist, "FCRA Litigation Trends," AccountsRecovery.net, Webinar, June 21, 2021
Panelist, "State Court Trends and The FDCPA," AccountsRecovery.net, Webinar, May 26, 2021
Co-Presenter, "Litigation Landscape Update," ACA International, The ACA Huddle, Virtual Event, April 28, 2021
Panelist, "Where Most FCRA Mistakes Are Made," AccountsRecovery.net, Webinar, March 30, 2021
Co-Presenter, "The Time-Barred Debt - It's 'Time After Sometime' to Talk About This," ACA International Webinar, Huddle CFPB Rule Series Part II, January 14, 2021
Panelist, "Analyzing The Increase in CFPB Enforcement Actions," AccountsRecovery.net, Webinar, November 10, 2020
Panelist, "The ACA Huddle: CFPB Rule Series," ACA International, Webinar, November 9, 2020
Co-Presenter, "Meaningful Attorney Involvement and Other Hot Topics," ILCBA Fall Seminar, Virtual Event, October 12, 2020
Panelist, "The Most Common Overshadowing Pitfalls and How to Avoid Them," AccountsRecovery.net, Webinar, September 22, 2020
Panelist, "FCRA Lawsuits in the Wake of the COVID-19 Pandemic and the CARES Act: Five Short Videos," Web Bytes from WebRecon & AccountsRecovery.net, Webinar, July 2020
Panelist, "Class Action Letter Claims Return and How to Avoid Them," ACA International's 2020 Virtual Convention & Expo, Webinar, July 15, 2020
Panelist, "Prepare Now For A New Wave Of Pandemic Related Litigation Against The Collection Industry," ACA International Seminar, Webcast, April 22, 2020
Co-Presenter, "Attorney's Fees – How to Get Them and How to Stop Them," NCBA 2019 Fall Conference, Washington D.C., October 17, 2019
Co-Presenter, "The Basics of the Fair Debt Collection Practices Act," ISBA Seminar, Chicago, Illinois, October 3, 2019
Co-Presenter, "Industry Defense Roundtable," ACA International Convention & Expo, San Diego, California, July 16, 2019
"NPRM Deep-Dive Electronic Communications & Disclosures," ACA International Convention & Expo, San Diego, California, July 14-16, 2019
"Attorney Panel," Great Lakes Credit and Collection Association Conference, May 21, 2019
"Speed Compliance," The Defense Bar (& Grill) Players – National Creditors Bar Association, May 15-18, 2019
"Defense Tactics-From the Industry Defense," ACA International Fall Forum & Expo, The Drake Hotel, Chicago, Illinois, November 7 – 8, 2018
"Could I Have This Dance? Ethical and Business Concerns When Beginning and Ending the Relationship Between Collection Attorneys and Their Clients," National Creditors Bar Association 2018 Fall Conference, Omni Hotel, Nashville, Tennessee, October 3 – 6, 2018
"Lessons Learned in the Trenches," ACA International Convention & Expo, Omni Hotel, Nashville, Tennessee, July 23 – 25, 2018
"Great Lakes Credit and Collection Association Conference Attorney Panel," GLCCA Annual Conference, Lake Lawn Lodge, Delavan, Wisconsin, May 23, 2018
"Ask the Attorneys: the Healthcare Edition," NCBA 2018 Spring Conference, JW Marriott, Austin, Texas, May 16 – 19, 2018
"Conversation with Defense Attorneys," NCLC's FDCPA Conference, Chicago, Illinois, March 19, 2018
"Current FDCPA Issues in the 7th Circuit and Beyond," Illinois Creditors Bar Association Spring Seminar, Chicago, Illinois, March 5, 2018
"FDCPA: A Refresher as to the Do's and Don'ts When Demanding Payment and the Mistakes to Avoid," Chicago Bar Association's Real Property Law, Condominium Subcommittee, Webinar, February 20, 2018
