Alan D. Wingfield

Alan Wingfield is a partner in the firm’s Consumer Financial Services practice, with a focus on Financial Services Litigation and consumer law compliance counseling. Alan has represented businesses in many venues nationally in class action and individual consumer litigation. Alan’s practice includes compliance counseling to help businesses with the myriad federal and state consumer protection laws and laws regulating financial services companies.

Firm/Organization: Troutman Sanders LLP

Blogs: Consumer Financial Services Law Monitor

Latest Articles

Consumer Financial Services Law Monitor

Court Rules that Use of Multiple Creditor Names in Debt Collection Potentially Violates FDCPA

By Elizabeth Flowers, Alan D. Wingfield & David N. Anthony on September 17, 2019

A new court decision raises important compliance issues for creditors who use an internal debt collection unit: whether separately naming the unit in a document also naming the creditor in its main business name can cause confusion, giving rise to a claim under the Fair Debt Collection Practices Act. On September 4, a U.S. district court in Florida denied a hospital’s motion for summary judgment against a patient’s claims under the FDCPA where the communication…

Consumer Financial Services Law Monitor

Federal Courts Continue to Split Over Constitutionality of TCPA Content-Specific Exemptions

By Brooke Conkle & Alan D. Wingfield on September 13, 2019

The Telephone Consumer Protection Act discriminates between types of calls based on content: persons calling to seek collection of federal debts get an exemption from TCPA requirements, while other types of calls do not. Federal courts have split over whether this discrimination is constitutional, setting up in the long term a possible Supreme Court showdown. In the meantime, federal courts continue to split on the issue. On September 5, a judge within the District of Delaware joined…

Consumer Financial Services Law Monitor

FTC Settles Charges Against SecurTest for Falsely Claiming Compliance with EU-U.S. Privacy Shield Framework

By Mark J. Windham & Alan D. Wingfield on August 26, 2019

On August 21, the Federal Trade Commission approved a final consent order settling charges that SecurTest, Inc., a background screening company, falsely claimed to be in compliance with international privacy frameworks. The EU-U.S. and Swiss-U.S. Privacy Shield frameworks establish standards for the transfer of consumer data from European Union countries and Switzerland to the United States in compliance with EU and Swiss law, respectively. The Privacy Shield program is administered by the International Trade Administration…

Consumer Financial Services Law Monitor

Third Circuit Holds Displaying Scannable QR Code on Envelopes Violates FDCPA

By Elizabeth Flowers, Ethan G. Ostroff, Alan D. Wingfield & David N. Anthony on August 14, 2019

Debt collectors beware: On August 12, the U.S. Court of Appeals for the Third Circuit held that a debt collector violates section 1692f(8) of the Fair Debt Collection Practices Act by displaying an unencrypted “quick response” (or “QR”) code on the face of an envelope containing a debt collection letter that, when scanned, reveals the debtor’s internal account number with the collection agency. Section 1692f(8) of the FDCPA prohibits a debt collector from “[u]sing any…

Consumer Financial Services Law Monitor

New York Court Allows Another “Amount of Debt” Lawsuit to Go Forward

By Maryia Y. Jones, Austin Dunn, Andrew Buxbaum, Alan D. Wingfield, Ethan G. Ostroff & David N. Anthony on August 6, 2019

The Second Circuit remains a hotbed for consumer claims under the Fair Debt Collection Practices Act related to disclosures of interest and fees in collection letters. Plaintiffs bombard New York courts with these claims, forcing courts to meticulously review every possible disclosure of amounts due. While most of these claims ultimately fail on summary judgment, some of them survive early motions to dismiss. In a recent case, Crystal Ortiz sued Advanced Call Center Technologies, LLC (“ACCT”), alleging…

Consumer Financial Services Law Monitor

Troutman Sanders Attorneys Publish Law360 Piece on Dissecting The Inherent Tension In Today’s TCPA Landscape

By Brooke Conkle, Mandi Blackmon, David M. Gettings & Alan D. Wingfield on August 5, 2019

