Ellen Silverman focuses her practice in consumer litigation, both individual cases and defending class actions. She divides her practice among two distinct areas: (1) managing consumer financial services litigation for large, national banks and credit card companies across the country and (2) representing mortgage lenders and servicers in mortgage loan litigation.
Ellen's experience in consumer financial services litigation is substantial, and she has defended against every type of consumer claim, including claims under the Fair Credit Reporting Act (FCRA), the Truth in Lending Act (TILA), the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA), as well as state consumer protection laws — both individual claims and class actions. Ellen has broad and significant experience representing mortgage lenders and servicers in claims involving residential mortgage loan origination, transfers and assignments, and foreclosure in Minnesota state and federal courts. These matters include cases arising from allegations of mortgage fraud, predatory lending, and violations of consumer protection statutes such as TILA, RESPA, HOEPA, HPA, and FCRA.
Ellen also practices in the areas of business litigation, real estate litigation and insurance litigation. You can connect with her on LinkedIn at https://www.linkedin.com/in/ellensilverman1/
Ellen is the former Chair of the firm's Consumer Financial Services Practice Group. She joined Hinshaw & Culbertson LLP in April 2012. Previously she was special counsel for five years with Faegre Baker Daniels LLP in Minneapolis.
Ellen began her legal career in 1989 as a real estate associate and litigation associate at Dewey & LeBoeuf. In 1994 she moved to Day Pitney (in Morristown, New Jersey) where she remained for three years. In 2004, Ellen joined the Law Offices of Amy Beretta, in Warwick, Rhode Island, where she remained until 2006.
- Minnesota State Bar Association
- Consumer Litigation Section, Co-Chair, 2013 – Present
A selection of Ellen's representative cases in both state and federal counts includes:
- Kidd v. Midland Credit Mgmt., No. 17-1208 (E.D.N.Y. Sept. 27, 2019). Represented debt collector in U.S. District Court (E.D.N.Y.) in a case where plaintiffs alleged that collection letters violated the 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."
- Vedernikov v. Atl. Credit & Fin., Inc., No. 18-15273 (D.N.J. Aug. 30, 2019). Prevailed on a motion to dismiss on behalf of client Midland Funding, LLC in a putative FDCPA class action case. Midland had sought application of judicial estoppel, an "extraordinary" judicial remedy reserved for "the most egregious" cases, for what it alleged was bad faith conduct by plaintiff in a separate bankruptcy proceeding. The court agreed, finding plaintiff had failed to notify the Bankruptcy Court or Trustee that he had initiated a number of FDCPA claims after filing his bankruptcy petition, and the case was dismissed with prejudice.
- Seror v. Equifax, et al., Civ No. 18-14804 (FLW) (D. New Jersey, July 8, 2019). Obtained dismissal on early motion of claim that a furnisher reported a debtor's "charge off" status to credit-reporting agencies in violation of the FCRA. The court held that plaintiff failed to allege a proper basis on which to impose FCRA liability.
- Schulz v. Wells Fargo Bank, N.A., Civ. No. 12-cv-2147 (JNE/JSM) (D. Minn. Dec. 17, 2012. Obtained dismissal of wrongful foreclosure, Minnesota Consumer Fraud claims.
- Nelson v. Wells Fargo Bank, N.A., Civ. No. 11-cv-3403 (PJS/TNL) (D. Minn. March 11, 2013). Granted summary judgment on fraud, negligent misrepresentation and promissory estoppel claims.
- U.S. Bank, National Association v. Shane B. Uglem, A12-1323 (Minn. Court Appeals, April 3, 2013). Successfully defended appeal of summary judgment in foreclosure action.
- Scott v. Wells Fargo Bank, N.A., Civ. No. 10-3368 (MJD/SER), U.S. Dist. LEXIS 97301 at *21 (D. Minn. Aug. 27, 2011). Obtained complete summary judgment on fraud claims in connection with alleged wrongful foreclosure.
- Tacheny v. M & I Marshall & Illsley Bank, 2011 WL 1657877 (PJS/JJK) (D. Minn. April 29, 2011). Obtained dismissal of TILA claims.
- Franz v. BAC Home Loan Servicing, LLP, Civ. No. 10-2025 (DWF/FLN) (D. Minn. March 8, 2011). Obtained dismissal of TILA and Real Estate Settlement Procedures Act (RESPA) claims.
- Capital One Bank v. Hall, 247 P. 3d 234 (Kan. App. Feb. 25, 2011). Successfully defended partial summary judgment in consumer fraud action.
- "Fair Credit Reporting Act: What You Need to Know," CLE presented to Waterstone Mortgage, Milwaukee, Wisconsin, December 2014
- "Life After Ruiz: Was It a Game Changer?" Minnesota State Bar Association, Minneapolis, Minnesota, October 2013
Ellen is the Editor-in-chief of the Minnesota State Bar Association's Consumer Litigation Section e-newsletter. Additional publications include:
- Co-Author, "FDCPA Cases Continue To Define What Congress Did Not," Law360, May 1, 2018
- "Minnesota's Automatic Dialing Statute: You May be Liable for Calling a Wrong Number in Minnesota," ARM insider, July 12, 2016
- Co-Author,"Supreme Court Decides Mims v. Arrow Financial Services, LLC," Martindale.com, January 20, 2012
- Client Success: Midland Funding Secures Dismissal of Putative FDCPA Class Action by Highlighting Bad Faith Bankruptcy Conduct by PlaintiffSeptember 10, 2019
- Client Success: Target Corporation Secures Dismissal of FDCPA Case involving Attorney Involvement DisclaimerJuly 23, 2019
- January 16, 2019
- July 20, 2017
- July 12, 2016
- May 18, 2016Appointments Serve to Re-Generate and Add to Diversity of Firm Leadership
- May 18, 2016
- Ellen Silverman Profiled in Hennepin Lawyer Article "Farm Team or Football? Mega Law Moves to Minnesota"January 5, 2016
- CFPB Relaxes Enforcement of FCRA in the Wake of Coronavirus Crisis But Furnishers' Obligations to Consumers Remain Unchanged Samantha R. Millar, Ellen B. Silverman
- Minnesota Decision Marks Growing Split Among Federal Circuits Regarding FCRA Liability for Failure to Mark a Tradeline as Disputed Ellen B. Silverman, Heather K. Meyers
Consumer Crossroads: Where Financial Services and Litigation Intersect
- March 21, 2017Consumer Financial Services Alert
- March 16, 2017
- March 16, 2017Consumer Financial Services Alert
- February 13, 2017
- January 9, 2017Consumer Financial Services Alert
- December 21, 2016
- November 22, 2016
- November 4, 2016Consumer Financial Services Alert
- October 28, 2016
- July 27, 2016
- May 19, 2016
- Minnesota Dance Theatre and Dance Institute in Minneapolis, Serves on the Executive Committee and Board of Directors
J.D., The George Washington University Law School, 1989
B.A., with high honors, English and History, Douglass College, 1986
- Phi Beta Kappa
- New Jersey
- New York
- U.S. Court of Appeals for the Eighth Circuit
- U.S. District Court for the Southern District of Indiana