Alan D. Wingfield

Partner

Richmond
Business Phone: 804.697.1350
Business Fax: 804.698.5172

alan.wingfield@troutman.com

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Alan Wingfield is a partner in the firm’s Consumer Financial Services practice, with a focus on Financial Services Litigation and consumer law compliance counseling. Alan has represented businesses in many venues nationally in class action and individual consumer litigation. Alan’s practice includes compliance counseling to help businesses with the myriad federal and state consumer protection laws and laws regulating financial services companies. He assists particularly with the "alphabet soup" of consumer protection statutes, including:

  • Fair Credit Reporting Act (FCRA) and Regulation V (Reg V);
  • Truth in Lending Act (TILA) and Regulation Z (Reg Z);
  • Equal Credit Opportunity Act (ECOA) and Regulation B (Reg B);
  • Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR) and state law analog statutes;
  • Fair Debt Collection Practices Act (FDCPA) and state law analog statutes;
  • Electronic Fund Transfer Act (EFTA) And Regulation E (Reg E);
  • Real Estate Settlement Procedures Act (RESPA) and Regulation X (Reg X);
  • Federal and state Odometer Acts;
  • Expedited Funds Availability Act (EFAA) and Regulation CC (Reg CC);
  • The impact of Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) on the consumer protection landscape, including Unfair, Deceptive, or Abusive Acts and Practices (UDAAPs) regulation;
  • Section 5 of the Federal Trade Commission Act and regulations promulgated thereunder prohibiting unfair or deceptive acts and practices;
  • State Unfair and Deceptive Act and Practices acts (UDAP);
  • State laws regulating finance charges and the forms of consumer agreements, including usury laws and retail installment sales acts; and
  • Articles 2, 3, 4, 9 and 9A of the Uniform Commercial Code (UCC).

Alan also is experienced in handling business litigation based on contracts and federal and state securities laws, as well as defending shareholder derivative and class action claims.

Alan provides ongoing analysis and commentary on developments in the consumer financial services industry through the Consumer Financial Services Law Monitor blog at cfslawmonitor.com, and as author of client e-alerts.

Representative Matters

Financial and Consumer Law Litigation

  • Represented banks of all sizes, bank and non-bank mortgage servicers, auto finance companies, consumer finance companies, credit card issuers, specialized lenders, franchise and independent automobile dealers, and national retailers, in many individual and class action litigations under federal and state consumer protection laws.
  • Represented the nation’s largest used car retailer in class action litigation challenging sales practices.
  • Represented one of the largest banks in defense of putative FCRA class actions arising out of hiring processes.
  • 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 some of the largest health benefits companies on TCPA compliance requirements.
  • Counseled one of the largest banks in the country on a large array of state law compliance requirements.
  • Counseled a range of companies, such as a national background investigation company, a national retailer, and a specialized financial services company, on the full gamut of federal “alphabet soup” consumer protection statutes – such as the FCRA, ECOA, FDCPA, TCPA, TILA, EFTA, EFAA – as well as to state law consumer law protection statutes.

Business Litigation

  • Represented banks of all sizes, broker-dealers, extractive resource companies, transportation firms, technology firms, and national retailers, among others, 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, trust administration, securities fraud and bankruptcy adversary proceeding litigation.
  • Represented innovative technology companies, extractive resource companies, and others in shareholder disputes.
  • 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 UCC and the Convention for the International Sale of Goods (CISG).
  • 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.

Speaking Engagements and Publications

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, 2017-2018)
  • Recognized in The Best Lawyers in America in Consumer Law (2017-2018)
  • Named Virginia Super Lawyer in Consumer Law
  • Named Virginia Business magazine’s Legal Elite

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Education

  • Duke University, J.D., 1987
  • University of Missouri-Columbia, A.B., 1981
  • University of Missouri-Columbia, B.J., 1981

Bar Admissions

  • Virginia

Court Admissions

  • 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