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

Eleventh Circuit Affirms $250K Compensatory Damages Award and Allows a $1 Million Punitive Damages Award in Individual Mixed-File FCRA Action

By David N. Anthony, Cindy D. Hanson, Alan D. Wingfield, H. Scott Kelly & Andrew Hemby

January 17, 2020

On January 9, 2020, the United States Court of Appeals for the Eleventh Circuit issued its decision in Williams v. First Advantage Lns Screening Solutions, a case watched closely by the background screening industry. In Williams, the Court affirmed a $250,000 compensatory damages award and reduced a $3.3 million punitive damages award to $1 million in an individual mixed-file claim brought pursuant to 15 U.S.C. § 1681e(b) of the Fair Credit Reporting Act (FCRA). The…

Consumer Financial Services Law Monitor

Join Us on March 11th for a Strafford Webinar: Bank Overdraft Fee Litigation and Regulatory Developments: Minimizing Liability Exposure

By Alan D. Wingfield

January 17, 2020

We are pleased to announce that Troutman Sanders attorney Alan Wingfield will be presenting during a Stafford Webinar titled, “Bank Overdraft Fee Litigation and Regulatory Developments: Minimizing Liability Exposure” on March 11th, 2020 from 1:00-2:30pm. This CLE webinar will provide counsel for financial institutions with an analysis of recent litigation and regulatory trends impacting overdraft and return item fees. The panel will discuss steps that institutions can take to minimize regulatory and litigation risks. The…

Consumer Financial Services Law Monitor

Supreme Court Puts TCPA on Constitutional Chopping Block; Will it Swing the Axe?

By Brooke Conkle, Mandi Blackmon, David M. Gettings, David N. Anthony, Virginia Bell Flynn, Ethan G. Ostroff & Alan D. Wingfield

January 13, 2020

The United States Supreme Court has agreed to consider a challenge to the constitutionality of the Telephone Consumer Protection Act (TCPA). On Friday, January 10, 2020, the Supreme Court issued orders from the justices’ conference, which included an order for oral argument in Barr v. American Association of Political Consultants – a case involving a challenge to the TCPA’s special exemptions. In April, the Fourth Circuit struck down a provision of the TCPA that exempted government-backed debts…

Consumer Financial Services Law Monitor

Two Bills Amending FCRA Progress in House of Representatives

By Lillian Macartney & Alan D. Wingfield

January 3, 2020

Shortly before the end of the year, two bills, introduced in the U.S. House of Representatives earlier in 2019, that seek to amend the Fair Credit Reporting Act (“FCRA”) were amended and reported out by the House Committee on Financial Services for consideration by the full House. H.R. 3622, titled “Restoring Unfairly Impaired Credit and Protecting Consumers Act,” was introduced by Rep. Rashida Tlaib (D-Mich.). This bill would amend the FCRA to, among other…

Consumer Financial Services Law Monitor

Troutman Sanders Attorneys Publish Law360 Article, “The Top 10 TCPA Cases of 2019”

By David N. Anthony, Virginia Bell Flynn, Chad R. Fuller, Alan D. Wingfield, Brooke Conkle & Tina Safi Felahi

January 2, 2020

With the ever-changing case law surrounding the Telephone Consumer Protection Act, staying up to date with what cases are relevant and where courts stand on certain, very important definitions, can be an almost impossible task. Further, in the 28 years since the TCPA was enacted, the legislation has been considered outdated by many companies. As industry groups continue to challenge several aspects of the Federal Communications Commission’s interpretation of the TCPA, courts have also increasingly…

Consumer Financial Services Law Monitor

A Lost Gamble on Enforcement of Electronic Terms and Conditions in a Browsewrap Agreement

