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Ellen Silverman focuses her practice in consumer litigation—both individual cases and the defense of class actions. She has served as national counsel for several large retailers, national banks, and credit card companies, managing consumer financial services litigation.

Ellen has defended against every type of consumer claim, with a particular focus on Fair Credit Reporting Act (FCRA) claims. She also handles individual and class actions under the Fair Debt Collection Practices Act (FDCPA) and Telephone Consumer Protection Act (TCPA), as well as state consumer protection laws. 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.

Active in firm leadership, Ellen is a member of Hinshaw's Management Committee, Executive Committee, and Diversity Committee. She is also the former chair of the firm's Consumer Financial Services Practice Group.

Prior to joining Hinshaw, Ellen was special counsel for five years with Faegre Baker Daniels LLP in Minneapolis. She began her legal career as a real estate and litigation associate at Dewey & LeBoeuf. Ellen later moved to Day Pitney in Morristown, New Jersey, after which she joined the Law Offices of Amy Beretta, in Warwick, Rhode Island.

You can connect with her on LinkedIn at https://www.linkedin.com/in/ellensilverman1/

Professional Affiliations

  • Minnesota State Bar Association
    • Consumer Litigation Section, Co-Chair, 2013 – Present

Representative Matters

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.

Presentations

  • "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

Publications

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

Community/Civic Activities

  • Minnesota Dance Theatre and Dance Institute in Minneapolis, Executive Committee and Board of Directors

J.D., The George Washington University Law School, 1989

B.A., with high honors, Douglass College, 1986

  • Phi Beta Kappa