Perdew, P. Russell

P. Russell Perdew

Partner
RELATED SERVICES

Rusty Perdew is a member of the Firm’s Board of Directors and litigates complex commercial, class action and tort cases in jurisdictions across the country. Rusty also provides compliance and regulatory advice to clients in heavily regulated industries, including forward and reverse-mortgage lenders and loan servicers. Rusty represents clients in numerous, typically consumer-facing, industries, with a specific focus on the financial services industry as well as product manufacturers, distributors and retailers.

 

Rusty Perdew is a member of the Firm’s Board of Directors and litigates complex commercial, class action and tort cases in jurisdictions across the country. Rusty also provides compliance and regulatory advice to clients in heavily regulated industries, including forward and reverse-mortgage lenders and loan servicers. Rusty represents clients in numerous, typically consumer-facing, industries, with a specific focus on the financial services industry as well as product manufacturers, distributors and retailers.

Rusty aggressively defends his clients in class action and high-exposure individual cases alleging violation of state consumer-fraud or deceptive-trade-practice statutes, common-law fraud and breach of contract as well as personal injury claims sounding in negligence and strict liability. Rusty frequently defends financial services companies, including banks, credit unions, and residential mortgage lenders and servicers in cases alleging violations of the following:

  • Telephone Consumer Protection Act (TCPA)
  • Truth in Lending Act (TILA)
  • Real Estate Settlement Procedures Act (RESPA)
  • Fair Credit Reporting Act (FCRA and FACTA)
  • Fair Debt Collection Practices Act (FDCPA)
  • Equal Credit Opportunity Act (ECOA)
  • Federal and state False Claims Acts (qui tam cases)
  • Racketeer Influenced and Corrupt Organizations Act (RICO)
  • Provisions of the U.S. Bankruptcy Code and Bankruptcy Rules
  • State consumer protection statutes

Rusty also closely follows and writes on legal developments involving statutes creating class-action liability for companies, including the Illinois Biometric Information Privacy Act (BIPA).

Rusty also provides compliance and regulatory advice to forward and reverse-mortgage lenders regarding state and federal statutory and regulatory requirements. This work includes creating and modifying loan documents and disclosures to comply with all legal and industry requirements, developing new loan products, adapting to statutory and regulatory changes, and responding to borrower and investor inquiries regarding existing loan products. Rusty is intimately familiar with relevant statutes and regulations, including TILA/Regulation Z, RESPA/Regulation X, and state statutes and regulations governing forward and reverse-mortgage loan products. And as a class-action and consumer-bankruptcy litigator, Rusty has particular insight into the types of issues that can arise with consumer-lending products.

Rusty’s recent experience includes: 

  • Defending a loan servicer against a series of nationwide class actions alleging that property-inspection fees for FHA-insured loans violated HUD requirements
  • Obtaining a rarely issued supervisory order from the Illinois Supreme Court, which vacated a trial court’s order of substantial and punitive sanctions and ended the sanctions proceedings
  • Defending a loan servicer against multiple high-exposure TCPA cases turning on the definition of an automatic telephone dialing system and the validity and interpretation of the FCC’s 2015 Order implementing the TCPA
  • Defending a loan servicer against multiple class actions in Florida and New Jersey alleging the servicer charged premiums for lender-placed insurance that were allegedly inflated by improper kickbacks paid to the servicer
  • Defending a series of class actions against a residential mortgage servicer and affiliates alleging that late fees, property-inspection fees, property-valuation (BPO) fees and other charges for default-related services were inflated or improper under the loan contract and various state and federal consumer protection statutes
  • Defending a substantial class action against a nationwide franchisor filed by franchisees alleging breach of contract and fraud in how certain charges were passed on to the franchisees
  • Advising a manufacturer of personal care products in connection with a cluster of claims alleging that hair dye was defective because of the potential for an allergic reaction
  • Defending class-action lawsuits filed by counties, county commissioners and county attorneys alleging mortgage industry defendants failed to record mortgage assignments, depriving counties of revenue and allegedly damaging he integrity of county records
  • Defending False Claims Act, or qui tam, cases alleging mortgage industry defendants made false statements regarding MERS to avoid paying county recorder fees
  • Defending a large qui tam case alleging mortgage industry defendants made false statements regarding the nature and recoverability of homeowner association (HOA) fees
  • Advising a national membership club in a cluster of “bet-the-company” class actions by consumers alleging violations of RICO and various state consumer protection statutes for alleged misleading conduct in selling memberships, leading to approval of a classwide settlement
  • Defending subpoenas and claims initiated by U.S. Trustees, Chapter 13 ‎trustees, and debtors ‎within bankruptcy proceedings
  • Defending class actions filed by borrowers alleging violations of TILA and other claims in connection with payment-option adjustable-rate loans (“Option ARM loans”)

