-
Adams v. Plaza Finance Co., Inc.
- Lending & Servicing Practices
168 F.3d 932 (7th Cir. 1999): Court held that insurance protecting the
creditor against the consumer's default is a finance charge and must
always be disclosed as such.
-
Adkins v. Nestle Purina Petcare Co.
- Other Consumer Protection Issues
973 F.Supp.2d 905 (N.D.Ill. 2013): Class action alleging that chicken jerky
dog treats manufactured in the People’s Republic of China were dangerous
and caused plaintiffs' dogs to become ill or die. All of the illnesses
were similar, with most of the affected dogs experiencing symptoms such
as vomiting, diarrhea, and kidney failure.
-
Autry v. Northwest Premium Services, Inc.
- Lending & Servicing Practices
144 F.3d 1037 (7th Cir. 1998): Terms of insurance premium finance agreements
must be disclosed in compliance with Truth in Lending Act.
-
Avila v. Rubin
- Fair Debt Collections Practices Act
84 F.3d 222 (7th Cir. 1996), aff'g
Avila v. Van Ru Credit Corp., 94 C 3234, 1994 WL 649101 (N.D.Ill., Nov. 14, 1994), later opinion, 1995
WL 22866 (N.D.Ill., Jan. 18, 1995), later opinion, 1995 WL 41425 (N.D.Ill.,
Jan. 31, 1995), later opinion, 1995 WL 55255 (N.D.Ill., Feb. 8, 1995),
later opinion, 1995 WL 683775, 1995 U.S.Dist. LEXIS 17117 (N.D.Ill., Nov.
16, 1995): Leading decision on phony "attorney letters," sent
without attorney involvement, in violation of the Fair Debt Collection
Practices Act
-
Ballard RN Center, Inc. v. Kohll’s Pharmacy and Homecare, Inc.
- Telephone Consumer Protection Act
2015 IL 118644, 48 N.E.3d 1060 (Ill.Sup.Ct.): Affirmed certification of
class in “junk fax” case under Telephone Consumer Protection Act.
-
Barnes v. Fleet National Bank, N.A.
- Other Consumer Protection Issues
370 F.3d 164 (1st Cir. 2004): Court held that defendant failed to properly notify class
of changes in account terms.
-
Boyd v. Wexler
- Fair Debt Collections Practices Act
275 F.3d 642 (7th Cir. 2001): Court found that number of “attorney letters”
sent was such as to give rise to inference that no attorney had anything
to do with them.
-
Crawford v. Equifax Payment Services, Inc.
- Fair Debt Collections Practices Act
201 F.3d 877 (7th Cir. 2000), and
Blair v. Equifax Check Services, Inc., 181 F.3d 832 (7th Cir. 1999): Sustained our client’s objections
to proposed settlement of class action under Fair Debt Collection Practices
Act in which class members would not receive any monetary benefit.
-
Davis v. Cash for Payday, Inc.
- Lending & Servicing Practices
193 F.R.D. 518 (N.D.Ill. 2000): Check obtained by lender in connection
with payday loan creates security interest which must be disclosed as
such under the Truth in Lending Act.
-
Dickson v. West Koke Mill Vill. P'Ship
- Landlord-Tenant
329 Ill. App. 3d 341; 769 N.E.2d 971 (4th Dist. 2002): Another case under the Illinois Security Deposit Interest
Act; landlord cannot disregard law, wait until it is sued, and then tender
interest without statutory penalty for nonpayment.
-
Elder v. Coronet Ins. Co.
- Other Consumer Protection Issues
201 Ill.App.3d 733, 558 N.E.2d 1312 (1st Dist. 1990): Held that an insurance
company could not require insureds making claims to submit to polygraph tests.
-
Eul v. Transworld Systems
- Defense of Debt Collection Suits
15cv7755, 2017 WL 1178537 (N.D.Ill., March 30, 2017): Addresses numerous
issues relating to the collection of private student loans.
-
Fields v. Wilber Law Firm, P.C.
- Fair Debt Collections Practices Act
383 F.3d 562 (7th Cir. 2004): Fair Debt Collection Practices Act case; holds that when attorney’s
fees, collection fees and similar charges are added to a debt, they must
be separately identified.
-
Fridman v. NYCB Mortgage Co.
