Dave is a partner of the firm who focuses on defending clients in consumer class actions and complex commercial litigation nationwide, particularly cases involving a variety of federal and state laws and regulations, including the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA) and associated FCC regulations, the Fair Debt Collection Practices Act, the Truth in Lending Act, the Electronic Fund Transfer Act, and many similar state consumer protection statutes.

Dave has particular experience in defending class actions related to and providing compliance advice on the laws and regulations governing employment background checks, including the FCRA’s employment background check provisions, state ban-the-box laws and credit check regulations. Further, he has significant experience representing specialty consumer reporting agencies in various types of FCRA lawsuits, including claims related to permissible purposes, accuracy of reports and investigations of inaccurate information, as well as disclosure claims.

Dave’s clients range from Fortune 100 corporations to startups and closely held entities. He works effectively with both sophisticated in-house legal departments and business leaders who may be unfamiliar with the legal process, by truly focusing on client care. For some clients, that involves constant contact and input, while others want a more hands-off approach. Dave seeks to tailor his representation to each client’s individual needs.

Dave provides analysis of legal and business developments in the consumer financial services industry and on consumer class actions through the Consumer Financial Services Law Monitor, at https://www.consumerfinancialserviceslawmonitor.com/.

Representative Matters  

• Successfully argued a motion to compel arbitration before the Eleventh Circuit on behalf of a leading restaurant company in a purported employment background check class action. Obtained a unanimous win before the Court of Appeals.
• Prevailed on summary judgment in a purported class action regarding a consumer reporting agency’s ability to furnish reports to tribal The win clarifies consumer reporting agencies’ duties with respect to credentialing and firm offers of credit.
• Obtained full dismissal through a motion to dismiss in a class action regarding a consumer reporting agency’s duties with respect to bankruptcy information. The decision provides guidance as to consumer reporting agencies’ obligations pertaining to public
• Procured summary judgment on behalf of a large national retailer in a purported FCRA background check class action. This decision was a complete win for the client, resulting in a dismissal of the entire class action complaint with prejudice.
• Successfully represented a leading furniture retailer against a Fortune 500 company in a lawsuit pertaining to an allegedly defective product. Eventually obtained a dispositive win for the client through a successful motion for spoliation sanctions, drastically limiting the plaintiff’s claims.
• Prevailed in a weeklong patent infringement jury trial on behalf of a leisure boat manufacturer, earning a multimillion-dollar verdict for the client, including an injunction preventing future infringement.
• Obtained a $4 million judgment for a regional bank based on assets it purchased through the Federal Deposit Insurance Corp. by, in part, using the federal common law D’Oench Duhme doctrine to eliminate the borrower’s defenses to liability