David Anthony is an experienced trial lawyer with a concentration in litigating financial services and business disputes, including class actions. He has developed an expertise in federal court litigation.
- Represented national debt collection firm in 700+ plaintiff “mass action” for claims of numerous FDCPA violations including allegations of robo-signing of affidavits for collection of default judgments.
- Represented national debt collections firm in multiple individual and class cases regarding FDCPA and TCPA violations for garnishment issues relating to underlying judgments again individuals.
- Represented national debt collector against claims by multiple plaintiffs for FDCPA, civil RICO and state law abuse of process relating to allegations of false representations and alleged lack of personal knowledge in support affidavits.
- Represented debt collections law firm and individual lawyers in suit alleging FDCPA violations for failing to disclose identity as debt collector in dunning letter. Successfully prevailed on motion to refer case to arbitration based on arbitration provision in underlying contract between consumer and credit card issuer.
- Represented national debt collection firm in individual and class actions alleging violations of the FDCPA and TCPA for failure to obtain express prior consent to call cellular telephone with an autodialer and failing to discontinue calls when asked.
- Representation of national, regional and local banks, lenders, a national credit reporting agency, furnishers, debt collectors, background screening companies, employers and other related consumer finance entities against claims in 325+ federal court cases under the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, the Equal Credit Opportunity Act, state consumer protection acts as well as state common law (e.g., libel, credit defamation and negligence).
- Successful defense as lead counsel for publicly traded Fortune 1000 company in early dismissal of class action lawsuit brought under the Fair Credit Reporting Act and Equal Credit Opportunity Act.
- Lead counsel for national used car lender against class action lawsuit brought under the Fair Credit Reporting Act and the Equal Credit Opportunity Act, including implementation and handling of class settlement with oversight by the Court.
- Representation of national data management company in class action lawsuit under the Federal Credit Reporting Act involving employee background checks related to the mailing of preliminary adverse action notice and taking of final adverse action against a job applicant and related individual actions.
- Representation as local co-counsel for national law firm in successful motion to transfer venue of class action lawsuit against credit reporting agency for claims under the Fair Credit Reporting Act relating to reporting of credit limits by large credit card provider.
- Defense of national used car lender in litigation around the country for consumer-related claims.
- Advising publicly traded Fortune 1000 company on consumer credit compliance and policy issues.
- Experience with Federal Trade Commission’s Red Flags Rule aimed at curbing identity theft.
- Litigation experience as lead counsel in 150+ cases in United States District Courts, particularly in the Eastern District of Virginia in wide variety of claims based upon the United States Constitution, federal statutes or diversity jurisdiction.
- Representing businesses and individuals in hundreds of disputes involving a wide range of commercial issues, including abstention, abuse of process, assault and battery, attorney-client privilege, attorney’s fees, bad faith claims, business torts, civil conspiracy, contracts, contribution, defamation, federal court removal, fiduciary duties, fraud and misrepresentation, indemnity, infliction of emotional distress, insurance, invasion of privacy, legal malpractice, liquidated damages, malicious prosecution, negligence, personal injury, preemption, products liability, punitive damages, real property, shareholder rights, slander, tortious interference and trusts and estates.
- Regular participation in all phases of alternative dispute resolution before the American Arbitration Association and other groups, including the mediation and arbitration of disputes.
Speaking Engagements and Publications
- Quoted, “Contact Frequency Is Key as CFPB Pursues Debt Collection Rules,” Bloomberg BNA, July 22, 2016
- Quoted, “CFPB Sets July 28 Debt Collection Event as Industry Awaits Rule,” Bloomberg BNA, July 15, 2016
- Quoted, “Top Privacy Cases of 2016: Midyear Report,” Law360, July 1, 2016
- Panelist, “Spokeo, Inc. v. Robins: What are the Key Points for the Background Screening Industry?” National Association of Professional Background Screeners Webinar, June 14, 2016.
- Speaker, “Industry Response to Current Trends in Fair Debt Collection Practices Act Enforcement,” ACA International 2016 Convention and Expo, Denver, Colorado, June 18, 2016
- Co-author, “The Fair Credit Reporting Act: Not Just About Credit,” American Bar Association Business Law Today, June 17, 2016
- Panelist, “Class Actions 101: The Rules, Certification, Settlement and the Court,” Richmond Bar Association CLE, Richmond, Virginia, May 24, 2016
- Panelist, “FCRA Class Actions: Minimizing Litigation Woes for Employers,” The Knowledge Group Webinar, April 27, 2016.
