Elizabeth "Liz" S. Flowers

Associate

Virginia Beach
Business Phone: 757.687.7537
Business Fax: 757.687.1546

liz.flowers@troutman.com

vCard

Liz Flowers is an associate in the firm’s Financial Services Litigation and Consumer Financial Services practice groups. She has a national practice that is focused on class action defense, consumer law, complex commercial litigation, and intellectual property litigation.

Liz represents a broad array of clients that range from Fortune 100 corporations to regional businesses in federal and state court, at both the trial and appellate level. Liz handles sophisticated high-exposure cases and regularly defends multinational banks, national loan originators and servicers, finance companies, and debt collectors against individual and class claims arising under federal and state consumer protection statutes, including the Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), Real Estate Settlement Procedures Act (RESPA) and Regulation X (Reg X), Fair Debt Collection Practices Act (FDCPA), Truth in Lending Act (TILA) and Regulation Z (Reg Z), and the West Virginia Consumer Credit and Protection Act (WVCCPA). She regularly counsels clients facing compliance with these statutes and has been counsel in matters filed in multiple states, including Virginia, West Virginia, Maryland, the District of Columbia, Illinois, Florida and Alabama, among others.

In addition to financial services litigation, Liz has experience pursuing and defending trademark and copyright claims under the Lanham Act and the Copyright Act and has favorably resolved numerous intellectual property disputes. She also represents corporations and individuals in a variety of complex commercial litigation matters, such as shareholder disputes, employee disputes, and general business litigation.

Liz provides ongoing analysis and commentary on developments in the consumer financial services industry through the Consumer Financial Services Law Monitor blog at http://www.cfslawmonitor.com/. She regularly prepares e-Alerts, circulated to clients, prospective clients, and interested parties which focus on changes to or trends in consumer protection laws and/or important federal court decisions.

Representative Matters

  • Counsel for the nation’s largest online lender in nationwide putative class action, asserting claims under the FCRA, with potential exposure in excess of $1.4 billion. Successfully earned summary judgment and dismissal of all of plaintiff’s claims. Secured decision from the Fourth Circuit Court of Appeals affirming the District Court’s grant of summary judgment in lender’s favor in its entirety. This summary judgment decision, and affirmative appellate decision, was a complete win for our client, resulting in dismissal of the entire class action complaint with prejudice.
  • Obtained summary judgment and affirmation by the Fourth Circuit in favor of national loan servicer in purported class action on the grounds that the named plaintiff’s claims under the WVCCPA were time-barred by the one-year statute of limitation. Whether the statute of limitation began to run on the date the loan was accelerated was an issue of first impression and the decision had a significant impact on litigation under the WVCCPA prior to the 2016 amendments.
  • Secured summary judgment and affirmation by the Fourth Circuit in favor of Fortune 100 international bank on debtor’s unconscionable contract claim under the WVCCPA on the grounds that an inflated appraisal, alone, is not grossly unfair. In the same case, obtained voluntary dismissal with prejudice on plaintiff’s remaining WVCCPA claims, while lender’s renewed motion for summary judgment was pending.
  • Secured summary judgment for debt collector in action asserting claims under the TCPA and the FDCPA, which was affirmed by the Fourth Circuit Court of Appeals, resulting in dismissal with prejudice of all of the consumer’s claims.
  • Secured summary judgment and affirmation by the Fourth Circuit in lawsuit involving unlawful foreclosure claims based on debtor’s allegations that securitization of mortgage bars enforcement of the lien.
  • Obtained judgment in arbitration in favor of indirect automobile finance company on all counts under the TCPA, the WVCCPA, and state law and obtained award in favor of the company for the amount of the debtor’s deficiency.
  • Obtained Rule 12 dismissal with prejudice against debtors’ claims under the FCRA for national loan servicer’s alleged failure to comply with Home Affordable Modification Program (HAMP).
  • Successfully defeated a debtor’s motion to dismiss a counterclaim for breach of the parties’ agreement, forcing a settlement very favorable for our client, a Fortune 100 international bank, in which the bank paid out nothing for claims asserted under the FCRA and state law.
  • Secured dismissal for multinational banking corporation on grounds that several of debtor’s claims were preempted by the National Bank Act (NBA), forcing favorable settlement.
  • Created extensive compliance guidelines for one of thee of nation’s top ten loan servicers pertaining to the amount of late fees the servicer may permissibly charge to borrowers under the laws of each of the fifty states.
  • Secured favorable settlements and/or judgments against defendants in over thirty copyright infringement lawsuits, representing one of the nation’s largest music rights organizations, pursuing claims for violations of the U.S. Copyright Act.
  • Counsel for Fortune 100 international bank in multiple cases filed under the FCRA, the WVCCPA, and various state laws. Successfully resolved multiple cases through favorable settlement.
  • Counsel for Fortune 100 multinational banking corporation in multiple cases filed under the WVCCPA and various state laws. Successfully resolved multiple cases through favorable settlement.
  • Counsel for national loan servicer specializing in reverse mortgages in multiple putative class action cases that challenge the servicer’s compliance with regulations promulgated by the U.S. Department of Housing and Urban Development (HUD)
  • Counsel for one of the nation’s ten largest loan servicers in multiple individual and putative class actions asserting claims under the FCRA, FDCPA, RESPA, and various state laws.
  • Counsel for national indirect automobile finance company in multiple cases, both individual and putative class actions, filed under the TCPA, the WVCCPA and various state laws.
  • Counsel for nation’s largest online mortgage originator in multiple cases, both individual and purported class actions, filed under the FCRA, WVCCPA, and various state laws.
  • Counsel for large regional bank in purported class action asserting improper servicing claims under the WVCCPA.

Professional and Community Involvement

  • Virginia State Bar
  • Virginia Bar Association, Young Lawyers Division
  • Together We Can Foundation, Board of Directors

Professional Experience

  • Associate, Troutman Sanders LLP, 2010-present

PrintPDF

Education

  • University of Virginia, J.D., 2009
    Dillard Fellow
  • James Madison University, B.B.A., Finance, magna cum laude, 2006
    Phi Kappa Phi, Beta Gamma Sigma

Bar Admissions

  • Virginia
  • West 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. Court of Appeals for the Fourth Circuit