"Ask the Attorneys: The Healthcare Edition," ACA International Fall Forum & Expo, Chicago, Illinois, November 2, 2017
"Strategies for Attacking Serial Litigators and Baseless Class Actions," ACA International Fall Forum & Expo, Chicago, Illinois, November 2, 2017
"Integrating CFPB Consent Decrees into Compliance Practices," ACA International Convention & Expo, Seattle, Washington, July 18, 2017
"Great Lakes Credit and Collection Association Conference Attorney Panel," GLCCA First Annual Conference, Lake Lawn Lodge, Delavan, Wisconsin, May 22-24, 2017
"Lessons Learned from Recent Class Actions," NCBA 2017 Spring Conference, Orlando, Florida, May 2017

Publications

David regularly publishes on legal ethics and consumer litigation issues. Recent publications include:

Quoted in "Illinois Governor Advances Coerced Debt Protections in New Law," ACA International, August 18, 2025

"Appeals Court Overturns Ruling in FCRA Case Over ‘Clickwrap’ Disclosure," ARM Compliance Digest, July 21, 2025
Co-Author, Chapter 12, "Statutes Affecting Lawyer Liability," Attorneys' Legal Liability, Illinois Institute for Continuing Legal Education, 2025 Edition
"Illinois Legislature Passes Bill Prohibiting Collection of Coerced Debt," ARM Compliance Digest, June 9, 2025
"Judge Grants MTD in FDCPA Case Over Email-Only Communication Demand," ARM Compliance Digest, January 27, 2025
"Judge Grants MSJ for Defendant in FCRA Case Over Dismissal of Collection Suit," ARM Compliance Digest, December 16, 2024
"Oklahoma District Court Judge Dismisses Class-Action Component of FDCPA Suit," ARM Compliance Digest, October 21, 2024
"Judge Rules Debt Buyer Vicariously Liable for Actions of Collection Law Firm in FDCPA, RFDCPA Case," ARM Compliance Digest, September 9, 2024
"Judge Grants MSJ For Defendant in FDCPA Case Over Business Debt," ARM Compliance Digest, August 19, 2024
"State Appeals Court Affirms Ruling for Defendant in FDCPA Class Action," ARM Compliance Digest, April 2, 2024
"Judge Grants MTD in FDCPA Case Over Potentially Incorrect Balance in Underlying Collection Suit," ARM Compliance Digest, February 26, 2024
"Judge Rules Maine FCRA Partially Preempted by Federal Law," ARM Compliance Digest, January 29, 2024
"Appeals Court Reverses Ruling on FCRA Damages," ARM Compliance Digest, November 20, 2023
"Judge Rules in Favor of Plaintiff in FCRA Case Over Reasonable Investigation," ARM Compliance Digest, August 28, 2023
"Appeals Court Upholds Reasonableness of Dispute Investigation in FCRA Case," ARM Compliance Digest, July 17, 2023
"Appeals Court Rules One RVM Enough for Plaintiff to Have Standing," ARM Compliance Digest, June 19, 2023
"Judge Denies MTD in TCPA Class Action Even Though Plaintiff Pressed '2'," ARM Compliance Digest, May 22, 2023
"Judge Denies Certification, Defendants' MSJ in FDCPA Class Action," ARM Compliance Digest, February 13, 2023
Co-Author, "The Caselaw That Shaped the ARM Industry in 2022," AccountsRecovery.net, January 6, 2023
"Judge Certifies Class Against Defaulted Defendant in FDCPA Case," ARM Compliance Digest, November 7, 2022
Co-Author, "11th Circ. Ruling Emphasizes Article III Struggles After Spokeo," Law360, September 27, 2022
"Pair of NDIL Hunstein Cases Remanded Back to State Court for Lack of Standing," ARM Compliance Digest, September 19, 2022