- Moderator, “Update on the Telephone Consumer Protection Act – Does the Federal Communications Commission Really Want Your Client to Use a Rotary Phone?,” American Bar Association Business Law Section Spring Meeting, Montreal, Canada, April 7, 2016.
- Panelist, “Fair Credit Reporting Act and Debt Collection,” Practising Law Institute Consumer Financial Services Institute, New York, NY, April 5, 2016.
- Panelist, “Cutting Edge FCRA Compliance Issues,” National Association of Professional Background Screeners Mid-Year Legislative & Regulatory Conference, Washington, DC, April 4, 2016.
- Panelist, “An In-Depth Look at the FCC and TCPA,” Credit and Collection News Annual Conference, Amelia Island, FL, April 1, 2016.
- Panelist, “Business to Business Claims: Vendor Lawsuits; Litigation Between Issuing Banks and Retailers Post-Breach; the Ecosystem of Payment Card Breaches; and Genesco Decision Implications,” American Conference Institute Data Breach & Privacy Litigation and Enforcement Conference, Philadelphia, PA, March 17, 2016.
- Panelist, “The Devil is in the Details: High-Risk FCRA Reporting and Consumer Disputes for Debt Buyers and Collectors,” Debt Buyers Association Annual Conference, Las Vegas, NV, February 9-11, 2016.
- Co-Author, “Is the FCRA a Dead End for Data Breach Plaintiffs?” Law360, January 28, 2016
- Co-author, “Who is the ‘Least Sophisticated Consumer’?” Collector, a publication of ACA International, The Association of Credit and Collection Professionals, January 1, 2016.
- Panelist, “The Impact of Fair Credit Reporting Act in the Regulatory Enforcement and Developments of Financial Services,” The Knowledge Group, November 16, 2015.
- Quoted, "Evidence rule on admissions to track feds,'" Lawyers Weekly, November 12, 2015.
- Speaker, “Protection of Consumer Financial Information Including Customer Financial Privacy (FCRA and GLBA) Plus Data Security and Preventing Fraud/ Identity Theft,” American Conference Institute’s Inaugural Consumer Lending Regulatory Compliance Forum, New York, New York, October 30, 2015.
- Quoted, “TCPA Suits Get Another Boost As 3rd Circi. Defines Autodialer,” Law360, October 26, 2015.
- Speaker, "Fair Credit Reporting Act: Litigation, Regulatory and Enforcement Developments in the Financial Industry and Beyond," Stafford, June 23, 2015.
- Speaker, “The Devil in the Details: High Risk FCRA Reporting Issues for Furnishers,” The Association of Credit and Collection Professionals 2015 International Annual Convention and Expo (ACA), Boston, MA, July 20, 2015.
- Speaker, “Lessons Learned and Tips from Fourteen FCRA Lawsuits Filed by one Plaintiff,” National Association of Professional Background Screeners 2015 Mid-Year Legislative & Regulatory Conference (NAPBS), April 12-14, 2015.
- Speaker, “The Role of ‘Big Data’ in Background Screening,” National Association of Professional Background Screeners 2015 Mid-Year Legislative & Regulatory Conference (NAPBS), April 12-14, 2015.
- Co-author, "New York Announces Sweeping New Regulation of the Debt Collection Industry," TerraLex, March 16, 2015.
- Quoted, "Tougher rules coming for debt collectors," Yahoo! Finance, February 25, 2015.
- Co-author, "The TCPA Balance Shifts: The Eleventh Circuit Decision in Mais is Extremely Favorable for Collectors," Terralex Connections, December 9, 2014.
- Co-author, "Fourth Circuit Rules Debt Collector Violated "Call Charged" Section of TCPA for Using an ATDS to Call a Residential Landline," Terralex Connections, December 9, 2014.
- Co-author, "Culling Consent From 11th Circ. TCPA Case," Law360 , October 16, 2014.
- Co-author, "FCC Opinion On TCPA Consent Could Impact Debt Collectors," Law360, August 19, 2014.
