Daniel A. Schlanger

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Daniel Schlanger is a founding partner at Kakalec & Schlanger, LLP, and heads its consumer practice. His practice focuses on class actions and other affirmative litigation, predominantly in Federal Court, as well as collection defense matters.

Dan joined Kakalec & Schlanger, LLP in 2007 after working as a staff attorney at Legal Aid Society of Cleveland, where he was a member of that organization’s consumer law unit, and helped to found a program focused on wage and hour litigation on behalf of low-income workers. Prior to that, Dan clerked for the Hon. R. Lanier Anderson, III on the United States Court of Appeals, 11th Circuit.
Dan received his law degree from Harvard Law School, cum laude, in 2004. He received his undergraduate degree from Carleton College, magna cum laude, in 1994.

Dan’s work as a lawyer is guided by his passion for assisting victims of lending fraud, collection abuse, and other types of marketplace injustice, such as hidden fees, false advertising, warranty fraud and dangerous or deficient products. Dan regularly speaks and gives CLE’s on topics relating to the Fair Debt Collection Practices Act, Auto Fraud, Collection Defense, and related consumer topics.

Dan Schlanger of Kakalec & Schlanger, LLP, speaking about unfair debt collection and auto fraud issues.

Dan Schlanger of Kakalec & Schlanger, LLP, speaking about negotiating with creditors.

His notable results include:

Class Actions

Coble, et al. v. Cohen & Slamowitz, et al., 11-CV-01037 (S.D.N.Y.) (FDCPA class action regarding alleged filing of fraudulent affidavits in tens of thousands of state court collection cases). See, 824 F. Supp. 2d 568 (S.D.N.Y. Oct. 11, 2011) (denying defendants’ motion to dismiss).

In re Porsche Cars North America, Inc., Plastic Coolant Tubes Products Liability Litigation, 11-MD-2233 (N.D. Ohio) (multidistrict products liability class action) (member, executive committee). 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);

Dan SchlangerMadden v. Midland Funding et al., 11-CV-814 (S.D.N.Y.) (class action). See, 2015 U.S. App. 8483, 786 F.3d 246 (2d Cir. 2015) (reversing 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), rehearing denied 8/15/2015;

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 in Moy 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.)

De La Paz v. Rubin & Rothman, LLC, et al., 11-CV-9625 (S.D.N.Y.) (Approved FDCPA class action against high volume debt collection law firm involving alleged mistatements regarding debt collectors’ standing to sue, and alleged failure to meaningfully review state court collection pleadings.)

Other Notable Representations

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) (denying 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);

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) (reversing dismissal of complaint with regard to unlawful addition of attorney’s fees in complaint filed against rent-controlled tenant in housing court);

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) (striking 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), 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).

FIA Card Services, N.A. v. Miguel Escobar, 2010 N.Y. Misc. LEXIS 3729 (N.Y. City Civ. Ct. May 10, 2010) (dismissing motion to enforce arbitration award on grounds that arbitral forum was institutionally biased against consumers);

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) (denying motion to dismiss, sanctioning defendant); 2010 U.S. Dist. LEXIS 135501 (S.D.N.Y. December 21, 2010) (awarding fees);

United States Bank Nat’l Ass’n v. Pia, 2011 N.Y. Misc. LEXIS 4962 (N.Y. Sup. Ct. Oct. 7, 2011) (granting consumer rescission of home loan pursuant to the Truth In Lending Act); 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).

Dan is also an active member of the bar: He is currently a member of the National Association of Consumer Advocates (NACA), the American Association for Justice (AAJ, formerly, ATLA), and the American Bar Association. 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), and serving as a member of the NYCBA’s professional responsibility, civil court and consumer protection committees. He currently serves on NACA’s issues/amicus committee and NACA’s education committee.

Dan frequently speaks on consumer law topics, including FDCPA, collection abuse, usury, auto fraud, etc.

Dan has been recognized for his pro bono work, receiving the New York State Bar Association President’s Award For Individual Pro BonoWork (9th Judicial District) in 2013, and is also a recipient of the Rotary Club of White Plains, Jim Gardner Business Ethics Award (2013).

Dan was named to the Super Lawyers New York Metro Rising Stars list in 2013 through 2016.

Prior to attending law school, 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.

EducationDan Schlanger

• J.D., 2004, Harvard Law School, cum laude

• Recipient, 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 Memberships:

• New York

• Ohio (inactive)

Select Publications & Press

  • Presented: Lawline CLE webcase “The Fair Debt Collection Practices Act: Bringing Suit Based On State Government Litigation And Judgement Enforcement Misconduct”. July, 2016
  • 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