Dave is a financial services litigator who defends consumer class actions and commercial litigation nationwide, with a particular focus on class actions involving credit reporting. Dave has deep experience representing companies across the credit reporting industry, including consumer reporting agencies, resellers, furnishers and end-users. This experience includes matters that span the full credit reporting landscape, including tenant screening, employment screening, mortgage underwriting, check processing, bank account opening, and many others.

Given his focus on credit reporting, Dave also co-hosts the firm’s podcast on all things credit reporting, FCRA Focus.

Dave also frequently represents banks and credit unions in addressing the complex challenges they face. For example, Dave regularly defends banks and credit unions against claims of elder financial exploitation as well as allegations of non-compliance with the Bank Secrecy Act. As a financial services litigator, Dave also represents clients in litigation involving a variety of federal and state laws, including the Military Lending Act (MLA), Telephone Consumer Protection Act (TCPA), the Fair Debt Collection Practices Act (FDCPA), the Truth in Lending Act (TILA), the Electronic Fund Transfer Act (EFTA), the Fair Credit Billing Act (FCBA).

Dave’s clients range from Fortune 100 corporations to startups and closely held entities. He works effectively with both sophisticated in-house legal departments and business leaders who may be unfamiliar with the legal process. For some clients, that entails continuous communication and input, while others prefer a more hands-off approach. Dave tailors his representation to each client’s individual needs.

• Fully prevailed on a motion to dismiss in a class action case for a national bank in the Central District of California involving allegations that the bank aided and abetted its customers’ fraud and breach of fiduciary duty.
• Defeated a motion for class certification against a consumer reporting agency in the tenant screening space in the Northern District of California by successfully highlighting the consumer’s inadequacy to serve as a class representative.
• Prevailed on a motion for judgment on the pleadings on behalf of a national tenant screening company in response to a property management company’s claim for indemnification related to a certified class action.
• Obtained a full dismissal of a class action complaint against a utility management company related to claims that the utility management company added fees that violated federal debt collection laws and state analogs.
• Successfully defeated multiple class action claims against an indirect auto lender by prevailing on multiple motions to compel arbitration and enforce the class action waiver.
• Successfully argued a motion to compel arbitration before the Eleventh Circuit on behalf of a leading restaurant company in a purported employment background check class action. Obtained a unanimous win before the Court of Appeals.
• Prevailed on summary judgment in a purported class action regarding a consumer reporting agency’s ability to furnish reports to tribal lenders. The win clarifies consumer reporting agencies’ duties with respect to credentialing and firm offers of credit.
• Obtained full dismissal through a motion to dismiss in a class action regarding a consumer reporting agency’s duties with respect to bankruptcy information. The decision provides guidance as to consumer reporting agencies’ obligations pertaining to public records.
• Procured summary judgment on behalf of a large national retailer in a purported FCRA background check class action. This decision was a complete win for the client, resulting in a dismissal of the entire class action complaint with prejudice.
• Successfully represented a leading furniture retailer against a Fortune 500 company in a lawsuit pertaining to an allegedly defective product. Eventually obtained a dispositive win for the client through a successful motion for spoliation sanctions, drastically limiting the plaintiff’s claims.
• Prevailed in a weeklong patent infringement jury trial on behalf of a leisure boat manufacturer, earning a multimillion-dollar verdict for the client, including an injunction preventing future infringement.
• Obtained a $4 million judgment for a regional bank based on assets it purchased through the Federal Deposit Insurance Corp. by, in part, using the federal common law D’Oench Duhme doctrine to eliminate the borrower’s defenses to liability.

• Benchmark Litigation: “Future Litigation Star” in Virginia (2024-2025); “40 & Under Hot List” (2018, 2020-2021, 2023)
• Virginia Rising Star in Business, Law & Politics’ Virginia Super Lawyers (2015-2016, 2016-2017)
• Legal Elite in Young Lawyers, Virginia Business (2014)