- Quoted, "FDIC Withdraws ‘High Risk’ Business List Amid Furor," Law360, July 28, 2014.
- Quoted, “9th Circ. Eases TCPA Risks for Deep-Pocketed Companies,” Law360, July 10, 2014
- Co-author, "Civil Conspiracy Between Parent Corporations and Wholly Owned Subsidiaries: a National Survey," Bloomberg BNA, June 20, 2014.
- Co-author, "Pa. Ruling Supports Common-Sense Application of TCPA," Law360, May 13, 2014.
- Co-author, “FTC Enforcement Trends In 2013 And 2014 For FDCPA,” Law360, May 1, 2014.
- Speaker, “Reading the FTC Leaves: Lessons Learned From Recent FTC Actions Through the Eyes of In-house Counsel, Outside Counsel, and FTC Staffers,” American Bar Association, Business Law Section Spring Meeting, Consumer Financial Services Committee, Federal and State Trade Practices Subcommittee, Los Angeles, CA, April 11, 2014.
- Speaker, “Class Actions: New and Emerging Cases and Theories; The Continuing Impact of Dukes and Progeny on Certification; New Settlement Considerations; and Using CAFA and Other Developments in Your Favor with Regard to “Predominance,” Discovery Practices as Courts Look to the Merits, Standards for Removal (including Removal of AG Actions), Remand Fights, Misjoinder & Stipulations Limiting Damages,” American Conference Institute’s 18th National Forum on Consumer Finance Class Actions & Litigation, Los Angeles, CA, April 8, 2014.
- Moderator, “FTC/CFPB Joint Session,” 9th Annual Credit and Collection News Conference, Naples, FL, April 3, 2014.
- Quoted, "9th Circ.'s Spokeo Ruling Opens FCRA Floodgates," Law360, February 6, 2014.
- Quoted, “DC Circ. Ruling Complicates Fight Over TPCA Liability,” Law360, January 24, 2014.
- Quoted, “Banks Caught in the Middle of Regulators’ Fair-Lending Pursuits,” Law360, November 8, 2013.
- “Post CAFA: Objections by State Attorneys General to Class Action Settlements,” American Bar Association State and Local Government Law News, Vol. 36, No. 4, Summer 2013.
- Quoted, "Symczyk's Impact on Offer of Judgment Use in Class Actions Remains Murky, Experts Say," Class Action Litigation Report, April 26, 2013.
- Quoted, "High Court's CAFA Ruling Carries Dangers For Defendants," Law360, March 19, 2013.
- Quoted, "Class Action Lawyers React To Supreme Court's CAFA Ruling," Law360, March 19, 2013.
- Co-Author, "Case Study: Soppet V. Enhanced Recovery," Law360, May 31, 2012.
- Anthony, David N., “Privacy Litigation Trends - 2009,” May 21, 2009.
- Anthony, David N., Erin S. Whaley, and Paige S. Fitzgerald, “ Red Flags Rule Protects Patients: FTC Rule on Identity Theft Impacts Providers,” Coding Edge, February 2009.
- Anthony, David N., "Consumer Credit Issues that Matter to Every Business," Business Law Bulletin of Virginia, September 10, 2008.
- Anthony, David N. & Matt Kirsner, “Red Flag or Red Herring: How to Develop and Implement an Identity Theft Protection Program,” August 20, 2008.
Consumer Financial Protection Bureau
- Panelist, “An Overview: Proposed CFPB Debt Collection Rules,” Troutman Sanders Consumer Financial Services Webinar Series, August 30, 2016.
- Co-author, "Do Statutes Of Limitation Apply To The CFPB After All?" Law360, July 23, 2015.
- Co-author, “Calif. Court Clears The Way For CFPB,” Law360, February 10, 2014.
- Presenter, "Consumer Debt Collection and New CFPB Regs, Enforcement and Litigation: Game Changes for the Industry," Strafford CLE, February 6, 2013.
- Quoted, "CFPB Looking To Tighten Rules For Student Loan Servicers," Law360, October 16, 2013.
- Presenter, “CFPB, FTC, State Regulators and Compliance,” Credit and Collection News Seminar, New York City, NY, September 17-18, 2013; Chicago, IL, October 1-2, 2013; Atlanta, GA, February 18-19, 2014.
- Quoted, “CFPB Exams Likely To Improve Without Enforcement Muscle,” Law360, October 10, 2013.
