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EDUCATION University of Michigan Law School, Ann Arbor, Michigan, J.D., 1982 University of Michigan, Ann Arbor, Michigan, B.A., with High Distinction, 1978 ADMITTED Illinois Georgia U.S. Court of Appeals for the 2nd, 4th, 5th, 7th, 8th, 9th, 11th Circuits U.S. District Court for the Northern District (Trial Bar) and Central District of Illinois U.S. District Court for the Northern District of Georgia U.S. District Court for the Eastern and Western Districts of Wisconsin U.S. District Court for the Eastern and Western Districts of Michigan U.S. District Court for the Northern District of Indiana |
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David L. Hartsell
Partner 
77 West Wacker Drive
dhartsell@mcguirewoods.comSuite 4100 Chicago, Illinois 60601-1818 F: 312.920.6766 |
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Mr. Hartsell has tried cases to verdict in state and federal courts in Illinois, Wisconsin, Michigan, Connecticut, Florida, Virginia, North Carolina and Nevada. His practice is concentrated on general business litigation, with an emphasis on the defense of consumer finance litigation including several major class actions brought under the Fair Credit Reporting Act, the Truth in Lending Act, the Fair Debt Collection Practices Act, and various state consumer fraud and unfair business practices statutes. He also has extensive experience in defending professional liability claims brought against accountants and insurance brokers, and has represented and advised domestic and international insurers on various matters.
- Durkin v. Certegy Check Services, Inc., 406 F.3d 410 (7th Cir. 2005) (successfully barred plaintiffs' expert witness, and then obtained summary judgment in favor of defendant in an FDCPA class action based on plaintiffs' failure to meet evidentiary burden to show consumer confusion)
- Riddle & Associates, P.C. v. Kelly, 414 F.3d 832 (7th Cir. 2005) (brought successful Declaratory Judgment Act claim on behalf of attorney-debt collector establishing no FDCPA "overshadowing" violation; successfully tried consumer's remaining counter-claims to a defense verdict and obtained $26,000 in sanctions against plaintiff's attorneys)
- Headen v. Asset Acceptance LLC, 383 F.Supp.2d 1097 (S.D. Ind. 2005) (settlement offer letters did not violate FDCPA; rejecting Goswami)
- Rydel v. Comtrad, et al., Case No. 03-1878 (Illinois Court of Appeals, 1st Dist. December 29, 2004) (affirming dismissal of “junk e-mail” class action alleging violations of Illinois Consumer Fraud Act)
- Liles v. American Corrective Counseling Services, Inc., 350 F.3d 742 (8th Cir. 2003) (successfully defended interlocutory appeal brought by intervenors who objected to preliminary approval of proposed FDCPA class action settlement)
- Neff v. Capital Acquisitions and Management Company, Inc., 238 F.Supp.2d 986 (N.D.Ill. 2002), aff'd 352 F.3d 1118 (7th Cir. 2003) (affirming summary judgment for debt buyer on grounds that debt buyer was not a "creditor" nor a "card issuer" within the meaning of TILA and not obligated to send monthly statements to debtor)
- Washington v. CSC Credit Services, Inc., 193 F.3d 263 (5th Cir. 2000) (reversing class certification order and holding that there is no private cause of action for injunctive relief under FCRA)
- Blair v. Equifax Check Services, Inc., 181 F.3d 832 (7th Cir. 1999) (first decision to address standard of review on Rule 23(f) interlocutory appeals from class certification orders)
- Tuttle v. Equifax Check Services, Inc., 190 F.3d 9 (2nd Cir. 1999) (established right to collect service charges on bad checks as a form of incidental damages under UCC)
- Consumer Financial Services
- Complex Commercial Litigation
- Class Action Litigation
- Banking Litigation
- Accountants Defense
- Financial Services Litigation
- Named an Illinois "Super Lawyer," Business Litigation, Corporate Counsel Edition, 2008
- Named an Illinois "Super Lawyer," Law & Politics Magazine, 2005, 2006, 2008
- Named One of America's Leading Lawyers, Chambers USA, 2008
- Partner, Ross & Hardies, Chicago, Illinois
- Partner, Kilpatrick Stockton LLP, Atlanta, Georgia
- Partner, McCullough Campbell & Lane, Chicago, Illinois
- Law Clerk, Michigan Court of Appeals
- Mr. Hartsell has served as a court appointed special advocate (CASA) for the Cook County Juvenile Court, representing abused and neglected children. He is also active in neighborhood affairs, having served as a committee chair and as president of a local homeowners association.