- Lending & Servicing Practices
780 F.3d 773 (7
th
Cir. 2015): Addresses Truth in Lending Act requirement that mortgage company
credit payments as of the date of receipt.
-
Gibson v. Bob Watson Chevrolet-Geo, Inc.
- Lending & Servicing Practices
112 F.3d 283 (7th Cir. 1997);
Taylor v. Quality Hyundai, Inc., 150 F.3d 689 (7th Cir. 1998); and
Grimaldi v. Webb, 282 Ill.App.3d 174, 668 N.E.2d 39 (1st Dist. 1996): Car dealer cannot
represent that full price charged for extended warranty is paid to the
warranty company when dealer retains a portion of it.
Grimaldi also holds that it is a consumer fraud violation for a seller to engage
in a policy and practice of having buyers sign binding purchase orders
before financing terms were disclosed.
-
Hamm v. Ameriquest Mortg. Co.
- Lending & Servicing Practices
506 F.3d 525 (7
th
Cir. 2007): Court allowed rescission of residential mortgage for failure
to properly disclose payment schedule.
-
Handy v. Anchor Mortgage Corp.
- Lending & Servicing Practices
464 F.3d 760 (7th Cir. 2006): Homeowner permitted to rescind residential mortgage because
of inconsistencies in notices of right to cancel.
-
Hart v. FCI Lender Services, Inc.
- Fair Debt Collections Practices Act
797 F.3d 219 (2d Cir. 2015): Addresses what constitutes “initial
communication” under Fair Debt Collection Practices Act in context
of various mortgage-related communications.
-
Herkert v. MRC Receivables Corp.
- Statute of Limitations (Various Consumer Debts)
655 F. Supp. 2d 870 (N.D.Ill. 2008): Court held that statute of limitations
applicable to general purpose bank credit card debts in Illinois is five
years, and it is a violation of the Fair Debt Collection Practices Act
to file collection lawsuits after the five year statute of limitations.
-
Jackson v. Payday Financial, LLC
- Usury, Predatory Lending
764 F.3d 765 (7th Cir. 2014): Arbitration agreement specifying that any disputes arising
from high interest payday loan agreements must be resolved in arbitration
by the Cheyenne River Sioux Tribal Nation was illusory and unenforceable.
-
Janetos v. Fulton, Friedman & Gullace, LLP
- Fair Debt Collections Practices Act
825 F.3d 317 (7th Cir. 2016): Addresses Fair Debt Collection Practices Act requirement that
current owner of debt be disclosed; holds that debt buyer is liable for
acts of collection attorney or agent it hires.
-
Jenkins v. Heintz
- Fair Debt Collections Practices Act
25 F.3d 536 (7th Cir. 1994), aff'd 514 U.S. 291 (1995): Established
Fair Debt Collection Practices Act coverage of attorneys; Mr. Edelman
argued it before Seventh Circuit and Supreme Court.
-
Johnson v. Thomas
- Lending & Servicing Practices
342 Ill.App.3d 382, 794 N.E.2d 919 (1st Dist. 2003): Homeowner defended mortgage foreclosure action by rescinding
mortgage financing home improvement work as a result of irregularities
in disclosure documents.
-
Jones v. Kunin
- Defense of Debt Collection Suits
99-818-GPM, 2000 WL 34402017, 2000 U.S. Dist. LEXIS 6380 (S.D.Ill., May
1, 2000): Illinois bad check statute does not apply to checks issued to
secure payment of loans.
-
Kagan v. Waldheim Cemetery Co.
- Other Consumer Protection Issues
2016 IL App (1st) 131274, 53 N.E.3d 259: Application of Cemetery Care Act, which requires
payments for perpetual care at cemeteries to be held in trust.
-
Livingston v. Fast Cash USA, Inc.
- Usury, Predatory Lending
753 N.E.2d 572 (Ind. Sup. Ct. 2001): Court outlawed “payday loans”
in Indiana. A statute was subsequently enacted allowing such loans but
at a comparatively low rate.
-
Mace v. Van Ru Credit Corp.
- Fair Debt Collections Practices Act
109 F.3d 338 (7th Cir. 1997): Nothing prohibits plaintiff in Fair Debt
Collection Practices Act lawsuit from limiting class to a single state
or similar geographic area; state law requiring notice prior to presentation
of claim does not apply to federal class action.