- Speaker, “Adapting to a New Regulatory and Enforcement Paradigm: The Ongoing Impact of Dodd-Frank and the Emergence of the CFPB,” American Conference Institute’s 9th National Forum on Residential Mortgage Litigation & Regulatory Enforcement, Dallas, TX, September 27-28, 2013.
- Speaker, "CFPB Examinations of Mortgage Servicing Transfers: Understanding the Proposed Guidance," The Knowledge Congress Webcast Series, August 23, 2013.
- Quoted, "5 Ways to Weather a CFPB Investigative Demand," Law360, April 19, 2013.
- Quoted, "CFPB Complaint Database Stokes Banks' Lawsuit Fears," Law360, March 28, 2013.
- "Top 5 Questions About the CFPB's "Larger Participant Rule," Corporate Counsel, January 14, 2012.
- "CFPB’s Reach Extends To 'Larger Participants' And Beyond," Law360, December 7, 2012.
- “The Consumer Financial Protection Bureau and State Attorneys General Compliance”, Credit and Collection News Webinar, November 13, 2012
- Quoted, "CFPB's Broad Doc Rquest Ruffles Feathers," Law360, September 25, 2012.
- Quoted, "Dodd-Frank Critics May Not Embrace CFPB Oversight Deal," Law360, June 04, 2012.
- Co-Author,“ Extending CFPB Supervision To Nonbanks,” Law360, January 6, 2012.
- Author, “Obama Appoints Cordray, but CFPB Battle Not Over," SNL Financial, January 4, 2012.
- “GOP Senators Block Bid of Consumer Agency Nominee,” Los Angeles Times, December 8, 2011.
- Co-Author, “The CFPB’s Authority to Regulate ‘Abusive’ Consumer Financial Products and Services,” published in Bureau of National Affairs (BNA), Securities Regulation & Law Report, December 2011.
- “Securities Lawyers Praise CFPB Plans to Warn Enforcement Targets,” The National Law Journal, November 9, 2011
- “The Consumer Financial Protection Bureau (CFPB): The New World Order,” American Conference Institute, September 20, 2011
- “Those Scary New Kids on the Block,” Corporate Counsel on Law.com, August 29, 2011
- Anthony, David N., “The Consumer Financial Protection Bureau and the Debt Collection Industry: A New Cop on the Beat,” Credit and Collection News Conference – Collection Agency Consortium, August 18, 2011.
- Anthony, David N., and Ashley L. Taylor, Jr., “The Consumer Financial Protection Bureau and the State Attorneys General: A Force Multiplier in Consumer Protection Matters,” Bloomberg Law Reports, May 25, 2011.
- Anthony, David N. and Timothy J. St. George, "Business Litigation in Virginia: The Year in Review: 2010 and Early 2011,” Virginia CLE, September 15, 2011.
- “Q&A with Troutman Sanders’ David Anthony,” Law360, August 11, 2011
- Anthony, David N. & Timothy J. St. George, "Common Law and Statutory Business Conspiracy - What They Are...Aren't," Virginia CLE, January 25, 2011.
- Anthony, David N., Hon. Dennis W Dohnal (United States Magistrate for the Eastern District of Virginia, Richmond Division), Hon. Beverly W. Snukal (Circuit Court Judge for the City of Richmond) & Hon. Barbara J. Gaden (General District Judge for the City of Richmond), "To Whom Should I Make Out the Check? Avoiding Sanctions in State and Federal Courts," Richmond Bar Associations Bench-Bar Conference, October 21, 2010.
- Anthony, David N., Timothy J. St. George, and Hon. Dennis W. Dohnal, CLE Seminar Materials, “Sanctions in the United States Court of Appeals for the Fourth Circuit and the United States District Courts for the Eastern and Western Districts of Virginia,” October 2010.
- Anthony, David N., Timothy J. St. George, Maya M. Eckstein and Hon. Robert E. Payne (United States District Judge for the Eastern District of Virginia, Richmond, Division), CLE Seminar, "Procedural Issues in Civil Litigation in the Richmond Division of the Rocket Docket," September 29, 2010.
- Anthony, David N. & Timothy J. St. George, "'Plausibility' Pleading After Twombly and Iqbal," published in American Bar Association (ABA) and the American Law Institute's (ALI) The Practical Litigator, July 2010.
