Alan Wingfield is an experienced business law trial attorney. Alan has represented businesses in many venues; in the last three years alone he has defended in court cases in seven states (Illinois, Maryland, Missouri, North Carolina, Pennsylvania, South Carolina, and Virginia), as well as handling arbitrations arising under the Federal Arbitration Act (FAA). Alan has particularly extensive experience in the United States District Court for the Eastern District of Virginia, the famed "rocket docket," having handled more than 120 cases in that court alone. Alan’s practice includes counseling to help businesses comply with the myriad and growing laws in the consumer law and financial services fields, with a particular emphasis on the many "alphabet soup" federal consumer protection statutes such as the Fair Credit Reporting Act (FCRA), Truth in Lending Act (TILA) and Regulation Z (Reg Z), and Equal Credit Opportunity Act (ECOA) and Regulation B (Reg B), as well as the impact of Dodd-Frank Wall Street Reform and Consumer Protection Act on the consumer protection landscape.
Financial and Consumer Law Litigation
- Represented banks, broker-dealers, a premium finance company and other entities in the financial service industry in a wide variety of non-consumer arbitration, litigation and disputes, including contract, lender liability, fiduciary liability, UCC negotiable instrument, complex creditors’ rights including judicial sales, mechanic’s liens, trust administration, securities fraud and bankruptcy adversary proceeding litigation.
- Represented banks of all sizes, mortgage companies, consumer finance companies, credit card issuers, specialized lenders, franchise and independent automobile dealers, an international oil company, and a major staffing agency in defense of, in total, more than 120 consumer law cases, including class actions, alleging a wide range of consumer law claims, including under the Fair Credit Reporting Act (FCRA), Equal Credit Opportunity Act (ECOA) and Regulation B (Reg B), Truth in Lending Act (TILA) and Regulation Z (Reg Z), Home Owner’s Equity Protection Act (HOEPA), Real Estate Settlement Procedures Act (RESPA), federal and state Odometer Acts, Expedited Funds Availability Act (EFAA), Virginia Consumer Protection Act (VCPA), other states’ Unfair and Deceptive Act and Practices Acts (UDAP), usury, common law fraud, derivative liability under the FTC Holder Rule, Articles 2, 3, 4, 9 and 9A of the Uniform Commercial Code (UCC), among others.
- Represented the nation’s largest used car retailer in class action litigation challenging sales practices.
- Represented a national consumer reporting agency in class action litigation challenging fundamental business practices.
- Represented a top-ten bank and its affiliates in multiple consumer law and other disputes of all sizes .
Counseling and Compliance
- Counseled the nation’s largest used automobile dealer on numerous state and federal law compliance issues.
- Counseled a franchise automobile dealer in compliance, transactional document drafting and numerous prelitigation dispute resolutions.
- Counseled a range of companies, such as a national background investigation company, a national retailer, and a specialized financial services company, on Gramm-Leach-Bliley Act (GLB), Fair Credit Reporting Act (FCRA), Equal Opportunity Credit Act (ECOA) and Regulation B (Reg B), Truth in Lending Act (TILA) and Regulation Z (Reg Z), and state analog statutory compliance obligations.
- Represented one of the nation’s largest coal producers in multiple contract disputes, including disputes with vendors and with customers under Article 2 of the Uniform Commercial Code (UCC) and the Convention for the International Sale of Goods (CISG).
- Represented regional mining corporation in shareholder derivative and corporate dissolution litigation brought by minority shareholders.
- Represented leading local real estate developer in defending dissolution and breach of fiduciary duty claims brought by minority member in a limited liability company.
- Represented multiple commercial landlords in counseling and litigation regarding tenant defaults, including bankruptcy representation.
- Represented regional manufacturer in prosecution of patent claims.
Other Representative Activities
- Co-author, "Future FCC Leadership Could Mean Big Changes For TCPA," Law360, January 10, 2017.
- Panelist, “How Will the Trump Administration Impact the Banking and Financial Services Industry?” Troutman Sanders Consumer Financial Services Webinar Series, December 14, 2016.
- Co-Author, “A Serious Circuit Split On Class Ascertainability,” Law360, June 30, 2016.
- Panelist, “A Year in Review – TCPA Developments Since the FCC’s Landmark Declaratory Ruling,” Troutman Sanders Consumer Financial Services Webinar Series, June 7, 2016.
- Co-author, "The Good, The Bad And The Unclear In FCC's Plan For TCPA," Law360, June 5, 2015.
- Co-author, "11th Circ. Strikes Back At Untimely 'Piggyback' Class Actions," Law360, August 10, 2015.
- Presenter, “High-Risk FCRA Reporting Issues for Furnishers,” ACA International Annual Convention & Expo, July 20, 2015.
