Daniel Schlanger holds the following bar admissions:
- New York
- New Jersey
- United States District Court for the District of New Jersey
- United States District Court, Southern District of New York
- United States District Court, Eastern District of New York
- United States District Court, Northern District of New York
- United States Court of Appeals, Second Circuit
- United States Supreme Court
Dan is currently a member of:
- The National Association of Consumer Advocates (NACA)
- The American Bar Association (ABA)
He has served on a range of bar and other law-related committees, including:
- Serving as co-chair of the Westchester Bar Association’s Pro Bono Committee
- Co-founding and serving as co-chair of the Westchester Civil Legal Advice and Resource Office (which runs weekly pro bono clinics for consumers sued in Westchester County Courts)
- Serving as a member of the NYCBA’s professional responsibility, civil court, and consumer protection committees
He has also served on various NACA committees, and currently sits on that organization’s issues/amicus committee.
Daniel Schlanger has provided legal analysis about consumer protection for many groups including:
- Quoted in “Debt collector allegedly bilked students, borrowers across NY. What You Need To Know.” July, 2019
- Presented National Association of Consumer Advocates, FDCPA Conference: Fair Debt Collection Practices Act Cases Regarding Interest Charges. March, 2017. (NACA Webinar on same topic, August 2017)
- Presented Lawline CLE webinar “Using the Truth in Lending Act to Challenge Predatory Auto Lending.” February, 2017
- Presented Lawline CLE webinar “The Fair Debt Collection Practices Act: Bringing Suit Based on State Government Litigation and Judgement Enforcement Misconduct.” July, 2016
- Presented National Consumer Law Conference, FDCPA Litigator’s Session, “Recent Developments Regarding Usury and National Bank Act Preemption.” October, 2015
- Presented National Association of Consumer Advocates webinar, “The Holder Rule and Beyond: Finance Company Liability in Auto Fraud Litigation.” September, 2015
- Quoted in “Lawsuit revived against big debt collection firm in New York”, Reuters, May 22, 2015.
- Presented, National Association of Consumer Advocates webinar, “Collection Defense for The Private Practitioner.” June, 2012
- Quoted in “A Warranty She Didn’t Want”, New York Times, May 7, 2011
- Quoted in “Payback: Lawyers on Both Sides of Collection are Feeling Debt’s Sting”, American Bar Association Journal, December 1, 2010;
- Quoted in “Old Debts That Won’t Die”, New York Times, July 30, 2010
- Author: “Assisting the Consumer Debtor (three article series), One on One (New York State Bar Association’s General Practice Quarterly Bulletin), 2010-2011
Daniel Schlanger has earned the reputation as one of the nation’s leading class action attorneys. Some of his more notable cases include:
- Pending class action against high volume debt collector regarding alleged misstatements in thousands of state court pleadings filed on behalf of National Collegiate Student Loan Trust. See Winslow v. Forster & Garbus, LLP, No. CV 15-2996 (AYS), 2017 WL 6375744, at *1 (E.D.N.Y. Dec. 13, 2017); Class certified and Defendant’s motion for Summary Judgment denied in its entirety. Winslow v. Forster & Garbus, LLP, et al., 15-CV-02996 (E.D.N.Y)
- Reversal of district court’s denial of class certification and holding that National Bank Act Preemption of state usury laws did not extend to non-bank taking assignment of loans from a national bank. In re Midland Funding Interest Rate Litigation, 11-CV-814 (S.D.N.Y.) (class action). See, 2015 U.S. App. 8483, 786 F.3d 246 (2d Cir. 2015) rehearing denied 8/15/2015
- A multi-district product liability class action regarding allegedly defective plastic cooling tubes in certain Porsche vehicles (member, executive committee). In re Porsche Cars North America, Inc., Plastic Coolant Tubes Products Liability Litigation, 11-MD-2233 (N.D. Ohio) See, 880 F. Supp. 2d 801 (S.D. Ohio 2012); 2014 U.S. Dist. LEXIS 88693 (S.D. Ohio June 30, 2014), aff’d summary order (6th Cir. 14-3421, 7/13/15)
- An FDCPA class action regarding alleged filing of fraudulent affidavits in tens of thousands of state court collection cases. Coble, et al. v. Cohen & Slamowitz, et al., 11-CV-01037 (S.D.N.Y.) See, 824 F. Supp. 2d 568 (S.D.N.Y. Oct. 11, 2011) (denying defendants’ motion to dismiss)Approved FDCPA class action regarding allegedly false and misleading collection letters sent to judgment debtors. Defendant denied all allegations. The case was settled and approved by the District Court prior to any findings of fact with regard to Plaintiff’s allegations. Moy v. Eltman, Eltman & Cooper, P.C., 12-CV-02382 (E.D.N.Y.)
