David N. Anthony

Partner

Richmond
Business Phone: 804.697.5410
Business Fax: 804.698.5118

david.anthony@troutmansanders.com

vCard

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

  • Panelist, “The Supreme Court’s Spokeo Decision – A Busy Six Months,” Troutman Sanders Consumer Financial Services Webinar Series, November 10, 2016.
  • Co-author, "Future FCC Leadership Could Mean Big Changes For TCPA," Law360, January 10, 2017.
  • Co-author, "Stale Claims in Bankruptcy At High Court: Some Background," Law360, October 19, 2016.
  • Panelist, “Debt Collection and Bankruptcy,” American Bar Association Consumer Financial Services Institute, Arlington, VA, October 18, 2016.
  • Panelist, “Resellers: Compliance and Litigation Lessons Learned,” National Association of Professional Background Screeners Annual Conference, Palm Desert, CA, September 19, 2016.
  • Panelist, “An Overview: Proposed CFPB Debt Collection Rules,” Troutman Sanders Consumer Financial Services Webinar Series, August 30, 2016.
  • 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.
  • 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, “Spokeo, Inc. v. Robins: What are the Key Points for the Background Screening Industry?” National Association of Professional Background Screeners Webinar, June 14, 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

      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 (2011-2016).
      • 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, 2013-2017).
      • Named by Virginia Business as Legal Elite in Civil Litigation (2007-2015).
      • Selected by Law & Politics as a Virginia Super Lawyer in Business Litigation (2007-2016).
      • 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 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