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Current News & Events


Practice Areas
Every day, consumer's rights are violated through illegal and unlawful business practices. KMD Law Office represents consumers like you who have been affected by such practices and hold businesses accountable for their conduct and practices.

At KMD Law Office, we have the skills and experience to achieve your desired goals and results. During the intial stages of investigation of any lawsuit, we understand the issues and concerns you have and will ensure that each one is throroughly addressed and explained before proceeding.

KMD Law Office accepts and investigates matters in the following areas:

In The News
    April 4, 2017
    Recently, the Seventh Circuit has handed down another decision on collection time-barred debt in Pantoja v. Portfolio Recovery Services, LLC. On March 29, 2017, Seventh Circuit held that the collection letter that Porfolio Recovery Services sent to plaintiff to collect almost a 20-year debt of a credit card that he never activated or even used. The Court held that the collection letter was misleading and affirm the district court's judgment for the plaintiff. You can read the opinion here.
    If you have an old debt, i.e., more than 10 years, and are dunned by a collector, fight for your right and contact my office.
    February 2, 2017
    The Eighth Circuit reversed class certification in the Target Data Breach Litigationasdf, citing lack of rigorous analysis of the district court, the National Law Journal reports.
    January 9, 2017
    On January 19, 2017, the Consumer Financial Protection Bureau (CFPB) filed a lawsuit against TCF Bank for its unfair and deceptive overdraft practices. According to news sources, TCF Bank derives significant incomes from these fees. In its lawsuit, the CFPB alleged that TCF Bank tricked consumers into agreeing to costly overdraft fees by reciting hypothetical scenarios that may never happen. Read more here ... 
    A day before, January 18, 2017, the CFPB filed a lawsuit against one of the largest student loan servicers, Navient, for its failure "at every stage" to properly service student loans. Navient is a reincarnation of Sallie Mae, which agreed to settle a nationwide class action lawsuit for similar allegations. Read more here. There was a news article discussing Navient and Sallie Mae in 2015, here, which makes one think if anything has changed since then.
    If you have questions, please contact us.
    October 2016
    On October 5, 2016, the Supreme Court heard oral argument that may change the legal landscape relating to insider trading. ... Click Here 
    September 2016 
    The Seventh Circuit has issued an important decision relating to debt collection requiring debt collector to file suit in the district where the debtor resides or where the contract is executed. ... Click Here
    August 2016 
    On August 11, 2016, the Federal Communications Commission or FCC has issued the anticipated final rules relating to the regulation of debt collection. Under the new rules, certain businesses and debt collection are exempt from the Telephone Communication Protection Act or TCPA. ... Click Here
    March 2016
    The Seventh Circuit reversed and vacated its decision affirming the district court's garnishment order against a consumer after the Supreme Court granted certiorari. This is an important win for consumers and business owners, and employers alike, to may consider garnishing wages under the Consumer Credit Protect Act. KMD Law Office represented the defendant in the lower courts. To find more about the implication of the Supreme Court's decision ... Click here.
    December 2015
    The Supreme Court granted certiorari and took note of a rare confession of error by the Solicitor General when it filed response brief admitting that it should have lost. In its brief, the Solicitor General stated:
    Petitioner is therefore correct that the court of appeals erred in holding that his disability insurance payments do not qualify as “earnings” subject to the CCPA’s restriction on garnishment in this MVRA proceeding.
    To read more about the discussion ... Click Here and for a copy of the government's response brief Click Here.
    September 2015
    KMD Law Office filed a class action lawsuit against Toyota for alleged excessive oil consumption of Toyota RAV4 in the Circuit Court of Cook County. To read more about the lawsuit ... Click Here
    April 2015 
    On April, 2015, the jury returned a $2 million unanimous verdict against Residential Credit Solutions, a mortgage servicing company, for its repeated violations and unscrupulous foreclosure practices. In a 121-page opinion, the court denied Residential Credit Services's request for reconsideration. To read more about this ... Click Here and a copy of the order is here.
    January 2015
    On January 3, 2015, the Court granted the plaintiff's motion for partial class certification as to Count I against law firm Kovitz Shifrin Nesbit, P.C. The court rejected the defendant's argument that class certification is improper stating that under the objective standards under the FDCPA the plaintiff need not even read or receive the debt collection letter. To read the court's opinion ... Click Here
    November 2014
    KMD Law Office filed a second class action lawsuit on behalf of a plaintiff against Kovitz Shifrin Nesbit, P.C. for violations of the Fair Debt Collection Practices Act. Kovitz Shifrin Nesbit, P.C. prides itself a condominium law firm that represents hundreds and thousands of condominium associations. The plaintiff alleged that the law firm violated the FDCPA when it sent debt collection letters to thousand homeowners without properly advising their rights. To read the complaint ... Click Here
    September 2012
    The court granted final approval of a class settlement in a lawsuit for violation of ATM fee notices. Kenneth M. DucDuong represented the plaintiffs in the lawsuit against the defendants, South Central Bank and Star Processing, Inc.
    April 2011
    KMD Law Office filed a class action lawsuit against against South Central Bank, a regional bank in Chicago, for its alleged failure to properly post fee notices on its ATMs. Kenneth M. DucDuong represented the plaintiffs in the lawsuit.
    October 2010
    KMD Law Office filed a class action lawsuit against PNC Bank for its alleged failure to properly post fee notices in its ATM. Kenneth M. DucDuong represented the plaintiff in the action.
    August 2009
    KMD Law Office filed a class action lawsuit under FACTA against Broadway Supermarket, Inc. for its alleged violation of disclosing credit card information on its sale receipts.

Class Notices
  • On January 3, 2015, the Court certified a class action in McCarter v. Kovitz Shifrin Nesbit, P.C., Case No. 1:13 CV 3909, in the District Court for the Northern District of Illinois, Eastern Division. On September 16, 2016, the District Court granted preliminary approval of a class settlement against Kovitz Shifrin Nesbit law firm. To learn more about the class settlement ... Click here.
  • In September, 2012, the Court granted final approval of a class settlement in the matter, Nguyen et al v. South Central Bank and Star Processing, Inc., for alleged failure to properly post fee notices on ATM machine.
RECENT NEWS
9/16/2016
Recently, in September, 2016, the District Court for the Northern District of Illinois granted preliminary approval for a class settlement in lawsuits against a debt collection law firm, Kovitz Shifrin Nesbit, P.C.
12/7/2015
The Supreme Court vacated, reversed, and remanded the Seventh Circuit's decision in United States vs. France affirming the district court's garnishment order, based on the government's own confession of errors both at district and appellate levels. KMD Law Office represented the defendant in district court and in the appeal in the Seventh Circuit.