David is a partner in Benesch’s Litigation Practice Group, Chair of the Consumer Privacy & Protection Defense Group, and Co-Chair of the TCPA Litigation & Compliance Group.
Consumer & Class Action Litigation Defense
David focuses his practice advising and defending companies against individual and class action lawsuits involving consumer privacy and protection laws, with a particular emphasis on federal statutes such as the Telephone Consumer Protection Act (TCPA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), and Electronic Funds Transfers Act (EFTA), as well as similar state law claims governing fraud, advertising, and deceptive business practices (RFDCPA, FCCPA, OCSPA, etc.) with respect to consumers.
David has defended claims of all sizes across the country, from small individual lawsuits through class actions involving billion dollar exposures, for companies of all sizes, and has the privilege of serving as national counsel for several Fortune 500 companies, responsible for coordinating litigation and strategies throughout the country. Text messages, telemarketing, mobile communications, e-commerce, digital advertisements, and even fax advertisements are all governed by a significant patchwork of various federal and state laws. David is an expert not only in the applicable law, but also in understanding the technologies that are central to developing novel and sophisticated defenses in advertising and privacy litigation.
In addition to litigation, David’s practice extends beyond the courtroom, and he counsels clients on how to develop mobile, telemarketing, and text message policies and practices that comply with TCPA, the Federal Trade Commission’s Telemarketing Sales rules (TSR), the FDCPA, other federal privacy and consumer protection statutes (COPPA, CAN-SPAM, CFPB regulations), and state specific laws and regulations regarding marketing and advertising. David also represents clients with respect to regulatory matters with the Federal Communications Commission (FCC), Federal Trade Commission (FTC), and state administrative agencies advocating on behalf of his clients.
Transportation & Aviation
As a member of the Transportation & Logistics group, David represents motor carriers, air carriers, brokers, and forwarders in a wide variety of business, cargo, and privacy claims. David has also defended carriers in a variety of class action lawsuits, including class action lawsuits alleging violations of the Truth-In-Leasing Regulations, FLSA, and the transportation-industry specific requirements under the Fair Credit Reporting Act.
David also assists pilots, aircraft owners, and businesses on a wide variety of aviation specific matters, including airport classification and compliance, leaseback and purchase agreements, charter agreements, and Part 107 remote pilot and UAS registration and compliance. David is a member of the Aircraft Owners and Pilots Association (AOPA), the Aviation Committee of the Defense Research Institute (DRI), and Lawyer Pilots Bar Association, and maintains currency on his Private Pilot certificate.
Representative Experience
- Obtained summary judgment on behalf of financial institution for alleged violations of Fair Credit Reporting Act for allegedly misreporting spouse as co-holder of account.
- Successfully forced voluntary dismissal of a putative class action alleging violations of California Labor Laws.
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Obtained summary judgment on behalf of defendant in Telephone Consumer Protection Act claim on grounds that the consumer did not use a reasonable method of attempting to revoke consent.
- Won motion to dismiss claim involving serial-plaintiff for alleged violations of the Telephone Consumer Protection Act, Ohio Telephone Solicitation Act, and Ohio Consumer Sales Practices Act.
- Successfully defeated nationwide putative class action for alleged violation of the Telephone Consumer Protection Act by compelling arbitration on an individual basis despite the consumer contesting that she was not bound by arbitration agreement.
- Represent and advise airports on FAA airport compliance and reporting requirements.
- Represented businesses in Part 107 Remote Pilot and UAV certification, compliance, and airspace regulations.
- Obtained denial of class certification against motor class in nationwide class action alleging breach of contract, fraud, and violations of the Truth In Leasing regulations.
- Represent aircraft owners and purchases in leaseback and purchase agreements.
- Obtained voluntary dismissal of nationwide putative class action against retailer of consumer products, alleging violations of the Telephone Consumer Protection Act, 47 USC 227(b).