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 Gettings is an attorney in the Financial Services Litigation practice, representing national and multinational clients in both federal and state court. The principal areas of Dave’s practice are class action lawsuit defense, complex commercial litigation, consumer law, and regulatory compliance. This includes a focus on defending corporations in class action litigation under various Federal statutes and regulations, including the Fair Credit Reporting Act (FCRA) and Regulation V (Reg V), the Telephone Consumer Protection Act (TCPA) and associated FCC regulations, the Fair Debt Collection Practice Act (FDCPA), the Truth-in-Lending Act (TILA) and Regulation Z (Reg Z), the Electronic Fund Transfer Act (EFTA) and Regulation E (Reg E), and many state equivalents.

Dave’s clients range from Fortune 100 corporations to start ups and closely held entities. Dave works effectively throughout the country both with sophisticated in-house legal departments and business leaders who may be unfamiliar with the legal process. As part of the firm’s national practice, Dave has been counsel in individual and class action cases in numerous states, including Maryland, Virginia, Georgia, Florida, Alabama, Texas, Nevada, California, Illinois, Kansas, Missouri, and Washington DC.

Dave has developed a particular focus in the defense of class action lawsuits alleging violations of the FCRA stemming from employers’ processes for conducting background checks on prospective employees. This expertise includes extensive summary judgment and class certification issues, as well as compliance advice. Dave also has significant experience representing specialty consumer reporting agencies in various types of FCRA class action litigation, including claims related to permissible purposes, accuracy of reports, investigations of inaccurate information, and disclosure claims.

Dave provides analysis and commentary on legal and business developments in the consumer financial services industry, with a focus on background screening, credit reporting and data brokers, through the Consumer Financial Services Law Monitor blog at www.cfslawmonitor.com.

Representative Matters

  • Obtained full dismissal of FCRA class action lawsuit through a motion to dismiss on the issue of a consumer reporting agency’s duties with respect to updated bankruptcy information. George v. Chex Sys., No. No. 16-2450, 2017 U.S. Dist. LEXIS 5191 (D. Kan. Jan. 12, 2017).
  • Obtained summary judgment on behalf of a large national retailer in a FCRA background check class action. This summary judgment decision was a complete win for our client, resulting in a dismissal of the entire class action complaint, with prejudice. See Costa v. Family Dollar Stores, Inc., No. 3:14cv731, 2016 U.S. Dist. LEXIS 94340 (E.D. Va. July 19, 2016).
  • Navigated large national bank through multiple simultaneous national class action lawsuits under the TCPA, ultimately resulting in nationwide settlements.
  • Defeated a motion to transfer venue brought by a Fortune 500 company in a lawsuit pertaining to an allegedly defective product. Eventually forced a very favorable settlement for our client through aggressive prosecution of, and eventual success on, a motion for sanctions based on spoliation of evidence. See Kettler Int'l, Inc. v. Starbucks Corp., 55 F. Supp. 3d 839 (E.D. Va. 2014); Kettler Int'l, Inc. v. Starbucks Corp., 81 F. Supp. 3d 495 (E.D. Va. 2015); Kettler Int'l, Inc. v. Starbucks Corp., 96 F. Supp. 3d 563 (E.D. Va. 2015).
  • Obtained favorable individual settlement on behalf of a large national retailer in a class action case alleging violations of the Fair Credit Reporting Act’s pre-adverse action provisions.
  • 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 FCRA through motion to dismiss prior to discovery.
  • In a class action case in which the plaintiff alleged that a mortgage loan servicer violated Section 1641(g) of TILA, obtained summary judgment prior to class certification on the ground that the servicer's actions fell within TILA’s safe harbor provision for loan servicers.
  • Obtained favorable individual settlement of class action litigation involving multiple alleged violations of the FCRA for national transportation company through summary judgment motion and opposition to the plaintiff’s attempt to voluntarily dismiss the claims.
  • Obtained favorable individual settlement prior to class certification for large restaurant chain in a lawsuit alleging applicant background check-related violations of the FCRA by significantly undermining the named plaintiff’s claims through extensive factual investigation.
  • 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.
  • Representing national furniture distributor in declaratory judgment action against Fortune 500 corporation pertaining to threats of breach of warranty, breach of contract, and rescission related to the quality of outdoor furniture.
  • Representing mortgage loan servicer in defense of a class action lawsuit alleging violations of borrowers’ deeds of trust by allegedly failing to comply with Federal Housing Administration regulations.
  • Provided significant compliance advice to large national transportation company pertaining to the policies and forms the company uses in order to comply with the background check provisions of the FCRA.
  • 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.
  • Drafted background check policies and forms for numerous national corporations to be implemented nationwide in accordance with the background check disclosure requirements of the FCRA.

Publications

  • Co-author, "The Good, The Bad And The Unclear In FCC's Plan For TCPA," Law360, June 5, 2015.
  • Co-author, District Court Finds That “Complete and Up to Date” Requirement of FCRA § 1681K Does Not Include an Accuracy Component, e-advisory , December 30, 2016
  • Co-author, U.S. Supreme Court Remands Spokeo in Ruling that Mere Technical, Statutory Violation Is Insufficient to Confer Article III Standing, e-advisory, May 16, 2016
  • Co-author, CFPB Imposes $13 Million FCRA Consent Order on Large Consumer Reporting Agencies Due to Employment Background Check Practices, e-advisory, November 4, 2015
  • Co-author, Avoid Becoming the Next Target of a Class Action Taking Aim at Employers’ Background Screening Forms, ­e-advisory, September 25, 2015

Rankings and Recognition

  • Selected as a Virginia "Rising Star" in Business by Law & Politics' Virginia Super Lawyers Magazine, (2016-2017).
  • Selected as a Virginia "Rising Star" in Business by Law & Politics' Virginia Super Lawyers Magazine, (2015-2016).
  • Named by Virginia Business as Legal Elite in Young Lawyers (2014).

Professional Experience

  • Associate, Troutman Sanders LLP, 2011-present
  • Law Clerk to the Honorable Mark S. Davis, United States District Court for the Eastern District of Virginia, 2010 – 2011.
  • Intern at the Department of Justice, National Security Division, Summer of 2008
  • Senior Consultant, Booz Allen Hamilton, 2005-2007
  • International Military Analyst, United States 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

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