Rusty’s representative experience includes:

  • Giotta v. Ocwen Loan Servicing, LLC, et al., 2016 WL 4447150 (N.D. Cal. Aug. 24, 2016), aff’d 2017 WL 6397179 (9th Cir. Dec. 15, 2017). Class action under RICO, FDCPA, RFDCPA and UCL alleging improper and inflated property-inspection and property-valuation (BPO) fees against loan servicer, affiliated company and individual director/officer dismissed because fees authorized by contract and no basis for fraud claims. Dismissal affirmed on appeal based on borrowers’ failure to comply with contractual notice-and-cure provision
  • U.S. ex rel. Adams v. Aurora Loan Services, LLC, et al., 813 F.3d 1259 (9th Cir. 2016). Qui tam claim against mortgage-industry defendants dismissed because allegedly false claims submitted to Fannie Mae and Freddie Mac were not submitted to U.S. government agency
  • In re: MERS Litigation, No. 09-2119, 2015 WL 9268189 (D. Ariz. Dec. 21, 2015). Class certification denied to putative class of homeowners who faced non-judicial foreclosure under deeds of trust naming MERS as beneficiary
  • Scher v. Deutche Bank Trust Co., et al., 634 Fed. Appx. 435 (5th Cir. 2015). Wrongful-foreclosure claims against lender dismissed because borrowers’ complaints about standing to foreclose and use of MERS were invalid
  • Shelley v. Ocwen Loan Servicing, LLC, No. 1:13-cv-506, 2013 WL 4584649 (S.D. Ind. Aug. 28, 2013). FDCPA claims against loan servicer dismissed because RESPA servicing-transfer notice is not a debt-collection communication under the FDCPA
  • Maria Moore v. P&G-Clairol, Inc., 781 F. Supp. 2d 694 (N.D. Ill. 2011). Summary judgment for the distributor of hair dye in a case alleging a product defect due to a user’s allergic reaction
  • Bonte v. U.S. Bank, N.A., 624 F.3d 461 (7th Cir. 2010). TILA rescission claim against lender dismissed where none of the allegedly-inaccurate disclosures were considered material
  • Velazquez v. GMAC Mortgage, LLC, 605 F. Supp. 2d 1049 (C.D. Cal. 2008); 2009 WL 2959838 (C.D. Cal. Sept. 10, 2009). TILA claims against lender dismissed, and plaintiffs' attempt to substitute class representatives denied, ultimately leading to the voluntary dismissal of the case
  • Murray v. GMAC Mortgage, LLC, 532 F. Supp. 2d 938 (N.D. Ill. 2007), aff'd 2008 WL 1781160 (7th Cir. 2008). Summary judgment on behalf of a mortgage lender in a "firm offer of credit" case under the FCRA because there was no evidence defendant willfully violated the statute
  • Chatz v. BearingPoint, 364 B.R. 308 (N.D. Ill. 2007). Defense verdict in bankruptcy trial on behalf of an accounting firm against a $23 million claim alleging a negligent stock valuation
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CREDENTIALS
Education
  • J.D., Northwestern University School of Law, 1999

    Moot Court

  • B.A.,

    summa cum laude

    , Bradley University, 1996
Bar Admissions
  • Illinois, 1999
  • Indiana, 2000
  • Wisconsin, 2013
Court Admissions
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • Supreme Court of Illinois
  • Supreme Court of Indiana
  • Supreme Court of Wisconsin
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Southern District of Illinois
  • U.S. District Court for the Northern District of Indiana
  • U.S. District Court for the Southern District of Indiana
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. District Court for the Western District of Wisconsin
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Northern District of Florida
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the District of Nebraska
  • U.S. Bankruptcy Court for the Northern District of Illinois
  • U.S. Bankruptcy Court for the Southern District of Illinois
  • U.S. Bankruptcy Court for the Northern District of Indiana
  • U.S. Bankruptcy Court for the Southern District of Indiana
Professional Affiliations
  • Rusty teaches as an adjunct professor in two classes at Northwestern University School of Law—Trial Advocacy and Civil Discovery. In that capacity, he instructs, critiques, and grades law students on courtroom skills, including direct and cross-examination, opening statements, and closing arguments. He also lectures and directs classroom exercises regarding various aspects of pre-trial discovery.