Horwitz Law Firm, PLLC defends clients in lawsuits (individual and class actions) filed under numerous federal and state laws that govern the credit and collection industry. It also and provides clients with related compliance advice. In addition to handling cases throughout Michigan, Mr. Horwitz has also represented clients in class action or individual cases in various jurisdictions, including Illinois, California, Ohio, Wisconsin, New York, New Jersey, Pennsylvania, Florida, Georgia, Texas, Arizona, and Colorado.
Fair Debt Collection Practices Act
The Firm has extensive experience defending creditors, debt buyers, law firms and collection agencies against claims brought under the FDCPA, and other state statutes governing debt collection.
Having managed and then defended a publicly traded debt against FDCPA litigation for more than 10 years, Mr. Horwitz has been addressing nuanced FDCPA compliance and litigation issues since 2007. A substantial portion of the Firm’s practice is dedicated to defending creditor and collector clients against lawsuits brought under these statutes and advising clients on related compliance issues.
Telephone Consumer Protection Act
Mr. Horwitz has been counseling clients on TCPA issues since 2007, well before most attorneys even knew the TCPA existed. The Firm represents clients in all industries (e.g., retail, banks, mortgage servicing, health care companies) against TCPA claims. Mr. Horwitz has obtained numerous dismissals of cases filed as class actions. His TCPA practice, includes litigation, compliance and regulatory advice, and drafting and revising policies and procedures. Mr. Horwitz has presented on TCPA issues throughout his career.
Fair Credit Reporting Act
The Firm has extensive experience defending clients against individual and class action claims arising under the FCRA. Mr. Horwitz has represented clients in connection with “reasonable investigation” and "permissible purpose" claims under FCRA. Based on Mr. Horwitz’s in-house experience with a furnisher, he has in-depth knowledge of the CDIA’s Metro II Credit Reporting Guidelines, has been a frequent presenter and thought-leader on credit reporting issues and has counseled clients on a wide-range of nuanced compliance, regulatory and litigation issued under the statute.
Class Action Defense
Mr. Horwitz has deep experience defending companies facing class litigation across the United States. His experience spans across many industries and causes of action, including the FDCPA, TCPA and the FCRA.
Mr. Horwitz has significant experience litigating insurance issues and counseling clients on coverage issues. Mr. Horwitz has successfully reversed an insurer’s denial of a coverage claim for a TCPA putative class action.
Commercial Lease Disputes
Mr. Horwitz has vast experience representing landlords and tenants in connection with disputes over commercial leases. His experience includes trials and summary disposition/judgment proceedings. He has handled numerous cases involving common area maintenance (CAM) charges and excessive electrical/utility charges.
Contract Drafting & Negotiation
Mr. Horwitz has extensive experience drafting and negotiating certain commercial contracts, including Services Agreements and Business Associate Agreements.
Mr. Horwitz has significant experience litigating cases before federal and state appellate courts. Besides being licensed in Michigan, he is admitted to practice in the United States Courts of Appeal for the 6th, 7th and 10th Circuit.