-
Marquez v. Weinstein, Pinson & Riley, P.S.
- Fair Debt Collections Practices Act
836 F.3d 808 (7
th
Cir. 2016): Fair Debt Collection Practices Act case involving deceptive
statements in collection complaints.
-
McDonald v. Asset Acceptance, LLC
- Fair Debt Collections Practices Act
296 F.R.D. 513 (E.D.Mich. 2013): Important case on amount of interest that
debt buyers can charge.
-
McMahon v. LVNV Funding, LLC
- Fair Debt Collections Practices Act
744 F.3d 1010 (7th Cir. 2014), later opinion, 807 F.3d 872 (7th Cir. 2015);
and Buchanan v. Northland Group, Inc., 776 F.3d 393 (6th Cir. 2015): Leading
decisions on the collection of time-barred debts via settlement offers;
courts held that such offers are misleading unless the time-barred nature
of the debt is disclosed.
-
Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, L.L.C.
- Fair Debt Collections Practices Act
214 F.3d 872 (7th Cir. 2000); and
Boucher v. Finance System of Green Bay, Inc., 880 F.3d 362 (7th Cir. 2018): Address how required disclosure of “amount of the debt”
should be made where debt is continually increasing.
-
Miller v. Midland Credit Management, Inc.
- Fair Debt Collections Practices Act
No. 08 C 780, 2009 WL 528796, 2009 U.S. Dist. LEXIS 16273 (N.D.Ill. March
2, 2009): Court held that it was a violation of the Fair Debt Collection
Practices Act to send class members a form privacy notice that stated
that the debt collector might disclose nonpublic financial information
to credit card issuers.
-
Mitchell v. LVNV Funding, LLC
- Fair Debt Collections Practices Act
2:12cv523-TLS, 2017 WL 6406594 (N.D.Ind., Dec. 15, 2017): Addresses Fair
Debt Collection Practice Act coverage of debt buyers.
-
Mussat v. Enclarity, Inc.
- Telephone Consumer Protection Act
16cv5856, 2018 WL 3738281 (N.D.Ill., August 7, 2018): Certified class in
“junk fax” case.
-
Nielsen v. Dickerson
- Fair Debt Collections Practices Act
307 F.3d 623 (7th Cir. 2002): Leading decision on phony "attorney
letters," sent without attorney involvement, in violation of the
Fair Debt Collection Practices Act.
-
Parkis v. Arrow Fin Servs.
- Statute of Limitations (Various Consumer Debts)
07 C 410, 2008 WL 94798, 2008 U.S. Dist. LEXIS 1212 (N.D.Ill. Jan. 8, 2008):
Held that statute of limitations applicable to general purpose bank credit
card debts in Illinois is five years.
-
Peter v. GC Servs. L.P.
- Fair Debt Collections Practices Act
310 F.3d 344 (5th Cir. 2002): Envelope used to send collection letter sent by private company
collecting federal student loan debts, which contained name and address
of the United States Department of Education, as well as a “penalty
for private use” message, violated Fair Debt Collection Practices
Act provisions governing use of words and symbols on debt collection envelopes
and prohibiting use of any business, company, or organization name other
than that of debt collector's business, company, or organization.
-
Phillips v. Asset Acceptance, LLC
- Statute of Limitations (Various Consumer Debts)
736 F.3d 1076 (7th Cir. 2013): Held that statute of limitations on natural gas debts in Illinois
is four years, as natural gas debts arise from the sale of goods, and
that filing suit on time-barred debts violates the Fair Debt Collection
Practices Act.
-
Portfolio Acquisitions, L.L.C. v. Feltman
- Statute of Limitations (Various Consumer Debts)
391 Ill.App.3d 642, 909 N.E.2d 876 (1st Dist. 2009): Held that statute of limitations applicable to general purpose
bank credit card debts in Illinois is five years. Mr. Edelman wrote amicus
brief in support of consumer.
-
Ramirez v. AP Account Services, LLC
- Statute of Limitations (Various Consumer Debts)
16cv2772, 2017 WL 25179 (N.D.Ill., Jan. 3, 2017): Five year statute of
limitations governs claim against consumer for checking account overdrafts.
