David N. Anthony

David is an experienced trial attorney with a concentration in litigating financial services and business disputes, including class actions related to the FCRA, FDCPA, TCPA and other consumer protection statutes.

Firm/Organization: Troutman Sanders LLP

Blogs: Consumer Financial Services Law Monitor

Latest Articles

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

7th Circuit: ‘Secure Message’ Email Not a ‘Communication’ Under the FDCPA – Electronic Delivery of Validation Notice Questioned

By David N. Anthony, Ethan G. Ostroff, Jim Trefil, Jonathan Floyd & Stephen Lozier on August 13, 2019

On August 8, 2019, in Lavallee v. Med-1 Solutions, LLC, No. 17-3244 (7th Cir. 2019), the Seventh Circuit Court of Appeals rejected a debt collector’s argument that its email, which contained only a “secure message” hyperlink, was a “communication” under the Fair Debt Collection Practices Act (FDCPA) because the email did not convey any information about the debt. The Court also found that the email did not adequately convey the required § 1692g disclosures…

Consumer Financial Services Law Monitor

Congress Urged to Regulate Income Share Agreements

By John Hardison, Jon S. Hubbard, Ethan G. Ostroff & David N. Anthony on August 8, 2019

On June 25, a group of twenty education organizations and individuals sent a letter to Congress urging it to regulate the use of income share agreements, or “ISAs” – an increasingly popular means of financing higher education. The letter was sent to the House Financial Services Committee and Senate Finance Committee, requesting legislation “that provides protections for student consumers and a legal framework to guide the work of institutions and providers.” What are ISAs? ISAs…

Consumer Financial Services Law Monitor

Judge Grants Motion to Dismiss in FDCPA Case Over Letter Sent to Attorney

By Kendall Hamilton Tan, David M. Gettings & David N. Anthony on August 7, 2019

On July 30, a district court judge in the Southern District of California granted a defendant debt collector’s motion to dismiss under Rule 12(b)(6) for failure to state a claim. The Court held that the collection letters sent by Capital Management Services, LP (“CMS”) did not constitute violations of the Fair Debt Collection Practices Act because the letters were sent to plaintiff Linda D. Swartzlander’s attorney, who bore the brunt of the debt collection communications, such…

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

CFPB Extends Comment Period for FDCPA Rulemaking Until September 18

By Punit Marwaha, Ethan G. Ostroff & David N. Anthony on August 6, 2019

On August 2, the Consumer Financial Protection Bureau announced that it would be extending the public comment period on its Notice of Proposed Rulemaking (“NPRM”) to amend Regulation F as part of implementing the Fair Debt Collection Practices Act. The CFPB announced that it is extending the public comment deadline to September 18, 2019. On May 7, the CFPB issued a NPRM proposing to amend Regulation F, 12 C.F.R. part 1006, to prescribe Federal rules…

Consumer Financial Services Law Monitor

U.S. Government Wins Lawsuit Against Student Loan Collection Companies, Paving Way for Big Changes to Federal Student Loan Servicing Industry

By Allison Melton, Jason E. Manning & David N. Anthony on August 5, 2019

A recent ruling by the U.S. Court of Federal Claims has made it more likely that an ambitious overhaul of the federal student loan servicing industry will be forthcoming. As background, the U.S. Department of Education has announced plans to make sweeping changes to the student loan industry by requiring that its loan servicers be able to service the loans throughout the loan’s entire life cycle, from origination to payoff. The plan, called Next Generation…

Consumer Financial Services Law Monitor

FTC Sues Cambridge Analytica for Deceptive Practices

By Alexander King & David N. Anthony on July 29, 2019

On July 24, the Federal Trade Commission filed an administrative complaint against Cambridge Analytica, alleging that the company deceived consumers by falsely claiming it did not collect any personally identifiable information from Facebook users. The FTC alleges that Cambridge Analytica in fact collected users’ Facebook User ID—which can include users’ real names—as well as other personal information such as their gender, birthdate, location, and their Facebook friends list. Cambridge Analytica then used this information to…

Consumer Financial Services Law Monitor

Court Rules Explanation of Law Firm’s Role as Debt Collector Was Sufficient for FDCPA

By Kathleen M. Knudsen, David M. Gettings & David N. Anthony on July 29, 2019

Aspiring plaintiffs continue to litigate the issue of an attorney’s role in sending debt collection letters. Under the Fair Debt Collection Practices Act, a debt collector may not use false or misleading representations in the collection of a debt. 15 U.S.C. § 1692(e). In Bencomo v. Forster & Garbus LLP, et al., No. 18-cv-1259 (E.D. Wis. July 15, 2019), plaintiff Modesta Bencomo alleged that the debt collector on her Target credit card violated the FDCPA by…

Consumer Financial Services Law Monitor

Changes Coming to the FCRA? House Financial Services Committee Votes in Favor of Reform Legislation

By H. Scott Kelly, Ethan G. Ostroff & David N. Anthony on July 25, 2019

Decorative Scales of Justice in the Courtroom

On July 11, the Financial Services Committee of the U.S. House of Representatives held a hearing entitled “Who’s Keeping Score? Holding Credit Bureaus Accountable and Repairing a Broken System.” The hearing involved a series of bills that would potentially reform the Fair Credit Reporting Act. The proposed bills, which were advanced on a party-line vote (all Democrats voting in favor), included: The Restricting Use of Credit Checks for Employment Decisions Act, which would ban the…

David N. Anthony

Third Circuit Holds Displaying Scannable QR Code on Envelopes Violates FDCPA

7th Circuit: ‘Secure Message’ Email Not a ‘Communication’ Under the FDCPA – Electronic Delivery of Validation Notice Questioned

Congress Urged to Regulate Income Share Agreements

Judge Grants Motion to Dismiss in FDCPA Case Over Letter Sent to Attorney

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

CFPB Extends Comment Period for FDCPA Rulemaking Until September 18

U.S. Government Wins Lawsuit Against Student Loan Collection Companies, Paving Way for Big Changes to Federal Student Loan Servicing Industry

FTC Sues Cambridge Analytica for Deceptive Practices

Court Rules Explanation of Law Firm’s Role as Debt Collector Was Sufficient for FDCPA

Changes Coming to the FCRA? House Financial Services Committee Votes in Favor of Reform Legislation

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