When the U.S. Court of Appeals for the D.C. Circuit decided ACA International v. Federal Communications Commission[1] in March 2018, many viewed the decision as a potential swan song for the Telephone Consumer Protection Act. Experts predicted the FCC, buoyed by Chairman Ajit Pai, would step in quickly to reform existing regulatory guidance interpreting the statute. After all, before his promotion to chairman, Pai decried the FCC’s 2015 order interpreting the TCPA as “dramatically…

Consumer Financial Services Law Monitor

CVS Settles Nationwide TCPA Class Action Relating to Flu Shot Calls for $15M

By Jessica Lohr, Megan Burns, Virginia Bell Flynn & Alan D. Wingfield on August 3, 2019

CVS Pharmacy has agreed to pay $15 million to settle long-running claims asserted by a nationwide class of consumers who allegedly received unsolicited flu shot reminder calls. The parties filed a motion for preliminary approval of the class settlement this week in the United States District Court for the Northern District of Illinois. The underlying complaint was filed in 2014 by named plaintiffs Carl Lowe and Kearby Kaiser. The plaintiffs claimed that CVS made hundreds…

Consumer Financial Services Law Monitor

FTC Seeks Comments on Children’s Online Privacy Protection Act Rule

By Mark J. Windham & Alan D. Wingfield on July 26, 2019

On July 25, the Federal Trade Commission published a request for public comment on its implementation of the Children’s Online Privacy Protection Act (“COPPA”) through the COPPA Rule. COPPA regulates how websites and online services collect data and personal information from children. The FTC’s COPPA Rule requires that such operators who collect personal information from children under the age of 13 provide notice to parents and obtain verifiable parental consent before collecting, using, or disclosing personal…

Consumer Financial Services Law Monitor

D.C. Circuit Finds Printing 16-Digit Credit Card Number on Receipt Constitutes Concrete Injury Under Spokeo

By Elizabeth Flowers & Alan D. Wingfield on July 23, 2019

In August 2018, a sports concession company successfully moved to dismiss a class action complaint arising under the Fair and Accurate Credit Transactions Act, finding the named plaintiff lacked Article III standing because she suffered no harm. The victory was short-lived, however, as the U.S. Court of Appeals for the District of Columbia Circuit reversed the decision on July 2, finding that the plaintiff satisfied standing requirements to maintain her lawsuit. In Jeffries v. Volume…

Consumer Financial Services Law Monitor

CFPB Symposium Tackles “Abusive” in UDAAP

By Troy Jenkins & Alan D. Wingfield on July 22, 2019

The Consumer Financial Protection Bureau hosted a symposium with private attorneys to discuss the term “abusive” in “unfair, deceptive, and abusive acts and practices” (“UDAAP”) in late June. This was the first symposium, part of a symposia series, that will help the CFPB explore consumer protections in the changing financial services marketplace. There were two panels with four panelists on each panel. The first panel discussed the “abusive” policy background, and the second panel discussed…

Alan D. Wingfield

Court Rules that Use of Multiple Creditor Names in Debt Collection Potentially Violates FDCPA

Federal Courts Continue to Split Over Constitutionality of TCPA Content-Specific Exemptions

FTC Settles Charges Against SecurTest for Falsely Claiming Compliance with EU-U.S. Privacy Shield Framework

Third Circuit Holds Displaying Scannable QR Code on Envelopes Violates FDCPA

New York Court Allows Another “Amount of Debt” Lawsuit to Go Forward

Troutman Sanders Attorneys Publish Law360 Piece on Dissecting The Inherent Tension In Today’s TCPA Landscape

CVS Settles Nationwide TCPA Class Action Relating to Flu Shot Calls for $15M

FTC Seeks Comments on Children’s Online Privacy Protection Act Rule

D.C. Circuit Finds Printing 16-Digit Credit Card Number on Receipt Constitutes Concrete Injury Under Spokeo

CFPB Symposium Tackles “Abusive” in UDAAP

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