Chad R. Fuller

Partner

San Diego
Orange County
Business Phone: 858.509.6056
Business Fax: 858.509.6040

chad.fuller@troutman.com

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Chad Fuller is a partner in the firm’s Consumer Financial Services practice with a primary focus in Financial Services Litigation. He is an accomplished trial attorney who has served as lead counsel in state and federal courts across the country in which he represents clients in consumer class actions and general business litigation.

Chad devotes his practice to representing businesses who are interested in ensuring compliance with an array of growing laws in the consumer financial services fields. He concentrates his practice on the many "alphabet soup" federal consumer protection statutes such as the Fair Debt Collection Practices Act ("FDCPA") and the Telephone Consumer Protection Act ("TCPA"). In particular, Chad is one of the few attorneys in the country that tries TCPA cases to verdict. He has managed hundreds of TCPA lawsuits in trial, mediation, and settlements. He also has substantial experience defending major consumer class action litigation in cases alleging false advertising and product defects, as well as cases alleging inappropriate charging of fees and services by a variety of businesses, including computer, software, telecommunications, home warranty, insurance brokerage, and auto finance companies. He also has experience defending privacy and security litigation and associated regulatory issues.

Representative Matters

Chad's recent class action representations include:

  • Reese v. Anthem, Inc., et al., No. 17-07940 (E.D. La. Mar. 12, 2018): Motion to Dismiss granted with prejudice in a TCPA putative class action relating to informational health care-related text messages.

  • Lindblom v. Santander Consumer USA Inc., No. 1:15-cv-00990 (E.D. Cal. January 26, 2018): Defeated Motion for Class Certification in Rosenthal Act class action.
  • Ewing v. SQM US, Inc., et al., No. 16-cv-1609 (S.D. Cal. Sept. 29, 2016): Motion to Dismiss granted with prejudice in a TCPA putative class action for lack of standing.

  • Hibler v. Santander Consumer USA Inc. - Represent Santander in a nationwide TCPA class action in connection with consumer auto finance lending and debt-collection.
  • Espejo v. Santander Consumer USA Inc. - Represent Santander in a nationwide TCPA class action in connection with consumer auto finance lending and debt-collection.
  • Blue Cross of California Website Security Cases - Represent Blue Cross of California and its parent company and affiliates in a nationwide class action involving an alleged data security breach relating to an on-line application portal.
  • OCR/HHS v. WellPoint - Represent WellPoint in an OCR/HHS investigation involving a data security incident.
  • Dolfo v. Bank of America - Represent Bank of America in a nationwide class action involving claims against the Bank’s implementation of HAMP loan modifications.
  • Mack/Newman v. GM Financial - Represent GM Financial in a nationwide TCPA class action in connection with consumer auto finance lending and debt-collection.
  • Campion v. Old Republic Home Protection - Represent Old Republic Home Protection in a nationwide class action involving home warranty plans.
  • Preziosi v. The Brunton Company - Represent Brunton in a California class action involving allegations of defective camping stoves.
  • Davis v. Carbonite - Represent Carbonite in California class action involving alleged data storage loss and violations of state and federal privacy laws.
  • MDL Pet Food Litigation - Lead counsel in a nationwide multidistrict litigation (“MDL”) involving contaminated rice protein concentrate from China. Settled case on extremely favorable terms. Handled all aspects of claims management, including cy pres funds.
  • Saulic v. Symantec - Represent Symantec in a nationwide class action involving credit card billing issues over the Internet. Defeated class certification and obtained complete dismissal.
  • Kinder v. Microsoft - Represent Microsoft in a California class action involving TCPA claims alleging improper use of predictive dialers. Case dismissed at pleading stage.
  • Cappicchioni v. AmeriCredit - Represent AmeriCredit in California class action alleging violations of California wire tapping statute. Case dismissed at pleading stage.
  • Lemieux v. HSBC - Represent HSBC in California class action alleging violation of TCPA involving collection activities. Case settled for nuisance value.
  • Slocum v. State Farm - Represent State Farm in a California class action involving installment payments of insurance premiums. Case dismissed on pleadings after three years of litigation.
  • Gregory v. Hewlett Packard - Represent HP in a nationwide consumer class action alleging that HP's Pavilion laptop computers contained a defective motherboard that caused the computers to hang, freeze and lock.
  • Gordon v. Bank of America - Successfully defended Bank of America in class action alleging that bank practices with respect to loan payoff fees violated California Civil Code section 2943 and constituted an unfair and unlawful practice pursuant to California’s Unfair Practices Act (Business and Professions Code § 17200).
  • Michaelson v. Bank of America - Represent the bank in a California class action brought under Business and Professions Code § 17200 challenging practices regarding check hold periods. After filing a demurrer and highlighting the weaknesses of the plaintiff’s claims, the case was voluntarily dismissed.
  • Washington Mutual v. Gan - Represent Washington Mutual in a class action brought under the Real Estate Settlement Procedures Act, successfully resisting class certification and discovery efforts.

