Daniel A. Schlanger

Attorney Daniel Schlanger has dedicated his legal career to the protection of consumers’ rights.   

A graduate of Harvard Law School and former clerk for the Hon. R. Lanier Anderson, III of the United States Court of Appeals, 11th Circuit, Dan got his start in consumer protection at the Legal Aid Society of Cleveland, where he was a staff attorney in that organization’s consumer law unit.

In 2007, Dan went into private practice as a partner at Schlanger Law Group, LLP (then known as “Schlanger & Schlanger, LLP), where he built a practice dedicated to consumer protection litigation, class action lawsuits, and debt collection defense.

Dan has repeatedly been certified as class counsel in class actions involving consumer protection issues, including:

  • Multiple class action lawsuits against multiple high-volume debt collection law firms and debt buyers brought on grounds that boilerplate state court collection documents contained false statements;
  • Class actions alleging usury, false and deceptive debt collection letters, usury, and other violative conduct.
  • Dan was also on the Plaintiffs’ Executive Committee in litigation against Porsche regarding alleged defects in the coolant system of certain models of the Porsche Cayenne.
  • Dan was counsel to a group of consumers who brought related RICO cases against a New York used car dealer and several automobile financing companies, alleging predatory auto lending practices.

For more information, see “notable results” below.

Dan’s passion for consumer protection extends beyond the personal service he provides to victims of identity theft, overreaching debt collectors, false advertising and other unfair and deceptive business practices. He regularly speaks and presents CLE programs on topics relating to the Fair Debt Collection Practices Act (FDCPA), auto fraud, usury, collection defense, and related consumer topics.

In 2013, Dan received the New York State Bar Association President’s Award for Individual Pro Bono Work (9th Judicial District), and the Jim Gardner Business Ethics Award from the Rotary Club of White Plains. He was named to the Super Lawyers New York Metro Rising Stars list in 2013, 2014, 2015, and 2016.

Before entering Harvard Law School in 2001, Dan spent seven years working in sustainable agriculture, including five years as the owner and manager of a certified organic vegetable farm located outside of Sacramento.

Education

  • J.D., 2004, Harvard Law School, cum laude
  • 2004 Harvard Law School Dean’s Award for Community Leadership
  • B.A., 1994, Carleton College, magna cum laude

Clerkship

  • Law Clerk for the Honorable R. Lanier Anderson, III, United States Court of Appeals for the Eleventh Circuit.

Bar Admissions and Professional Associations:

Admissions

  • New York
  • 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

Professional Associations

Dan is currently a member of:

  • The National Association of Consumer Advocates (NACA)
  • The American Association for Justice (AAJ, formerly, ATLA)
  • 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 Court’s)
  • 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 and education committee.

Select Publications & Press

  • Presented Lawline CLE webinar “The Fair Debt Collection Practices Act: Bringing Suit Based on State Government Litigation and Judgement Enforcement Misconduct.” July, 2016
  • Presented Lawline CLE webinar “Using the Truth in Lending Act to Challenge Predatory Auto Lending.”  February, 2017
  • 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 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
  • Presented, National Association of Consumer Advocates webinar, “Collection Defense for The Private Practitioner.”  June, 2012
  • Quoted in “Lawsuit revived against big debt collection firm in New York”, Reuters, May 22, 2015.
  • 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

Dan’s notable case results include:

Class Actions

  • 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)
  • 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)
  • 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
  • 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.)
  • Pending putative class action regarding alleged false advertising by large Massachusetts auto dealership. Motion to dismiss denied September 2017. Farahmand v. Tom Murph, LLC d/b/a Quirk Volkswagen, 1682-CV-1503 (Norfolk Superior, MA)
  • 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)  

Other Notable Representations

  • 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)