David S. Almeida is a partner in Benesch’s Litigation Practice Group, Chair of the Retail, Hospitality & Consumer Products Group, Chair of the TCPA Practice Group and Co-Chair of the Class Action Practice Group. He focuses his nationwide practice on navigating clients through class action lawsuits, complex business litigation and regulatory investigations across a variety of industry sectors including retail, telecommunications, marketing and advertising, hospitality and healthcare. He is widely recognized as an expert in consumer fraud and privacy class action defense, and was recently named an Illinois Super Lawyer following the successful defense of numerous bet-the-company class actions.
Class Action Defense
David's practice focuses on cutting edge class action defense, representing clients in a wide-range of claims, including data breach and privacy violations, state consumer fraud and deceptive business practices, false advertising and false labeling, the Telephone Consumer Protection Act (TCPA), the Fair Credit Reporting Act (FCRA), and state and federal gift card acts. Some of his recent matters include the defense of first-of-its-kind anti-gaming class actions brought against mobile application developers, consumer fraud claims asserted against mobile payment technology providers, nine-figure-exposure TCPA claims, and bet-the-company long-term care understaffing claims.
David often serves as national coordinating defense counsel for clients faced with numerous or competing class actions in multiple jurisdictions. He has participated in the defense of more than 170 class actions in state and federal courts across the country, involving all stages of the litigation and appellate processes. He is an expert in developing novel defense strategies, including the use of affirmative motions to deny class certification, early summary judgment, absent class member discovery, and survey data to defeat class actions.
David keeps his clients’ interests paramount with a keen understanding of business considerations; when settlement is appropriate, he has considerable experience in negotiating creative resolutions to class claims either on an individual or class basis.
Complex & Regulatory Litigation
David represents clients in complex litigation and regulatory investigations including lawsuits involving the Federal Trade Commission, state anti-spam statutes such as California Business & Professions Code Section 17529.5, laws regulating unfair competition and laws regulating long term care facilities such as California Health & Safety Code § 1430(b). David has also successfully defended numerous clients against third-party indemnification claims, often with millions of dollars’ worth of exposure.
Further, David's practice frequently extends outside the courtroom to government regulatory agencies including the Federal Communications Commission (FCC) and Federal Trade Commission (FTC). He has used regulatory petitions and proceedings to obtain prospective and retroactive relief for his clients, ensuring broad protection against possible litigation from both the government and private parties. He has also successfully petitioned government agencies for new rules and regulations on behalf of clients.
Privacy & Marketing Counseling
In addition to his litigation practice, David also has a leading privacy and compliance counseling practice. Clients often call on him to design privacy policies, evaluate data privacy practices and provide training on best practices. Further, David provides compliance counseling advice regarding a host of direct marketing, mobile and electronic commerce and loyalty program issues, with a particular emphasis on emerging technologies. He also counsels clients on compliance with FTC and state trade regulations, the Children's Online Privacy Protection Act (COPPA), the CAN-SPAM Act, the Telemarketing Sales Rule (TSR) and "do not call" registries, the Payment Card Industry (PCI) data security standards and the Health Insurance Portability and Accountability Act (HIPAA) and HITECH regulations.
Finally, David is a prominent authority on privacy, direct and mobile marketing, emerging payment systems, as well as social and digital media issues. He is a frequent author and speaker on such topics, and is often called upon by local and national publications for comment. David has also taught a popular seminar on the legal aspects of marketing and consumer class actions at Loyola University Chicago’s Quinlan Graduate School of Business.