Photo of Robert M. Horwitz

Robert M. Horwitz Member

Areas of Practice

Industries

Bar Admissions

  • Michigan

Court Admissions

  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Western District of Michigan
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, District of Colorado
  • U. S. District Court, Eastern District of Wisconsin
  • Michigan Supreme Court
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Tenth Circuit

Education

Wayne State Law School, J.D.

University of Michigan, B.A.

Robert Horwitz’s national practice includes defending Fortune 500 companies, debt buyers, debt collection agencies, creditors and others in consumer litigation involving the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA), Federal Trade Commission Act and the Consumer Financial Protection Act. Mr. Horwitz’s extensive litigation experience includes handling numerous class actions at both the trial and appellate levels.

Mr. Horwitz is a prominent commentator and thought leader on issues involving debt collection, credit reporting, the TCPA and building and maintaining an effective compliance management system. He counsels entities on compliance and regulatory issues involving the statutes identified above and advises them on best practices to avoid litigation and remediate root causes of litigation. He is a frequent contributor to Dykema's NextGen Financial Services Report Blog and is frequently requested to speak at trade association conferences such as Debt Buyers International and ACA International on existing and emerging compliance and litigation issues. Before re-joining Dykema in 2012, Mr. Horwitz worked as the chief litigation counsel for a publicly-traded debt buyer.

In addition to his work in the consumer financial services industry, Mr. Horwitz is an experienced and accomplished commercial business litigator. He has extensive experience representing insurance companies in accidental death and other complex insurance matters, landlords and tenants in disputes over common area maintenance and electrical charges, and automotive dealerships.

Experience

  • Obtained summary judgment in an auto-dialer TCPA case in which the Court held that the client’s calling method was not an automatic telephone dialing system. Glassbrook v. Rose Acceptance, Inc., No. 13-10152, 2015 U.S. Dist. LEXIS 133949 (E.D. Mich. Sep. 11, 2015).
  • Won motion to dismiss in a FDCPA case challenging credit reporting disclosures. Corcia v Asset Acceptance, LLC No. 13-CV-6404, 2014 U.S. Dist. LEXIS 99862 (E.D.N.Y. Jul. 22, 2014).
  • Defeated motion for class certification in a FDCPA case concerning caller identification. Bright v Asset Acceptance, LLC, 292 F.R.D. 190 (D. N.J. 2013)
  • Obtained summary judgment in a FDCPA case involving call harassment. Miller v Asset Acceptance, LLC 2013 WL 2295437 (E.D. Mich. May 24, 2013).
  • Defended mortgage company in case involving claims under the Truth in Lending Act and Bankruptcy Code. Obtained dismissal of case in Federal District Court, which was affirmed by the Sixth Circuit. Worthy v. World Wide Financial Services, Inc. et al., 347 F.Supp.2d 502 (E.D. Mich. 2004); affirmed, 2006 WL 2188931.
  • Acted as national counsel for insurance company on accidental death benefit and disability claims. Assisted in revising policies and obtained summary judgment on numerous claims which were affirmed on appeal, including accidental death claims arising out of incidents on airplanes. Gerhardstein v. AMEX Assurance Company, 198 F.3d 257, 1999 WL 983092 (10th Cir. 1999).
  • Obtained judgment in excess of $7 million (and collected in excess of $5 million) on behalf of a bank in a breach of contract action against a well known and highly successful fast food franchisee.
  • Obtained judgment for major motion picture studio in contract dispute arising out of the production of the “8 Mile” film in Detroit.
  • Defended companies in discovery fraud lawsuits seeking to vacate or increase judgments.
  • Extensive experience handling attorney-client and work-product privilege issues associated with crime-fraud hearings.

Memberships & Involvement

American Bar Association, Consumer Financial Services Section

Members Attorney Program of American Collectors Association

National Association Retail Collection Attorneys

Debt Buyers Association

Community/Civic Activities

  • Huntington Woods Board of Review for Property Taxes