"Appeals Court Affirms Rulings for Defendant in FCRA Cases," ARM Compliance Digest, August 29, 2022
"Appeals Court Vacates Certification, Settlement in TCPA Case," ARM Compliance Digest, August 8, 2022
"Judge Denies MSJ in FDCPA Case Over Cease Request," ARM Compliance Digest, June 18, 2022
"Class Action Accuses Collector of Violating FDCPA via Text Message," ARM Compliance Digest, June 27, 2022
"Complaint Accuses Collector of Violating Reg F By Leaving out Itemization Info," ARM Compliance Digest, May 16, 2022
"Judge Grants MTD in FDCPA Class Action Over Settlement Offer in Letter," ARM Compliance Digest, March 7, 2022
Co-Author, "Analyzing Oral Argument Proceedings in the 11th Circuit's En Banc Review of Hunstein v. Preferred Collection and Management Services," ACA International, March 1, 2022
"Appeals Court Affirms Ruling in One BFE Case, Overturns Ruling in Another," ARM Compliance Digest, February 14, 2022
Co-Author, Chapter 12, "Statutes Affecting Lawyer Liability," Attorneys' Legal Liability, Editions: 2014 and 2022
"Judge Sets Aside Default Against Defendant Because of COVID-19 Restrictions," ARM Compliance Digest, January 24, 2022
"Judge Denies MTD in FDCPA, TCPA Class Action Over Orally Made Cease Request," ARM Compliance Digest, December 20, 2021
"Judge Grants Plaintiff’s Motion to Remand FDCPA Class Action Back to State Court," ARM Compliance Digest, November 22, 2021
"Judge Dismisses FDCPA Case Over Inadvertent Voicemail For Lack of Standing," ARM Compliance Digest, November 1, 2021
"Judge Grants MTD in FDCPA Case Over Alleged Conflicting, Overshadowing Language in Letter," ARM Compliance Digest, October 11, 2021
"Judge Denies Competing Motions in FDCPA Case Over Debt Incurred During Political Campaign," ARM Compliance Digest, September 13, 2021
"Mich. Judge Grants MTD in FDCPA Case Over Credit Reporting Statement in Letter," ARM Compliance Digest, August 23, 2021
"Defendant in FDCPA Barcode Case Files En Banc Petition With Appeals Court," ARM Compliance Digest, August 2, 2021
"Judge Grants MSJ For Defendant in FDCPA Case Over Credit Karma Report," ARM Compliance Digest, July 12, 2021
"Judge Holds Debt Buyer Liable for Actions of Collector in Partially Granting Plaintiff’s MSJ in FDCPA Case," ARM Compliance Digest, June 21, 2021
"Judge Grants MTD in FDCPA Case Over Settlement Language, Mentions Hunstein," ARM Compliance Digest, June 1, 2021
Co-Author, "TransUnion v. Ramirez: Supreme Court Considers Significant Class Certification Issue," ACA International, March 30, 2021
"TransUnion Makes Case to Decertify Class in $40M FCRA Case," ARM Compliance Digest, February 15, 2021
"CFPB, State AGs Reach $85M Settlement With Mortgage Servicer," ARM Compliance Digest, December 21, 2020
"Judge Denies MTD in FCRA Case on Failure to State a Claim," ARM Compliance Digest, November 30, 2020
"CFPB Stands Behind Collector for Itemizing Debt in Letter," ARM Compliance Digest, November 9, 2020
"CFPB Enforcement Actions Spike in 3Q," ARM Compliance Digest, October 26, 2020
"Judge Grants MTD in FCRA Case Over Dispute Investigation," ARM Compliance Digest, October 5, 2020
"Appeals Court Affirms Dismissal of FCRA Suit Over Deleted Item on Credit Report," ARM Compliance Digest, September 21, 2020
Co-Author, Chapter 7, "Fair Debt Collection Practices Act," Creditors' Rights in Illinois, Illinois Institute for Continuing Legal Education, 2014 and 2019