David N. Anthony

Partner

Richmond
Business Phone: 804.697.5410
Business Fax: 804.698.5118

david.anthony@troutmansanders.com

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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.

Representative Matters

Financial Services

  • 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.

Commercial Litigation

  • 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

Financial Services

Consumer Financial Protection Bureau

Commercial Litigation

Civil Rights and Employment

Legal Ethics

  • 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

  • Recognized as one of America's Leading Lawyers for Litigation Law by Chambers USA (2011-2014).
  • Recognized as AV Rated by Martindale-Hubbell Peer Review.
  • Listed as a "Local Litigation Star" by Benchmark Litigation for the State of Virginia (2008-2011, 2013-2015).
  • Named by Virginia Business as Legal Elite in Civil Litigation (2007-2013).
  • Selected by Law & Politics as a Virginia Super Lawyer in Business Litigation (2007-2014).
  • Chair, Virginia Bar Association, Civil Litigation Section (2006-2008).

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Education

  • Washington and Lee University, J.D., 1990
  • Virginia Polytechnic Institute & State University, B.A., 1987

Bar Admissions

  • Virginia

Court Admissions

  • U.S. Court of Appeals for the Fourth 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. Court of Federal Claims