-
Ramirez v. Palisades Collection LLC
- Statute of Limitations (Various Consumer Debts)
250 F.R.D. 366 (N.D.Ill. 2008) (class certified), later opinion, 07 C 3840,
2008 WL 2512679, 2008 U.S. Dist. LEXIS 48722 (N.D.Ill., June 23, 2008)
(summary judgment denied): Held that statute of limitations applicable
to general purpose bank credit card debts in Illinois is five years.
-
Ruth v. Triumph Partnerships
- Fair Debt Collections Practices Act
577 F.3d 790 (7th Cir. 2009): Addresses what communications are sent in connection with
the collection of a debt and are subject to the Fair Debt Collection Practices Act.
-
Siwulec v. J.M. Adjustment Servs., LLC
- Fair Debt Collections Practices Act
465 Fed. Appx. 200 (3d Cir. 2012): Company which initiated communications
between mortgage companies and borrowers was required to comply with Fair
Debt Collection Practices Act.
-
Soppet v. Enhanced Recovery Co.
- Telephone Consumer Protection Act
679 F.3d 637 (7th Cir. 2012): Important case under the Telephone Consumer Protection Act
provisions which restrict robocalls to cells phones. Court held that only
the consent of the subscriber or user of the cellular number dialed at
the time of the call can justify an automated or recorded call, so that
liability exists if the caller robodials a telephone number that has been
reassigned.
-
Suesz v. Med-1 Solutions, LLC
- Fair Debt Collections Practices Act
757 F.3d 636 (7th Cir. 2014) (en banc): Leading decision on the Fair Debt
Collection Practices Act venue requirements. Court held that in Marion
County, Indiana, small claims cases must be filed in the township where
the consumer signed a contract or resided when the lawsuit was filed.
Similarly, in Cook County, Illinois, cases within the jurisdiction of
the Municipal Department must be filed in the Municipal District where
the consumer signed a contract or resided when the lawsuit was filed.
-
Swaney v. Regions Bank
- Telephone Consumer Protection Act
2:13cv544, 2018 WL 2316452 (N.D.Ala., May 22, 2018): Court addresses what
constitutes automated telephone dialing system regulated by the Telephone
Consumer Protection Act.
-
Taylor v. Screening Reports, Inc.
- Fair Credit Reporting Act
13cv2886, 2015 WL 4052824 (N.D.Ill., July 2, 2015): Court addresses what
constitutes inaccurate information on tenant screening report, a form
of consumer report regulated by the Fair Credit Reporting Act.
-
Unifund v. Shah
- Defense of Debt Collection Suits
407 Ill.App.3d 737, 946 N.E.2d 885 (1st Dist. 2011), later opinion, 2013 IL App (1st) 113658, 993 N.E.2d 518:
Established requirements for assignments to debt buyers and debt collectors.
-
Walker v. Wallace Auto Sales, Inc.
- Lending & Servicing Practices
155 F.3d 927 (7th Cir. 1998), and
Balderos v. City Chevrolet, 214 F.3d 849 (7th Cir. 2000): Automobile purchasers stated claims under
Truth in Lending Act against car dealers where dealers increased price
of cars to pass-on charges imposed on dealer by automobile finance company
as condition of purchasing retail installment contracts from dealer.
-
Wang v. Williams
- Landlord-Tenant
343 Ill. App. 3d 495; 797 N.E.2d 179 (5th Dist. 2003): Right to return of security deposit with interest conferred
by the Illinois Security Deposit Interest Act cannot be waived through
lease provisions.
-
Wendorf v. Landers
- Lending & Servicing Practices
755 F.Supp.2d 972 (N.D.Ill. 2010): Addresses various issues relating to
gym membership contracts and use of electronic funds transfers to obtain
payments under such contracts.
-
West Loop Chiropractic & Sports Injury Center, Ltd. v. North American Bancard, LLC
- Telephone Consumer Protection Act
16cv5856, 2018 WL 3738281 (N.D.Ill., August 7, 2018): Certified class in
“junk fax” case.
-
Williams v. Chartwell Financial Services, Ltd.
- Lending & Servicing Practices
204 F.3d 748 (7th Cir. 2000): Truth in Lending Act case; lender understated
interest rates by requiring loan proceeds to be deposited as “collateral,”
reducing amount of money consumer had use of.