ROBERT (“Rob”) HORWITZ, shareholder, is an experienced business litigator and regulatory compliance attorney in the Financial Services and Real Property Litigation group.
Rob is an accomplished litigator and regulatory compliance attorney with extensive financial services related knowledge, including consumer credit and accounts receivable management (ARM). Rob’s litigation experience includes trying cases, handling arbitrations, and opposing class actions across a variety of industries, including the ARM, banking, debt-buying, insurance, retail, and commercial leasing.
Rob is a recognized “thought leader” on the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), and the Telephone Consumer Protection Act (TCPA). He has been asked to speak at numerous trade associate conferences, seminars, and webinars, and has litigated and counseled clients on all aspects of those statutes since 2007, including addressing numerous emerging and cutting-edge issues. Rob’s 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’s experience spans 27 years, including 19 years at a national/Am Law 200 law firm, where he handled FDCPA/FCRA/TCPA issues and counseled clients on CFPB (Consumer Financial Protection Bureau) issues, including supervisory examinations and compliance management systems. He also worked as in-house counsel at a publicly-traded company in the financial industry, where he managed an FTC investigation and established industry-leading debt collection and credit reporting compliance practices, and later served as General Counsel and Chief Compliance Officer of a technology vendor focused on the financial services sector.
Rob combines his unique work experience with his regulatory and litigation background to help financial services clients assess actual “root causes” and recommend practical, efficient, and cost-effective solutions.
- 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.