David M. Gettings

Associate

Virginia Beach
Business Phone: 757.687.7747
Business Fax: 757.687.1545

david.gettings@troutmansanders.com

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Dave is an associate in the Financial Services Litigation practice group, whose practice includes the representation of clients in both federal and state court. The principal areas of Dave’s practice are consumer law, business disputes, and complex commercial litigation. This includes a focus on defending large multinational corporations in class action litigation under various Federal statutes, including the Fair Credit Reporting Act and the Truth-in-Lending Act, among others.

Prior to his time at Troutman Sanders, Dave served as a law clerk to the Honorable Mark S. Davis, United States District Judge, United States District Court, Eastern District of Virginia, 2010-2011.

Representative Experience
Successfully obtained a $4 Million judgment for a regional bank based on assets it purchased through the FDIC by, in part, using the federal common law D’Oench Duhme Doctrine to eliminate the borrower’s defenses to liability.

Obtained dismissal of multiple class action claims against Fortune 100 company in litigation involving alleged violations the Fair Credit Reporting Act.

In a class action case in which the plaintiff alleged that a mortgage loan servicer violated Section 1641(g) of the Truth in Lending Act, successfully obtained summary judgment prior to class certification on the ground that the servicer's actions fell within Truth-in-Lending Act's safe harbor provision for loan servicers.

Representation of Fortune 500 company in class action litigation involving multiple alleged violations of the Fair Credit Reporting Act and state common law.

Secured voluntary dismissal of claims alleging the violation of representations and warranties contained in a loan purchase agreement after filing a motion to dismiss on behalf of a regional mortgage company.

Obtained summary judgment in favor of a mortgage loan servicer and the trustee of a mortgage loan trust in a case where the borrower alleged wrongful foreclosure premised on whether documents relevant to the foreclosure were executed in violation of state law.

Secured dismissal in favor of mortgage loan servicer and trustee in a lawsuit asserting federal RESPA violations as well as a right to common law rescission.

Obtained dismissal of a counterclaim asserting a breach of fiduciary duty against a large national insurance company during a federal interpleader action.

Created extensive compliance guidelines for one of the nation's top ten loan servicers pertaining to the amount of late fees the servicer can permissibly charge to borrowers under the laws of each of the fifty states.

Work Experience
Associate, Troutman Sanders LLP, 2011-present
Law Clerk, the Honorable Mark S. Davis, United States District Court for the Eastern District of Virginia, 2010 – 2011
Senior Consultant, Booz Allen Hamilton, 2005-2007
International Military Analyst, Joint Warfare Analysis Center (Department of Defense), 2004-2005

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Education

  • University of Virginia, J.D., 2010
  • College of William and Mary, B.A., 2004


Bar Admissions

  • Virginia


Court Admissions

  • U.S. District Court for the Eastern District of Virginia
  • U.S. Court of Appeals for the Fourth Circuit