By Troy Jenkins & Alan D. Wingfield

December 27, 2019

On December 20, the Ninth Circuit affirmed the Washington district court’s decision that denied Huuuge, Inc.’s bid to arbitrate a proposed class action based on a browsewrap agreement. In Wilson v. Huuuge, Inc., No. 18-36017, 2019 U.S. App. LEXIS 37952 (9th Cir. Dec. 20, 2019), the Ninth Circuit held that “because Huuuge did not provide reasonable notice of its Terms of Use, the app user did not unambiguously manifest assent to the terms and conditions…

Consumer Financial Services Law Monitor

Court Rejects FDCPA Claim Based on Allegedly Inaccurate Credit Reporting

By Mark J. Windham, Alan D. Wingfield & David N. Anthony

December 27, 2019

The U.S. District Court for the Middle District of Florida has awarded summary judgment in favor of a furnisher on a consumer’s claims brought under the Fair Debt Collection Practices Act. The dispute arose out of credit reporting on the account. The plaintiff asserted that the furnisher violated credit reporting standards by inaccurately identifying the “original creditor”; the Court rejected the theory that an inaccurate credit reporting violated the FDCPA and dismissed the claim. Plaintiff Kerry…

Consumer Financial Services Law Monitor

PayPal Does Not Love the CFPB’s Prepaid Card Rule

By Troy Jenkins & Alan D. Wingfield

December 23, 2019

On December 11, PayPal, Inc. filed suit against the Consumer Financial Protection Bureau in the United States District Court for the District of Columbia alleging that the CFPB’s Prepaid Card Rule (“the Rule”) represents a “category error” and violates the First Amendment. At issue is the applicability of the Rule to digital wallets compared to general purpose reloadable cards (“GPR cards”). The CFPB subjects both GPR cards and digital wallets to the Rule. PayPal’s primary…

Consumer Financial Services Law Monitor

Yet Another Court Weighs in on Constitutionality of the TCPA

By Brooke Conkle & Alan D. Wingfield

December 10, 2019

As the world waits to see whether the United States Supreme Court will consider the constitutionality of the Telephone Consumer Protection Act, a magistrate judge in the United States District Court for the Southern District of Florida recently weighed in on the issue, denying a defendant’s motion to dismiss a class action where the defendant contended that the TCPA unconstitutionally limits commercial speech. In Grigorian v. Tixe Realty Services, the defendant sought to expand…

Consumer Financial Services Law Monitor

CFPB Weighs in on Key Background Check Issue: What is an Adequate Basis to Attribute a Criminal Record to an Individual?

By Cindy D. Hanson, Julie D. Hoffmeister, David N. Anthony, Alan D. Wingfield, Tim J. St. George & Ronald I. Raether, Jr.

November 26, 2019

A major background check vendor has settled charges by the Consumer Financial Protection Bureau (CFPB) that matching practices – the bases by which it attributes a criminal record to a specific individual – violated the Fair Credit Reporting Act (FCRA). At bottom, the settlement attempts to establish a standard that name and Date of Birth matching alone is insufficient to comply with the FCRA’s accuracy requirements, “three-factor” matching (name, DOB and address for example) is…

Alan D. Wingfield

Eleventh Circuit Affirms $250K Compensatory Damages Award and Allows a $1 Million Punitive Damages Award in Individual Mixed-File FCRA Action

Join Us on March 11th for a Strafford Webinar: Bank Overdraft Fee Litigation and Regulatory Developments: Minimizing Liability Exposure

Supreme Court Puts TCPA on Constitutional Chopping Block; Will it Swing the Axe?

Two Bills Amending FCRA Progress in House of Representatives

Troutman Sanders Attorneys Publish Law360 Article, “The Top 10 TCPA Cases of 2019”

A Lost Gamble on Enforcement of Electronic Terms and Conditions in a Browsewrap Agreement

Court Rejects FDCPA Claim Based on Allegedly Inaccurate Credit Reporting

PayPal Does Not Love the CFPB’s Prepaid Card Rule

Yet Another Court Weighs in on Constitutionality of the TCPA

CFPB Weighs in on Key Background Check Issue: What is an Adequate Basis to Attribute a Criminal Record to an Individual?

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