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Mr. Gottlieb leads the Financial Institutions group (with overall oversight of the firm's various financial institution practice areas), chair of the firm's national Consumer Financial Services practice, and a member of the Chicago office management committee. Richard represents primarily financial services entities, including both prime and subprime lenders, in the defense of both individual and putative class action suits alleging false or deceptive practices and statutory consumer lending violations.
Richard is a frequent lecturer on consumer financial services, sub prime lending, class action and trial practice matters, and is an active member of various bar and trade associations. A recognized leader in the field, he is the youngest lawyer ever elected by his peers as a Fellow of the American College of Consumer Financial Services Lawyers.
Experience
Mr. Gottlieb’s current and recent representations include the following:
Representation of mortgage lenders in defense of putative class actions alleging race discrimination in the extension of credit under the Fair Housing Act (FHA), Equal Credit Opportunity Act (ECOA), and other discrimination statutes.
Defense of public nuisance action brought by the City of Cleveland against mortgage lenders based on claim that heavier foreclosure activity decreased tax revenues and increased the cost of monitoring, maintaining and demolishing foreclosed properties.
Defense of banks, mortgage companies, insurance companies and retailers in Fair Credit Reporting Act (FCRA) putative class actions arising out of prescreened offers of credit.
Represent major insurance carrier in defense of putative nationwide class action alleging deceptive practices in connection with so-called "Silent PPO's."
Defense of national banks and finance companies in putative class actions alleging improper assessment of discharge recordation fees.
Defense of individual and class actions alleging violations by lenders of federal Truth in Lending Act (TILA), Home Owners Equity Protection Act (HOEPA) and related statutes and regulations.
Defense of putative class actions against collection agencies and debt purchasers alleging violations of Fair Debt Collection Practices Act (FDCPA).
Representation of credit card provider in suit seeking recovery of fees reimbursed to cardholders due to negligent mailing of incorrect terms and conditions by mail fulfillment vendor.
Prosecution and defense of numerous commercial, consumer and insurance arbitrations and mediations.
Representation of insurance companies that are subject to market conduct examinations, including negotiation of remediation plans and consent orders.
Representation of automotive financial services clients in proceedings against dealers and guarantors.
Representation of credit card provider in suit seeking recovery of fees reimbursed to cardholders due to negligent mailing of incorrect terms and conditions by mail fulfillment vendor.
Significant Decisions
Guise v. BWM Mortgage LLC, 377 F.3d 795 (7th Cir. 2004), aff’g 2003 U.S. Dist. Lexis 14914 (N.D. Ill. Aug. 25, 2003), concluding that solely the unreasonable portion of any excessive charge may be attributed to finance charge in determining tolerances under TILA. (Mr. Gottlieb argued on behalf of all appellees.)
Wahl v. Midland Credit Mgmt., 2008 U.S. Dist. LEXIS 2563 (N.D. Ill. Jan. 10, 2008), granting summary judgment to debt purchaser in Fair Debt Collection Practices Act putative class action based on theory that debt purchaser misled consumer with respect to amount of principal balance.
FM Industries, Inc. v. Citicorp Credit Services Inc. (USA), 2007 U.S. Dist. LEXIS 90129 (N.D. Ill. Dec. 5, 2007) , relying on Bell Atlantic v. Twombly, 127 S. Ct. 1255 (2007), to dismiss copyright infringement and fraud claims against bank subsidiaries and their employees.
Murray v. Indymac Bank, F.S.B., No. 04-C-7669, 2007 U.S. Dist. LEXIS 67702 (N.D. Ill. Sept. 13, 2007), granting summary judgment to bank in "firm offer of credit" class action, based on conclusion, as matter of law, that plaintiff failed to prove willful violation of Fair Credit Reporting Act.
King v. Commerce Bancshares, Inc., No. 06-C-4117, 2007 WL 781732 (N.D. Ill. Mar. 12, 2007), granting judgment on the pleadings to credit card provider in FCRA "firm offer" suit where mailer omitted reference to specific amount of credit being extended.
Forrest v. Secured Funding Corp., No. 05-C-1324, 2007 U.S. Dist. LEXIS 1757 (E.D. Wis. Jan. 8, 2007), granting summary judgment to lender based on showing that Experian database was not a "consumer report" within meaning of FCRA.
Bruce v. KeyBank N.A., No. 2:05-CV-330, 2006 U.S. Dist. LEXIS 91371 (N.D. Ind. Dec. 15, 2006), granting summary judgment to lender in FCRA prescreened offer litigation based on failure to demonstrate willfulness.
Spencer v. Mortgage Acceptance Corp., 2006 WL 1302413 (N.D. Ill. May 4, 2006), granting motion to dismiss federal claims under Rooker-Feldman doctrine, and awarding sanctions against plaintiff's counsel "to deter future conduct...detrimental to the administration of justice."
Berke v. KeyBank N.A., No. 1-05-1204 (Ill. App. 1st Dept. May 26, 2006), applying Illinois "voluntary payment doctrine" and affirming grant of summary judgment in putative class action based on "excess wear and tear" violations under automotive lease.
Bruce v. KeyBank N.A., 2006 U.S. Dist. Lexis 30267 (N.D. Ill. May 15, 2006), dismissing FCRA "clear and conspicuous" disclosure claims for lack of private action.
Deimund v. Homecomings Financial Network, Inc., 2006 U.S. Dist. Lexis 29073, 2006 WL 1375225 (S.D. Ill. May 12, 2006), applying Rooker-Feldman doctrine to dismiss claims arising out of state court foreclosure action.