Mr. Fuller’s other significant litigation matters include:

  • Beard v. Bank of America - Represent Bank of America in a complicated lease improvement dispute in downtown La Jolla dating back to the 1950s.
  • Tavant Technologies v. AmeriCredit - Represent AmeriCredit in a disputed software licensing and development agreement relating to auto finance software.
  • KITCO v. Allied Swiss Screw Products - Represent KITCO in arbitration and state court litigation arising from an asset sale and earn-out provision.
  • Oppenheimer Funds - Represented former employee in connection with FBI investigation and criminal allegations against Broadcom.
  • Selling Source v. Red River Ventures - Represent Red River Ventures, and its founders, in federal court over misappropriation of trade secret and data security claims in connection with online micro loans.
  • Sony Electronics North America - Supervise and manage SEL’s third-party subpoena program.

Presentations and Speaking Engagements

  • Co-presenter, "A TCPA in Chaos: Navigating the Circuit and District Courts Splits on the Interpretation of the TCPA Since ACA International," October 26, 2018.
  • Speaker, “Did the D.C. Circuit Short- Circuit the TCPA? Life After ACA v. FCC”, Troutman Sanders Webinar, March 20, 2018.
  • Speaker, “Game- Changers in Consumer Class Actions,” Troutman Sanders Webinar, April 17, 2018.
  • Speaker, “Debt Collection Litigation Management Best Practices,” ACA International Annual Convention and Expo, Seattle, Washington, July 16-18, 2017.
  • Panelist, “The Telephone Consumer Protection Act (TCPA): Continued Uptick in Litigation with No End in Sight and Strategies for Modifying your Practices to Avoid Liability, New Plaintiff Theories, Emerging Defense Strategies, Class Action Certification Issues, and Staying Ahead of the Curve in the Face of Complex and Unclear Rules,” American Conference Institute’s Consumer Finance Class Actions & Litigation Conference, Miami, FL, January 24, 2017.
  • Panelist, “I Love Lucy but I Don’t Love the TCPA: A Deeper Dive into the Details,” BlueCross BlueShield 2016 National Summit, Orlando, FL, May 16, 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.
  • Panelist, “Responding to and Evaluating New Claims Involving the Telephone Consumer Protection Act (TCPA) and Related State Law Claims: Practicing in the Face of Complex and Unclear Rules and Legislative Activity, the Latest Plaintiff Theories and Emerging Defense Strategies, Settlement Trends and More,” American Conference Institute 25th National Forum on Consumer Finance Class Action & Litigation, Los Angeles, CA, April 7, 2016.
  • Speaker, "The New Telephone Consumer Protection Act (TCPA) Rules: A Moving Target," Blue National Summit, April 20, 2015.
  • Speaker, “Keeping up with TCPA: Avoid Liability with Mobile Marketing,” National Constitution Center Webinar, August 6, 2014.
  • Speaker, “New Telephone Consumer Protection Act: Boon or Bane to Your Company?” The Knowledge Congress Webcast Series, March 12, 2014.
  • Presenter, "Alternatives to Formal Arbitration – Mandatory Judicial Arbitration, Judicial Reference, and Agreements to Arbitrate only Particular Issues or Claims," Bridgeport’s Consumer Class Actions in California Seminar, January 27, 2012.
  • Presenter, "Alternatives to Formal Binding Arbitration," Bridgeport’s All About Arbitration Seminar, January 13, 2012.

Publications

Professional Experience

  • Partner, Troutman Sanders LLP
  • Partner, Goodwin Procter LLP
  • Partner, Foley & Lardner
  • Judicial Extern, Honorable Napoleon A. Jones, Jr., U.S. District Court for the Southern District of California
  • From 1981-1989, Chad served in the U.S. Marine Corps and attained the rank of sergeant, meritoriously. As a sergeant, he was the honor graduate and first in his class at Non-Commissioned Officer Leadership Academy, Class 187.

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Education

  • University of San Diego, J.D., 1997
  • University of California, San Diego, B.A., 1993

Bar Admissions

  • California

Court Admissions

  • U.S. District Court for the Central District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. Court of Appeals for the Ninth Circuit