- Approved FDCPA class action regarding allegedly false and misleading collection letters sent to judgment debtors. Defendant denied all allegations. The case was settled and approved by the District Court prior to any findings of fact with regard to Plaintiff’s allegations. Moy v. Eltman, Eltman & Cooper, P.C., 12-CV-02382 (E.D.N.Y.)
- Approved FDCPA class action against high volume debt collection law firm involving alleged misstatements regarding debt collectors’ standing to sue, and alleged failure to meaningfully review state court collection pleadings. De La Paz v. Rubin & Rothman, LLC, et al., 11-CV-9625 (S.D.N.Y.)
- Approved FDCPA class action regarding alleged filing of consumer collection actions against upstate New Yorkers in improper venues and related alleged misstatements in boilerplate summonses. Klippel v. Portfolio Recovery Associates, LLC, et al., 15-cv-1061 (N.D.N.Y.)
Daniel Schlanger has extensive consumer protection experience including these important cases:
- Denial of dismissal of FDCPA and Judiciary Law claims based on debt collection attorneys’ alleged failure to file state court complaint timely under New York’s borrowing statute, and alleged failure to meaningfully review complaint prior to filing. Diaz v. Portfolio Recovery Assoc., LLC, 10-CV-3920 (E.D.N.Y.) 2012 U.S. Dist. LEXIS 25802 (E.D.N.Y. Feb. 28, 2012), adopted by, objections overruled by, 2012 U.S. Dist. LEXIS 72724 (E.D.N.Y. May 23, 2012)
- Reversal of dismissal of complaint with regard to unlawful addition of attorney’s fees in complaint filed against rent-controlled tenant in housing court. DiMatteo v. Sweeney, Gallo, Reich & Bolz, 13-CV-8451 (S.D.N.Y.) See, 2015 U.S. App. LEXIS 12250 (2d Cir. July 16, 2015)
- Striking of defendants’ answer and sanctioning defendants in case involving allegations of medical debt collection abuse. 894 F. Supp. 2d 245 (granting in part and denying in part parties’ cross motions for summary judgment) Douyon v. NY Med. Health Care, P.C., 10-CV-3983 (E.D.N.Y). See, 2011 U.S. Dist. LEXIS 47850 (E.D.N.Y. May 4, 2011) Plaintiffs’ motion for reconsideration granted at 2013 U.S. Dist. LEXIS 138053 (E.D.N.Y. Sept. 25, 2013); 49 F. Supp. 3d 328 (E.D.N.Y. 2014) (awarding attorney’s fees)
- Dismissal of motion to enforce arbitration award on grounds that arbitral forum was institutionally biased against consumers. FIA Card Services, N.A. v. Miguel Escobar, 2010 N.Y. Misc. LEXIS 3729 (N.Y. City Civ. Ct. May 10, 2010)
- Reversal of dismissal and finding federal jurisdiction pursuant to the Magnuson Moss Warranty Act. Pyskaty v. Wide World of Cars, LLC, 856 F.3d 216 (2d Cir. 2017)
- Denial of motion to dismiss and sanctioning defendant. Shepherd v. Law Offices of Cohen & Slamowitz, LLP, 08-CV-6199 (S.D.N.Y.). See, 668 F.Supp. 2d 579 (S.D.N.Y. 2009); 2010 U.S. Dist. LEXIS 135501 (S.D.N.Y. December 21, 2010) (awarding fees)
- Granting consumer rescission of home loan pursuant to the Truth in Lending Act. United States Bank Nat’l Ass’n v. Pia, 2011 N.Y. Misc. LEXIS 4962 (N.Y. Sup. Ct. Oct. 7, 2011); affirmed 106 A.D.3d 991 (2d Dept. 2013); leave to appeal denied, 2013 LEXIS 2512 (Ct of Appeals, 9/17/13); 2014 N.Y. Misc. LEXIS 3841 (N.Y. Sup. Ct. Aug. 26, 2014) (holding bank in contempt for non-compliance with prior court orders and denying bank’s motion to quash post-judgment discovery)