Virginia Bell Flynn

Associate

Richmond
Business Phone: 804.697.1480
Business Fax: 804.698.5109

virginia.flynn@troutman.com

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Virginia Flynn is an associate in the firm’s Consumer Financial Services practice and specifically within the Financial Services Litigation practice.  She represents clients in federal and state court, both at the trial and appellate level in the areas of complex litigation and business disputes, financial services litigation, and consumer litigation in over 21 states nationwide.

As a result of new legal developments in the financial services industry, she increasingly counsels clients to ensure they comply with the myriad of growing laws in the consumer law and financial services fields, with a particular emphasis on the many "alphabet soup" federal consumer protection statutes including the Fair Debt Collection Practices Act ("FDCPA"), the Telephone Consumer Protection Act ("TCPA"), the Fair Credit Reporting Act ("FCRA"), Regulation Z ("Reg Z") and the Electronic Funds Transfer Act ("EFTA"), as well as the impact of Dodd-Frank Wall Street Reform and Consumer Protection Act on the consumer protection landscape.

Most recently, on Sept. 29, 2016, under her counsel, Blue Shield of California and its customer satisfaction firm SQM US Inc. successfully defended a putative class claim brought under TCPA. The plaintiff’s TCPA punitive class claim was dismissed due to lack of standing required under Article III, as the plaintiff alleged that he received a single survey call without his consent made by SQM on Blue Shield’s behalf via an automated telephone dialing system ("ATDS"). In addition to his individual claim, the plaintiff sought class certification for individuals similarly situated within four years prior to the filing of the complaint. This is the first case post-Spokeo where a TCPA case has been dismissed with prejudice at the pleading stages of a case based upon a standing argument.

Virginia’s work on this case was not only successful for her client, but the decision is important to companies in similar circumstances due to the unfavorable gap between TCPA compliance and opportunistic litigants. This case effectively narrows that gap as it relates to corporate citizens simply seeking to regularly communicate with their customers. This decision was supported by the early 2016 Supreme Court decision in Spokeo, Inc. v. Robins, in which the U.S. District Court for the Southern District of California found that a plaintiff must have suffered an “injury-in-fact” for any TCPA violation to maintain Article III standing. In this case, Virginia and the team reasoned that the plaintiff’s claim of injury based on the defendant’s alleged use of an ATDS in violation with TCPA lacked standing.

Virginia provides ongoing analysis and commentary on developments in the consumer financial services industry, with a focus on regulatory developments, through the Consumer Financial Services Law Monitor blog at cfslawmonitor.com.

Representative Matters

Financial and Consumer Law Litigation

  • Ewing v. SQM US, Inc. Blue Shield of California Life & Health Insurance Company (UDSC Southern District of California 2016) Case No. 16cv1609-CAB-JLB (class case).
  • Sahakian v. Consumer Credit Counseling Service Of Greater Atlanta, Inc.et al, Case No. 3:16cv00219 (S.D. CA 2016) (class case).
  • Avila v. United Auto Credit Corporation , Case No. 1:16-cv-04568 (S.D. N.Y. 2016) (class case).
  • Mendez v Price Self Storage Management, Inc. Case No. 3:15cv2077-AJB-JLB (UDSC Southern District of CA, 2015) (class case).
  • April Lindblom v Santander Consumer USA Inc. Case No. 1:15cv00990-LJO-BAM (ED. Cal. 2015) (class case).
  • Counsel for national banking institution in TCPA and FDCPA case in federal court. Successful in moving to dismiss case with prejudice. Lee v. Wells Fargo Home Mortgage, 3:13cv00034 (W.D. Va. Dec. 13, 2013).
  • Counsel for national banking institution in TILA and RESPA in federal court. Successful in moving to dismiss case with prejudice. Burkhead v. Wachovia Home Mortg., No. 3:12cv832-JAG, 2013 U.S. Dist. LEXIS 55360 (E.D. Va. April 15, 2013).
  • Newman v. AmeriCredit Financial Services, Inc., Case No. 3:11cv3041 (S.D. Cal. 2011).
  • Counsel for national banking firm in mortgage litigation case; successfully dismissed a case with prejudice on 12(b)(6) motion.
  • First chaired a successful bench trial for a large financial services holding company.
  • Counsel for national automobile lender in FCRA suit.
  • Counsel for national take-out and delivery pizza restaurant chain in a TCPA putative class action; successful in having class dismissed.
  • Counsel for national banking institution in mortgage servicing case in state court. Successful in having the case dismissed with prejudice on demurrer and plea in bar. Successful in defending case on appeal, with case dismissed on procedural grounds.
  • Counsel for national collections agency in multiple suits in state court for claims of violation of the FDCPA and abuse of process.
  • Counsel for national debt collection agency in federal court for class-action asserted under § 1692 of the FDCPA.
  • Counsel for national collections agency in federal court for putative class action for alleged violation of the Fair Debt Collection Practices Act (FDCPA) with regard to collection of garnishment costs in post-judgment collection efforts.
  • Counsel for national collections agency in multiple suits in federal court for alleged violations of the FDCPA and the TCPA.
  • Counsel for national banking firm in federal court for putative class action for alleged violations of the TCPA and a common law claim of invasion of privacy.
  • National counsel for Fortune 200 banking institution with regard to numerous claims asserted under the Magnuson-Moss Warranty Act, FTC Holder Rule, and various state consumer protection statutes in Virginia, Nevada, Michigan, California, Missouri, Ohio, Pennsylvania, New York, and New Jersey.

