Simon A. Fleischmann

Simon Fleischmann is Deputy Chair of the Financial Services Litigation Practice Group. He concentrates his practice on risk management, government enforcement, and complex civil litigation in the banking and consumer financial services industries.

Simon advises banks and non-bank financial services providers in complex litigation and regulatory enforcement matters nationwide. He has tried jury and non-jury cases, argued in federal and state courts of appeal, and effectively responded to investigations by the Consumer Financial Protection Bureau and the Illinois attorney general. Most of the matters Simon handles involve consumer-related operations, such as payment application procedures, website accessibility, online payment fees, collateral preservation procedures, default servicing procedures, outbound calling practices and related technology, loan boarding and issues arising from the transfer of loans or servicing rights, implementing approved bankruptcy plans and discharge orders, credit reporting, correspondence with account holders and other risk-sensitive operations. He also assists commercial lenders in workout litigation and matters concerning lender liability and duties under U.C.C. Article 9. Simon also advises marijuana-related businesses and financial services providers on a range of issues concerning the rapidly evolving cannabis industry. Simon is a member of the Governing Committee for the Conference on Consumer Finance Law (CCFL), former Chair of the Consumer Credit Committee of the Chicago Bar Association and frequently speaks at financial services industry conferences.

Simon's experience includes:

• Defending distributor in commercial litigation with supplier over application of force majeure to recent supply chain issues
• Representing manufacturer in dispute with supplier over rebate terms and payment
• Defending mortgage loan servicer in bankruptcy class action regarding the assessment of post-petition fees
• Representing defendant in qui tam action asserting tax fraud scheme under the Illinois False Claims Act (IFCA)
• Defending against class claims under the Racketeer Influenced and Corrupt Organizations Act (RICO) and Real Estate Settlement Procedures Act (RESPA) regarding Chapter 13 bankruptcy matters
• Counseling state bank on cannabis-related risk management
• Representing clients across a broad range of industries in class actions regarding website accessibility under the Americans with Disabilities Act of 1990 (ADA) and related state laws
• Defending financial services company in qui tam action under the federal False Claims Act (FCA) and Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) regarding loan default and modification practices
• Defending several loan servicers in cases asserting claims under state Unfair or Deceptive Acts or Practices laws (UDAP) as well as claims of Unfair, Deceptive, or Abusive Acts or Practices (UDAAP)
• Representing several social networking, energy and finance companies in class actions under the Telephone Consumer Protection Act of 1991 (TCPA)
• Avoided any enforcement action by the Consumer Financial Protection Bureau (CFPB) following a Civil Investigative Demand (CID) issued to a financial services client
• Defended several spirits industry clients in class actions alleging deceptive labeling and marketing practices
• Advised a private equity fund in assessing the risks presented by the CFPB regulation of consumer-facing businesses
• Represented a mortgage industry client in responding to a CID from the Illinois attorney general
• Represented a major mortgage servicer in multidistrict litigation (MDL) matter involving claims of predatory lending practices against a defunct loan originator
• Advising settlement service providers as to RESPA Section 8 risks associated with joint marketing ventures
• Defended against class claims attacking a mortgage company's compliance with an Illinois mortgage-foreclosure reform statute
• Represented an auto lender in a national class action challenging the imposition of late fees
• Defending against class claims asserting wrongful eviction and REO procedures
• Defending mortgage loan servicer against class-action claims attacking foreclosure processes
• Handling a broad range of appeals for banks and mortgage servicers
• Represented mortgage companies in nationwide class actions relating to the suspension or reduction in Home Equity Line Of Credit (HELOC) limits
• Defended mortgage servicer in nationwide class action asserting that failure to provide adverse-action notices when denying loan modification requests violates Equal Credit Opportunity Act (ECOA)
• Representation of title insurer in multiple state class actions alleging antitrust and RESPA violations in connection with title insurance practices
• Defending of several mortgage servicers against allegations of unfair and deceptive loan-modification practices
• Represented mortgage lenders and servicers in nationwide class actions asserting disclosure violations under the Truth In Lending Act (TILA)
• Representation of mortgage originators in connection with claims of negligent and discriminatory lending practices
• Representation of a mortgage-insurance company in subprime RMBS investor litigation
• Representation of mortgage servicer in class action regarding the assessment of prepayment penalties
• Representation of mortgage servicers in connection with claims under RESPA and Regulation X dealing with qualified written requests (QWR), requests for information (RFI), notices of error (NOE)
• Defended mortgage lender in nationwide class action involving disputes over yield-spread premiums (YSP) under RESPA and allegations that charging a document-preparation fee constitutes the unauthorized practice of law