James K. Schultz
Jim's primary role is to co-manage the firm's consumer defense practice group, defending creditors, debt buyers and debt collectors in cases brought under various federal and state consumer protection laws, such as the Fair Debt Collection Practices Act, the Fair Credit Reporting Act and the Telephone Consumer Protection Act.
As part of the firm's national reach, Jim is admitted to state and federal courts across the country, working to create consistent and uniform application of the ever-evolving consumer protection statutes so that his clients know the rules. Jim also works with these clients to stay current on regulatory and litigation trends to stay on the leading edge of compliance.
- Arwa Chiropratic v. Dr. Steven Silverman, the 7th Circuit Court of Appeals affirmed summary judgment, agreeing that the individual corporate officer did not have any liability for faxes allegedly sent in violation of the TCPA.
- Taylor v. American Coradius International, a court in the Eastern District of New York granted defendant's motion to dismiss, agreeing that a collection letter properly identified the creditor, and that the validation notice was not overshadowed by the presence of multiple addresses.
- Mata v. National Collegiate Student Loan Trust, in an adversary case, the bankruptcy court in the Central District of California concluded that a debtor's student loans were exempt from discharge.
- Galvan v. NCO Management, a court in the Northern District of Illinois entered summary judgment for defendants, concluding that there was no private right of action for the class under Illinois' licensing statute in claims brought under the FDCPA and state law.
- Gustafson v. UAS, a court in the Central District of California entered summary judgment in defendant's favor in an FDCPA and FCRA case, agreeing that the credit reporting was accurate and the investigation into plaintiff's dispute was reasonable.
Publications and Lectures
- Jim regularly presents at conventions and webinars to trade groups, clients and insurance companies to assist in identifying compliance best practices to reduce new cases, and mitigate the risks when cases are filed.
San Diego Office
1545 Hotel Circle South
San Diego, California 92108
Direct: (619) 296-2018
Cell: (312) 504-3485
Office: (619) 758-1891
Fax: (877) 334-0661