Fleischmann, Simon A.

Simon A. Fleischmann


Partner

 

Overview

Simon Fleischmann is a Deputy Chair of the Financial Services Litigation Practice Group and Co-Chair of the Firm's Cannabis Industry Group. He concentrates his practice on risk management and complex litigation matters across a broad range of industries.

Consumer Finance Litigation and Compliance

Simon advises banks and non-bank financial service providers in complex litigation and regulatory enforcement matters nationwide. He has tried jury and non-jury cases, argued in federal and state courts of appeal, and effectively responded to investigations by the Consumer Financial Protection Bureau and the Illinois attorney general. Most of the matters Simon handles involve consumer-related operations, such as payment application procedures, website accessibility, online payment fees, collateral preservation procedures, default servicing procedures, outbound calling practices and related technology, loan boarding and issues arising from the assignment of loans or servicing rights, implementing approved bankruptcy plans and discharge orders, credit reporting, correspondence with account holders and other risk-sensitive operations. He also assists commercial lenders in workout litigation and matters concerning lender liability and duties under U.C.C. Article 9. Simon is a member of the Governing Committee for the Conference on Consumer Finance Law (CCFL), former Chair of the Consumer Credit Committee of the Chicago Bar Association, and he frequently speaks at financial services industry conferences.

Cannabis

As Co-Chair of the Cannabis Industry Group, Simon advises marijuana-related businesses and financial service providers on a range of issues concerning the rapidly evolving cannabis industry. Most of the cannabis-related matters Simon handles involve internal governance and risk management, social media engagement, manufacturing and supply agreements, advertising and product labeling, vendor relationships, developing reasonable controls to facilitate financial services where available and engaging with regulators as to compliance with state law.

Representative Experience

Simon's experience includes:

  • Counseling state bank on cannabis-related risk management
  • Reviewing advertising and labeling practices for cannabis industry participant
  • Representing several social networking, energy and finance companies in TCPA class actions
  • Avoided any enforcement action by CFPB following a Civil Investigative Demand (CID) issued to a financial services client
  • Defended several spirits industry clients in class actions alleging deceptive labeling and marketing practices
  • Advising marijuana-related business on social networking compliance
  • Advised a private equity fund in assessing the risks presented by the CFPB regulation of consumer-facing businesses
  • Represented a mortgage industry client in responding to a CID from the Illinois Attorney General
  • Counseling spirits manufacturers on labeling and litigation risk
  • Represented a major mortgage servicer in multidistrict litigation (MDL) matter involving claims of predatory lending practices against a defunct loan originator
  • Advising loan originator as to RESPA Section 8 risks associated with joint marketing venture
  • Defended against class claims attacking a mortgage company's compliance with an Illinois mortgage-foreclosure reform statute
  • Represented an auto lender in a national class action challenging the imposition of late fees
  • Defending against class claims asserting wrongful eviction and REO procedures
  • Defending mortgage loan servicer against class-action claims attacking foreclosure processes
  • Handling a broad range of appeals for banks and mortgage servicers
  • Represented mortgage companies in nationwide class actions relating to the suspension or reduction in HELOC limits
  • Defended mortgage servicer in nationwide class action asserting that failure to provide adverse-action notices when denying loan modification requests violates ECOA
  • Representation of title insurer in multiple state class actions alleging antitrust and RESPA violations in connection with title insurance practices
  • Defending of several mortgage servicers against allegations of unfair and deceptive loan-modification practices
  • Represented mortgage lenders and servicers in nationwide class actions asserting disclosure violations under TILA
  • Representation of mortgage originators in connection with claims of negligent and discriminatory lending practices
  • Representation of a mortgage-insurance company in subprime RMBS investor litigation
  • Representation of mortgage servicer in class action regarding the assessment of prepayment penalties
  • Representation of mortgage servicers in connection with claims under the Cranston-Gonzalez amendments to RESPA dealing with qualified written requests (QWR) and other servicing requirements
  • Defended mortgage lender in nationwide class action involving disputes over yield-spread premiums (YSP) under RESPA and allegations that charging a document-preparation fee constitutes the unauthorized practice of law

Professional Affiliations and Recognitions

  • Chicago NORML, Banking Policy Subcommittee

Community Leadership

  • Board of Directors, JCFS Chicago
  • Active in Jewish United Fund/Jewish Federation of Metropolitan Chicago
    • Lawyers Division
    • Member, Health & Human Services Commission