Complex Litigation

  • Counsel for nationwide health insurance company in major multi-district litigation (100+ consolidated class action) involving cybersecurity.
  • Counsel for government security and defense contractor in patent infringement action against competitors. Successfully defended against motion to transfer venue for lack of jurisdiction. Ashbury International Group, Inc. v. Cadex Defense, Inc., 2012 U.S. Dist. LEXIS 134878 (W.D. Va. Sept. 20, 2012).
  • Counsel for college in federal district court seeking permanent injunction against accrediting body for violations of due process and the Higher Education Act of 1965.
  • Represented plaintiff in a successful § 1983 civil rights action alleging malicious prosecution.
  • Counsel for a roll-your-own tobacco machinery manufacturer with regard to federal regulations issued by the U.S. Treasury Department.
  • Counsel for national banking institution in state court for claim of defamation.
  • Counsel for regional banking corporation in state court in shareholder derivative suit. 

Education Law

  • Counsel for several private colleges and universities in connection with regulatory and compliance matters, including accreditation issues, mergers and substantive change transactions, internal audits and reviews, and related matters.

Counseling and Compliance

  • Counsel a national health insurance company, numerous state-based health insurance companies, and pharmacies on numerous state and federal compliance issues including TCPA and TSR.
  • Counsel a self storage company on numerous state and federal compliance issues including TCPA and TSR.
  • Counsel numerous financial services companies including national banks, creditors, debt collectors and debt buyers on numerous state and federal compliance issues including TCPA and TSR.
  • Counsel a national advertising company on numerous state and federal compliance issues including TCPA and TSR.
  • Counsel several broadcasting companies on numerous state and federal compliance issues including TCPA and TSR.

Presentations and Speaking Engagements

  • Speaker, "Navigating Risks, Threats, and Lawsuits in the Credit and Collection Industry," Lorman Education Series, July 28, 2016.
  • 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.
  • Speaker, “Keeping up with TCPA: Avoid Liability with Mobile Marketing,” National Constitution Center Webinar, August 6, 2014.

Publications

Professional and Community Involvement

  • Texas State Bar
  • Virginia State Bar
  • Virginia Bar Association, Young Lawyers Division - Communications Committee, Co-Chair 2012
  • Fairfax Bar Association
  • Member, Troutman Sanders Diversity Committee 2012-present
  • Member of ABPA, Dallas philanthropic organization, Secretary of Board 2015-2017
  • Associate Liaison to the United Way, 2012-2013

Rankings and Recognition

  • Emerson G. Spies Award, Young Lawyers Division, Virginia Bar Association, 2012.
  • Virginia's oral advocacy skills are not only outlined in her successful representative experience, but at Washington and Lee she served on the Moot Court Executive Board and was an award-winning Mock Trial Competitor in both school-wide and national competitions.

Professional Experience

  • Associate, Troutman Sanders LLP, 2011-present
  • Judicial Law Clerk, Honorable R. Terrence Ney, 19th Judicial Circuit, Fairfax, Virginia 2009-2011

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Education

  • Washington and Lee University, J.D., 2009
    Mock Trial, Finalist and Runner-Up for Best Trial Advocate, Mock Trial Competition
  • The College of Charleston, B.A., 2005
    Pi Sigma Alpha Honor Society

Bar Admissions

  • Virginia
  • Texas

Court Admissions

  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • Supreme Court of Virginia
  • U.S. Bankruptcy Court for the Eastern District of Virginia
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Southern District of Texas