Ross D. Andre

Associate

Atlanta
Business Phone: 404.885.3275
Business Fax: 404.885.3900

ross.andre@troutman.com

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Ross Andre is an associate in the Consumer Financial Services section, with a focus on Financial Services Litigation. He focuses his practice on class action defense and primarily represents companies facing claims related to consumer credit and criminal reporting. He has extensive experience defending claims under the federal Fair Credit Reporting Act ("FCRA") and Regulation V ("Reg V"), having worked on dozens of FCRA class actions and successfully first-chaired an FCRA federal jury trial. He has also litigated claims under the Telephone Consumer Protection Act ("TCPA") and Regulation Z ("Reg Z") and counseled clients on related compliance issues. He has a nationwide practice and has litigated cases in, among others: Georgia, California, Arizona, Texas, Wisconsin, Illinois, Ohio, Alabama, Kentucky, Tennessee, Florida, New York, South Carolina, and Maryland.

Ross also has substantial experience handling general commercial disputes in both state and federal court. He has litigated multiple franchisor‑franchisee disputes, serving as second chair in five private arbitration final hearings. He also has experience defending breach-of-contract claims and representing companies in emerging technology markets.

Ross graduated with honors from the Emory University School of Law, where he served as an Executive Managing Editor of the Emory Law Journal, overseeing the editing and publication of legal scholarship in six separate issues of the Emory Law Journal. He routinely speaks and presents on class action practice and consumer protection statutes.

Ross regularly provides analysis and commentary on legal and business developments in the consumer financial services industry, with a focus on background screening, through the Consumer Financial Services Law Monitor blog at cfslawmonitor.com.

Representative Matters

  • Represented a consumer reporting agency against allegations that it violated sections 1681k and 1681c of the FCRA when it provided adverse information to potential employers that was more than seven years old.
  • Represented a consumer reporting agency against allegations that it violated sections of the FCRA when it provided an allegedly inaccurate consumer report on the plaintiff to her prospective employer and failed to provide notice of the issuance of the report to the plaintiff.
  • Represented a criminal background check company in a putative class action alleging that the client violated sections 1681k, 1681g, 1681i, and 1681e(b) of the FCRA.
  • Represented a criminal background check company in a putative class action alleging that the client violated sections 1681k, 1681g, 1681i, and 1681e(b) of the FCRA.
  • Represented a criminal background check company in a putative class action alleging that the client an inaccurate consumer report to a reseller that was used in connection with the plaintiff’s application for employment. The plaintiff alleged a willful violation of section 1681e(b) of the FCRA and sought to certify a nationwide class. The case settled on an individual basis.
  • Represented a national background check company in a putative class action where the plaintiff alleged that the client willfully violated the FCRA when it prepared reports on prospective employees. The case settled on an individual basis.
  • Represented a national background check company in a case where the plaintiff alleged sections 1681d(d)(3) and 1681e(b) of the FCRA when it provided consumer reports to potential employers containing felony records allegedly not belonging to the plaintiff. The plaintiff sought to certify a nationwide class, but the case settled on an individual basis.
  • Represented a national background check company in a putative class action alleging violations of the FCRA by failing to maintain reasonable procedures to assure maximum possible accuracy and by failing to follow “strict procedures” to assure that the information it reported was complete and up to date. The case settled on an individual basis.
  • Represented a national background check company in a putative class action alleging violations of the FCRA by failing to maintain reasonable procedures to assure maximum possible accuracy. After briefing both a motion to dismiss and a motion to strike the class claims, the case settled on an individual basis.
  • Represented specialty consumer reporting agency in conducting in-depth review of FCRA compliance and preparation of recommendations for compliance enhancements.
  • Represented nationwide provider of telephone advertising services in top-to-bottom review of TCPA compliance, with focus on litigation avoidance.
  • Represented provider of medical devices in nationwide TCPA class action alleging transmission of unsolicited facsimile advertisements.
  • Representing a national background check company in a putative class action alleging violations of the FCRA by both failing to maintain reasonable procedures to assure maximum possible accuracy and by failing to follow strict procedures to assure that reported information was complete and up-to-date.
  • Representing a national background check company in a multi-plaintiff putative class action alleging violations of the FCRA by failing to maintain reasonable procedures to assure maximum possible accuracy and by including outdated non-conviction information on consumer reports.
  • Representing a specialty consumer reporting agency as nationwide counsel on any FCRA action, including handling three nationwide class actions and more than a dozen individual suits.

Publications and Speaking Engagements

  • Co-author, “Lands’ End Faces TCPA Class Action from Alleged Junk Faxes,” Class Action Reporter, March 3, 2017
  • Author and Presenter, "Fair Credit Reporting Act – Advanced Certification Presentation and Examination," National Association of Professional Background Screeners Mid-Year and Annual Conferences, April 2014 to present, twice yearly.
  • Author, "Federal Court Rules that Terms & Conditions can Provide Express Consent to Receiving Text Messages Under Telephone Consumer Protection Act," Kilpatrick Townsend Legal Alert, March 2016.
  • Author and Presenter, "Lessons from Trying an FCRA Case to a Jury Verdict: A Real-Life Case Study," National Association of Professional Background Screeners Annual Conference, September 22, 2015.
  • Co-Author, "Picking Off Class Representatives: Rule 68 Offers of Judgment and the Mootness Doctrine in Class Actions," August 2015.
  • Co-Author, "Must Class Representatives Establish Actual Injuries to Have Standing to Assert Statutory Damages for a Class?," July 2014.
  • Panelist, "Emory University School of Law Pre-Law Society Symposium," April 2014.
  • Author, "Compulsory [Mis]Joinder: The Untenable Intersection of Sovereign Immunity and Federal Rule of Civil Procedure 19, 60," Emory Law Journal 1157, 2011.

Professional and Community Involvement

  • Georgia Bar Association, Member
  • National Association of Professional Background Screeners, Education Committee, Member
  • National Association of Professional Background Screeners, June 2017 Volunteer of the Month
  • Glenn Pelham Foundation for Debate Education, Advisory Board Member

Professional Experience

  • Associate, Troutman Sanders LLP, 2016-present
  • Associate, Kilpatrick Townsend & Stockton LLP, 2012-2016

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Education

  • Emory University School of Law, with honors, Dean’s List, 2011
  • Emory University, summa cum laude, Dean's List, 2008

Bar Admissions

  • 2011 Georgia

Court Admissions

  • 2012 Georgia Court of Appeals
  • 2012 Supreme Court of Georgia
  • 2012 U.S. District Court for the Northern District of Georgia
  • 2013 U.S. District Court for the Middle District of Georgia
  • 2014 U.S. Court of Appeals for the Eleventh Circuit
  • 2015 Supreme Court of the United States
  • 2015 U.S. District Court for the Eastern District of Michigan
  • 2016 U.S. District Court for the Eastern District of Wisconsin
  • 2016 U.S. District Court for the Southern District of Illinois
  • 2017 U.S. Court of Appeals for the Seventh Circuit