- Anthony, David N., Timothy J. St. George and Robert M. Luck, III, "Court Gives Guidance on Inadvertent Waivers," published in Virginia Lawyers Weekly, June 28, 2010.
- Anthony, David N., Timothy J. St. George and Robert M. Luck, III, “Business Litigation in Virginia: The Year in Review: 2009 and Early 2010,” Virginia CLE, May 20, 2010.
- Anthony, David N., et al., “From Cradle to Grave: Regulatory Investigations Which Beget Complex Business Litigation,” Washington Metropolitan (WMACCA) Chapter of the Association of Corporate Counsel, May 18, 2009.
- Anthony, David N., “Business Litigation in Virginia: The Year in Review: 2008 and Early 2009 ,” Virginia CLE, April 2, 2009.
- Anthony, David N., Christopher G. Cwalina & Jeffrey L. Stredler, “Success with the Corporate Client in Business Litigation: Insights from In-House Counsel,” Virginia CLE, April 2, 2009.
- Anthony, David N., Megan C. Rahman and Andrea M. Sullivan, “ Hiss v. Friedberg: An Exception to the American Rule Barring an Award of Attorney’s Fees,” published in XIII VSB Litigation News 9, Spring 2009.
- Anthony, David N. & Megan C. Rahman, “ Civil Conspiracy: An Analysis of Common Law And Statutory Business Conspiracy Claims Under Virginia Law,” published in XXXV VBA News Journal, October/November 2008.
- Anthony, David N., "Business Litigation in Virginia: The Year-in-Review: 2007 (and Early 2008),” Virginia CLE, April 10, 2008.
- Anthony, David N., “Tortious Interference with Contract or Business Expectancy: An Overview of Virginia Law," published in XXXII VBA News Journal, October/November 2006.
- Anthony, David N., "Massie v. Firmstone: Limiting Parties From Rising Above Their Own Evidence," published in XXX VBA News Journal, October 2004.
- Anthony, David N. & R. Johan Conrod, Jr., “ Venue in Virginia: Putting the ‘Where’ in Wherefore," published in XXIX VBA News Journal 14, September 2003.
Civil Rights and Employment
- "Trying and Defending 42 USC Section 1983 Claims," Virginia CLE, May 1, 2003.
- Anthony, David N. & Shepherd D. Wainger, " Sovereign Immunity in Virginia: Alive and Well in the 21st Century," published in XI J. of Local Government Law, June 5, 2001.
- Anthony, David N. & Beth V. McMahon, ” Sovereign Immunity: Can the King Still Do No Wrong," published in 48 Virginia Lawyer, April 14, 2000.
- Ethical Issues for Business Lawyers, Virginia CLE, 2003-2009.
- Ethical Issues for Corporate Counsel, February 12, 2009.
- Anthony, David N., et al., “Electronic Communications & Discovery: Ethics and Confidentiality Issues,” Metropolitan Richmond Women’s Bar Association, October 3, 2007.
- Ethics and Professionalism – Key Discovery Principles, Virginia CLE, March 22, 2006.
- “Pre-Flight Check”: Conflict of Interest Issues for the Employment Lawyer, 13th Annual Employment Law Update, Virginia CLE, May 18, 2004.
Professional and Community Involvement
- Greater Richmond Stop Child Abuse Now (SCAN), Board of Directors, 2003-2009.
- Hospital Hospitality House, Board of Directors, 2003-2008.
- Richmond Ballpark Initiative, Board member (non-profit civic group seeking to relocate minor league ballpark to downtown Richmond).
- Leadership Metro Richmond, Class of 2004 (community leadership development program).
- Recipient, Pro Bono Award, Norfolk-Portsmouth Bar Association, 1994 (for organizing and running Pro Bono Hotline in which volunteer attorneys assisted the Tidewater Legal Aid Society).
Rankings and Recognition
- Washington and Lee University, J.D., 1990
- Virginia Polytechnic Institute & State University, B.A., 1987
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the Western District of Virginia
U.S. District Court for the Eastern District of Virginia
U.S. District Court for the Northern District of Illinois
U.S. Bankruptcy Court for the Eastern District of Virginia
U.S. Court of Federal Claims
Supreme Court of Virginia