Bonner v. H&R Block Mortgage Corp., 2006 U.S. Dist. Lexis 24013 (N.D. Ind. Mar. 23, 2006), dismissing FCRA putative class action to the extent based on alleged violations of 15 U.S.C. 1681m.
McCane v. America's Credit Jewelers, Inc., 2005 U.S. Dist. Lexis 30961, 2005 WL 3299371 (N.D. Ill. Dec. 1, 2005), concluding that there is no private right of action under Section 1681m of the Fair Credit Reporting Act.
Scott v. IndyMac Bank, FSB, 2005 WL 730961 (N.D. Ill. Mar. 28, 2005), denying reconsideration of 2004 U.S. Dist. Lexis 1309 (N.D. Ill. Feb. 3, 2004), adopting novel theory on finance charge disclosures under TILA that allows retroactive set off of overstated component charges. Based on this theory (proposed in our briefs), court dismissed federal savings bank from putative class action suit alleging TILA violations based on understated finance charges because such disclosures were still within rescission tolerances when offsets were included.
Electric Insurance Company, et al. v. National Union Fire Insurance Company of Pittsburgh, 346 F.Supp. 2d 958 (N.D. Ill. 2004), granting summary judgment to plaintiffs in breach of contract and equitable contribution action.
Wade v. New Century Mortgage Corp., 2004 U.S. Dist. Lexis 19713 (N.D. Ill. Sept. 30, 2004), dismissing putative TILA class action based on excess title insurance fees
Schmit v. Trans Union LLC, 2004 WL 785098 (N.D. Ill. Apr. 12, 2004), granting summary judgment to bank defendant with respect to Fair Credit Reporting Act claims.
Marquez v. New Century Mortgage Corp, 2004 U.S. Dist. Lexis 5725 (N.D. Ill. April 2, 2004), motion for reconsideration denied, 2004 U.S. Dist. Lexis 14410 (N.D. Ill. July 27, 2004), dismissing putative TILA class action based on allegedly understated finance charges.
Walker v. Gateway Financial Corp., 286 F.Supp. 2d 965 (N.D. Ill. 2003), representing assignees and mortgage servicer, obtained dismissal from putative class action suit alleging TILA claims based on inflated title insurance premiums.
Spizzirri v. Mortgage Electronic Registration Systems, Inc., 2003 U.S. Dist. LEXIS 11804 (N.D. Ill. July 10, 2003), applying Colorado River abstention doctrine to stay parallel federal court consumer lending suit based on violations of Illinois Interest Act.
Watson v. CBSK Financial Group, Inc., 2002 U.S. Dist. Lexis 6872 (N.D. Ill. Apr. 18, 2002), dismissing all class action RESPA and state law claims based on receipt by broker of excess yield spread premium.
Seminars and Speeches
Mr. Gottlieb is a frequent speaker on trial practice, consumer financial services including prime and sub prime lending and insurance matters.
Faculty, Practising Law Institute (PLI), "Consumer Financial Services Litigation Institute" (2006 and 2007)
Faculty, American Conference Institute (ACI) (2005, 2007 and 2008)
Speaker, Conference on Consumer Finance Law, "Credit Law Institute" (2003-present)
Speaker, Mortgage Bankers Association, "Legal Issues and Regulatory Compliance Conference" (2006, 2007)
Publications
1590 PLI/Corp 217 (2007), "Recent 'Unfair and Deceptive Acts and Practices' Litigation Developments in the Midwest," Richard E. Gottlieb, Laura C. Baucus and Stephen W. King (Practising Law Institute)
60 Consumer Finance Law Quarterly 596 (Winter 2006), "Firm Offers of Credit: Recent Developments"
Origination News, Vol. 15, No. 9 (June 2006), "Learning About HMDA"
The Review of Banking & Financial Services, May 2006, "Firm Offer of Credit Litigation Under the Fair Credit Reporting Act," Standard & Poors (co-authored with Naomi Carry)
1533 PLI/Corp 241 (2006), "Recent Developments in Fair Credit Reporting Act Litigation: 'Prescreened' Offer of Credit and Insurance," Richard E. Gottlieb & Naomi A. Carry
59 Consumer Finance Law Quarterly 180, "Under Attack: The Seventh Circuit Weighs In On Prescreened Offers of Credit," (Spring 2005) (co-authored with Naomi Carry)
58 Consumer Finance Law Quarterly 250, "Proposed Illinois Motor Vehicle 'Truth in Financing' Legislation," (Winter 2004) (co-authored with Ralph Wutscher)
4/2005 Chicago Lawyer, "New Class Action Law Contains Pitfalls for Defendants," (co-authored with Andrew McGuinness)
58 Consumer Finance Law Quarterly 117, "The Illinois High Risk Home Loan Act: Yet Another Jurisdiction Tackles Predatory Lending," (Fall 2004) (co-authored with Ralph Wutscher)
State Law Editor (Michigan), HouseLaw (Consumer Credit Compliance Company)
Professional Associations
Conference on Consumer Finance Law
American Bar Association (Member: Business Law Section, Committee on Consumer Financial Services)
Illinois Mortgage Bankers Association (Member, Board of Directors and Executive Committee; Chairman, Legislative Committee)
Illinois Bankers Association
Civic and Cultural Involvements
Board of Directors, Congregation Sukkat Shalom (Wilmette, Illinois).
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