Andrew Cunningham
Andrew Cunningham practices in the firm's Chicago office in the Consumer Defense and Commercial Litigation Groups.
Licensed in Illinois and Delaware and many federal district courts, Andrew has successfully defended financial institutions and collection agencies in single-plaintiff and class action lawsuits and arbitrations brought throughout the country. His practice primarily focuses on claims filed under various federal and state consumer protection statutes, including the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the Telephone Consumer Protection Act.
Andrew's experience defending corporate client interests began in Wilmington, Delaware as an attorney with one of the country's oldest law firms, where he represented corporations and their directors and officers in litigation before the Delaware Court of Chancery.
Notable Cases/Work
- Richardson v. Diversified Consultants, Inc., 2019 WL 3216030 (N.D. Ill. July 17, 2019) - Summary judgment awarded to client in FDCPA claim challenging Verizon Wireless contractual collection fee.
- Tena v. Transworld Systems Inc., 2018 WL 6621414 (N.D. Ill. Dec. 18, 2018) - Motion to dismiss granted on FDCPA claim alleging collection letter did not effectively state balance of student loan debt.
- National Collegiate Student Loan Trust, 2006-4 v. Vance, 112 N.E.3d 236 (Ind. Ct. App. 2018) - Reversing lower court judgment and awarding client summary judgment with finding that student loan was not discharged in bankruptcy.
- Smith v. National Collegiate Student Loan Trust 2005-1, __ N.E.3d__, 2020 WL 3445834 (Ind. Ct. App. 2020) - Affirming judgment for client with an important holding for successor creditors that rely on a prior owner's business records to surpass the rule against hearsay.
- In re Tague, No. 12-22297 (Bankr. N.D. Ill.) (Dkt. 35) - Obtained order that denied debtor's retroactive attempt to seek sanctions for alleged automatic stay violation.
- Obtained multiple dismissals for large credit card issuer in TCPA arbitrations brought nationwide on grounds that consent to be called was contractual term that could not be unilaterally revoked.
Affiliations
- Chicago Bar Association
- Delaware Bar Association
- Vanderbilt Alumni Association
- Vanderbilt Law School, Alumni Interview Program
Contact Information
Chicago Office
141 W. Jackson Blvd
Suite 3550
Chicago, Illinois 60604
Direct: (312) 578-0992
Cell: (302) 598-3624
Office: (312) 578-0990
Fax: (877) 334-0661
Email: acunningham@sessions.legal
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