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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. Mr. Schultz is a past chair of the firm's Consumer & Class Action Litigation group.

Mr. Schultz is 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 and Tenant Ordinance (CRLTO). He has defended class actions challenging food labels and under Illinois' Biometric Information Privacy Act (BIPA). 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 Creditors Bar Association (NCBA) and the Receivable Management Association International (RMAI). He received the ACA's 2017 Judicial Advocate Award, which recognizes an attorney who in the past year has been an "outstanding advocate on behalf of the credit and collection industry." 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 NCBA, 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 is an ACA MAP Attorney for Illinois and is currently on the Judicial Committee. He also serves on a NCBA defense panel consisting of firms that provide risk management advice and defend NCBA members, and is on the Membership Committee. Following nomination by his peers, Mr. Schultz was also recognized by Collection Advisor as a Top Attorney in Collections in 2018.

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.

Professional Background

Prior to joining Hinshaw, 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.

Professional Affiliations

  • American Bar Association
  • Illinois State Bar Association
  • American Collector's Association, Members Attorney Program
  • National Creditors Bar Association (NCBA)
  • Receivable Management Association International (RMAI)

Honors & Awards

  • Recipient of the ACA's 2017 Judicial Advocate Award
  • Recognized as a "Top Attorney in Collections" by Collection Advisor, 2018
  • Recognized on the Super Lawyers list by Illinois Super Lawyers magazine, 2005, 2007 – 2009, 2011 – 2017
  • 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

Representative Matters

Mr. Schultz's reported consumer litigation and legal malpractice cases include a number of precedent-setting decisions:

  • Paz v. Portfolio Recovery Assocs., LLC, No. 17-3259, 2019 U.S. App. LEXIS 14404 (7th Cir. May 15, 2019)
  • Jenkins v. Heintz, 514 U.S. 291, 115 S.Ct. 1489, 131 L.Ed.2d 395 (1995)
  • Midland Funding LLC v. Schellenger, 2019 IL App (5th) 180202-U
  • Schultz v. Midland, 905 F.3d 159 (3rd Cir. 2018)
  • Loja v. Main St. Acquisition Corp., 906 F.3d 680 (7th Cir. 2018)
  • Dorrian v. LVNV Funding, LLC, 94 N.E.3d 370 (Mass. 2018)
  • Holcomb v. Freedman Anselmo Lindberg, LLC, 900 F.3d 990 (7th Cir. 2018)
  • Evans v. Portfolio Recovery Assocs., LLC, 889 F.3d 337 (7th Cir. 2018)
  • Dunbar v. Kohn Law Firm, S.C., 896 F.3d 762 (7th Cir. 2018)
  • Heng v. Heavner, Beyers & Mihlar, LLC, 849 F.3d 348 (7th Cir. 2017)
  • Momient v. N.W. Collectors, Inc., 666 Fed. Appx. 531 (7th Cir. 2016)
  • Marquez v. Weinstein, Pinson & Riley, P.S., 836 F.3d 808 (7th Cir. 2016)
  • Bravo v. Midland Credit Mgmt., Inc., 812 F.3d 599 (7th Cir. 2016)
  • Portfolio Recovery Associates, LLC v. Dixon, 366 P.3d 245, 247 (Kan. App. 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, 32 N.E.3d 553 (Ill. 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)

Presentations

Mr. Schultz is a frequent speaker before industry, professional and legal associations on legal ethics and consumer litigation issues. His recent presentations include:

  • 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
  • "Recent Consumer Claims Analysis, Current Hot Claims and What is Next on the Litigation Horizon," and "What Have Those State Regulators Been Doing This Past Year?," ACA International Convention & Expo, Denver, Colorado, June 2016
  • "Credit Reporting: Ensuring Your Clients Meet CFPB's Expectations," ACA International Fall Forum & Expo, Chicago, Illinois, November 2016
  • "The Great Debate: Consumer Attorneys and Defense Bar," NCBA 2016 Spring Conference, Chicago, Illinois, May 2016
  • "Collection of Out-of-Statute Debt is Lawful," 2016 RMAI 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," NCBA 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 Creditors Bar Association, 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," RMAI 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 Creditors Bar Association, 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," NCBA 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 Creditors Bar Association' 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 Creditors Bar Association (NCBA), San Diego, California, May 2012

Publications

Mr. Schultz is author, co-author or contributor on a number of texts and articles discussing legal ethics and consumer litigation issues. His recent 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 Creditors Bar Association (NCBA), Scottsdale, Arizona, October 2011

Hinshaw Publications

J.D., The John Marshall Law School

B.S., University of Illinois