- Co-Author, “The Good, The Bad And The Unclear In FCC's Plan For TCPA,” Law360, June 5, 2015.
- Co-author, "New York Announces Sweeping New Regulation of the Debt Collection Industry," TerraLex, March 16, 2015.
- Presenter, “UDAP and Fair Lending Update” to Institute of Continuing Legal Education in Georgia and Business Law Section of Georgia State Bar, February 6, 2015.
- Presenter, “Navigating the Dangerous Collision Between the TCPA and Collections” to the Shaw Systems Conference, February 23, 2015.
- Presenter, “Ten Commandments for Avoiding Lender Liability” to Lending Executives Committee at the Virginia Bankers Association, January 23, 2015.
- Co-author, "DriveTime Settlement Is A Sign Of The Times For CFPB," Law360, December 10, 2014.
- Co-author, "CFPB Steps Up Efforts to Fundamentally Reform Indirect Auto Finance Industry in Face of Growing Resistance," Terralex Connections, December 9, 2014.
- 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, "FCC Opinion On TCPA Consent Could Impact Debt Collectors," Law360, August 19, 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.
- Co-author, “Calif. Court Clears The Way For CFPB,” Law360.com, February 10, 2014.
- Co-author, “Enhanced Consumer Law Enforcement: Class Actions Often Follow,” Executive Counsel Magazine, December 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; Los Angeles, CA, November 12-13, 2013; Dallas, TX, December 3-4, 2013; Atlanta, GA, February 18-19, 2014.
- "Top 5 Questions About the CFPB's "Larger Participant Rule," Corporate Counsel, January 14, 2013.
- Co-author, "CFPB’s Reach Extends To 'Larger Participants' And Beyond," Law360, December 7, 2012.
- Co-Author, “Extending CFPB Supervision To Nonbanks,” Law360, January 6, 2012.
- 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.
- Member, National Association of Dealer Counsel (invitation-only national association of automobile dealer counsel).
- Volunteer, Pro Bono Hotline (Central Virginia Legal Aid Society, Inc.).
- Presenter, “Devil in the Details - Drafting to Get What You Expect When Your Contract Goes to Court” (Richmond Bar Association).
- Presenter, “What’s Going on Here? Surging Consumer Litigation – Including Class Actions – in State and Federal Court” (Va. CLE).
- Presenter, “Car Fraud Litigation” (Va. CLE).
- Presenter, “Commercial and Consumer Credit Issues for Automobile Lenders” (Client CLE).
- Presenter, “FCRA Update” (Client CLE).
- Presenter, “Data Breaches, Statutory and Regulatory Landscape” (Client CLE).
- Presenter, “Valuation of Closely-Held Companies and Professional Practices in Litigation” (Joint CLE - Virginia Society of Certified Public Accountants and Virginia State Bar).
- Author, “Fiduciary Attorney-Client Communications: An Illusory Privilege?” (8 Prob. & Prop. 60).
- Author, “U.S. Supreme Court Establishes Open Door Policy to State-Law, Federal-Court Class Actions” (Troutman Sanders Client Alert).
- Author, “New Federal Requirements Will Impose Compliance Burdens on and Raise Litigation Risks for All Furnishers of Data to Consumer Reporting Agencies” (Troutman Sanders Client Alert).
- Named, Virginia Super Lawyer in Consumer Law.
- Named, Virginia Business magazine’s Legal Elite.
- Author, Judicial Deference to Agency's Interpretation of TILA Reaches New High Water Mark, Troutman Sanders Advisory (February 1, 2011).
- Quoted, "Consumer law world of its own in Richmond court," Virginia Lawyers Weekly (April 19, 2010).
- Quoted, "Pro se divorce is on the rise in Virginia," Virginia Lawyers Weekly (August 17, 2009).
Rankings and Recognition
- AV Preeminent Rating, Martindale-Hubbell Peer Review
- Named a BTI Client Service All-Star (2011, 2014 and 2016)
- Selected by Law & Politics as a Virginia Super Lawyer in Consumer Law (2007, 2012-2016)
- Recognized in The Best Lawyers in America in Commercial Litigation (2013-2014, 2017)
- Recognized in The Best Lawyers in America in Consumer Law (2017)
- Duke University, J.D., 1987
- University of Missouri-Columbia, A.B., 1981
- University of Missouri-Columbia, B.J., 1981
U.S. District Court for the Eastern District of Virginia
U.S. District Court for the Western District of Virginia
U.S. Bankruptcy Court for the Eastern District of Virginia
U.S. Bankruptcy Court for the Western District of Virginia
U.S. Court of Appeals for the Fourth Circuit