ROBERT (“Rob”) HORWITZ, shareholder, is a member of the Financial Services and Real Property Litigation group.
Rob’s unique and diverse background in several legal disciplines makes him particularly well-suited to address the multitude of challenges faced by his clients. A seasoned commercial litigator, experienced regulatory compliance attorney, former in-house counsel, and business-savvy counselor, he has become a trusted and valued advisor to his clients by intuitively understanding what they need, expect, and deserve from their lawyer.
For over three decades, Rob has delivered clear, actionable guidance, creative solutions, and effective representation built on a foundation of trust, exceptional client service, and consistent and timely communication. Whether developing robust regulatory compliance programs, drafting and reviewing commercial and vendor contracts, or forcefully advocating for his clients in the courtroom, Rob brings the same personal commitment and professional insight to every matter he handles.
For clients in the financial services sector, Rob provides an extraordinary wealth of industry experience and insights that can help them avoid costly and disruptive compliance issues. If problems arise, Rob works closely with his clients to assess the situation’s “root causes” to develop and recommend practical, efficient, and cost-effective solutions to minimize the risk of future incidents.
Rob’s financial industry background spans 27 years, including 19 years at a national Am Law 200 law firm where he handled Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), and Telephone Consumer Protection Act (TCPA) issues, including opposing individual cases and class actions on a national basis. Rob has also counseled clients on Consumer Financial Protection Bureau issues, including supervisory examinations and compliance management systems. While working as in-house counsel at a publicly-traded company in the financial industry, Rob managed an FTC investigation and established industry-leading debt collection and credit reporting compliance practices. He later served as general counsel and chief compliance officer of a technology vendor focused on the financial services sector.
Recognized as a thought leader on financial services litigation and compliance matters, Rob is a sought-after and frequent speaker on FDCPA, FCRA, and TCPA issues. His vast and unique experience in these areas and attention to detail allow him to assess clients’ compliance with those statutes, recommend practical solutions and appropriate policies and procedures, and draft and review service agreements.
Rob is also an accomplished business litigator who has tried cases, handled arbitrations, and opposed class actions across various industries, including ARM, banking, debt-buying, insurance, retail, and commercial leasing. He also has significant experience drafting and reviewing commercial vendor contracts, including master service agreements, statements of work, and confidentiality agreements.
A graduate of the University of Michigan, Rob earned his law degree from Wayne State University Law School. When not serving his clients, he enjoys spending time with family and friends or on the tennis court.
- Obtained summary judgment in a class action under the Telephone Consumer Protection Act in which the Court held that the defendant did not use an automatic telephone dialing system. Glassbrook v. Rose Acceptance, Inc., 13-10152, 2015 U.S. Dist. LEXIS 133949 (E.D. Mich. 2015).
- Obtained reversal of an insurance carrier’s decision to deny coverage in a TCPA class action.
- Obtained dismissal of a FDCPA case challenging credit reporting disclosures. Corcia v. Asset Acceptance, LLC, No.13-CV-6404, 2014 U.S. Dist. LEXIS 99862 (E.D.N.Y. 2014).
- Defeated motion for class certification in a FDCPA case concerning misleading caller identification. Bright v. Asset Acceptance, LLC, 292 F.R.D. 190 (D. N.J. 2013).
- Obtained summary judgment in a FDCPA case involving call harassment. Miller v. Asset Acceptance, LLC, 2013 WL 2295437 (E.D. Mich. 2013).
- Defended mortgage company in case involving claims under the Truth in Lending Act and the Bankruptcy Code. Obtained dismissal of case in Federal District Court, which was affirmed by the Sixth Circuit. Worthy v. World Wide Financial Services, Inc. et al., 347 F.Supp2d. 502 (E.D. Mich. 2004); affirmed, 2006 WL 2188931.
- Acted as national counsel for insurance company on accidental death benefit and disability claims. Obtained summary judgment on numerous claims that were affirmed on appeal, including accidental death claims arising out of incidents on airplanes. Gerhardstein v. AMEX Assurance Company, 198 F.3d 257, 199 WL 983092 (10th 1999).
- Obtained judgment in excess of $7 million (and collected in excess of $5 million) on behalf of a bank in a breach of contract action against a well-known and successful fast food franchisee.
- Assisted in obtaining defense judgment for major motion picture studio in contract dispute arising out of the production of the movie “8 Mile,” which was filmed in Detroit.
- Represented defendants in discovery fraud lawsuits seeking to vacate or increase judgments.
- Handled attorney-client and work-product privilege issues associated with the crime-fraud exception to the attorney-client privilege and participated in evidentiary hearing to assess whether the exception applied.