David is co-chair of the firm's consumer financial services litigation practice group. During the past 20 years, he has defended hundreds of class action and single-plaintiff lawsuits brought under the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Fair and Accurate Credit Transactions Act, Telephone Consumer Protection Act, Credit Repair Organizations Act, Truth-in-Lending Act, and comparable state laws governing consumer fraud and unfair business practices. He has tried cases to verdict in state and federal courts in Illinois, Wisconsin, Michigan, Indiana, Connecticut, Florida, Virginia, North Carolina and Nevada.
David also regularly represents clients in enforcement proceedings brought by the FTC, state attorneys general, and other regulatory authorities. David recently effectively defended a credit card marketer/servicer before the U.S. Supreme Court in a case involving the enforceability of an arbitration clause in the credit card agreement.
Representation in an FDCPA class action. Barred plaintiffs' expert witness, and then obtained summary judgment in favor of defendant based on plaintiffs' failure to meet evidentiary burden to show consumer confusion. Durkin v. Certegy Check Services, Inc., 406 F.3d 410 (7th Cir. 2005)
Representation of attorney-debt collector bringing Declaratory Judgment Act claim establishing no FDCPA "overshadowing" violation; tried consumer's remaining counter-claims to a defense verdict and obtained $26,000 in sanctions against plaintiff's attorneys. Riddle & Associates, P.C. v. Kelly, 414 F.3d 832 (7th Cir. 2005).
Settlement offer letters did not violate FDCPA; rejecting Goswami. Headen v. Asset Acceptance LLC, 383 F.Supp.2d 1097 (S.D. Ind. 2005)
Affirmation of dismissal of “junk e-mail” class action alleging violations of Illinois Consumer Fraud Act) Rydel v. Comtrad, et al., Case No. 03-1878 (Illinois Court of Appeals, 1st Dist. December 29, 2004)
Defense of interlocutory appeal brought by intervenors who objected to preliminary approval of proposed FDCPA class action settlement. Liles v. American Corrective Counseling Services, Inc., 350 F.3d 742 (8th Cir. 2003)
Affirmation of summary judgment for debt buyer on grounds that debt buyer was not a "creditor" nor a "card issuer" within the meaning of TILA and not obligated to send monthly statements to debtor. Neff v. Capital Acquisitions and Management Company, Inc., 238 F.Supp.2d 986 (N.D.Ill. 2002), aff'd 352 F.3d 1118 (7th Cir. 2003)
Representation in reverse of class certification order and holding that there is no private cause of action for injunctive relief under FCRA. Washington v. CSC Credit Services, Inc., 193 F.3d 263 (5th Cir. 2000)
Representation in first decision to address standard of review on Rule 23(f) interlocutory appeals from class certification orders. Blair v. Equifax Check Services, Inc., 181 F.3d 832 (7th Cir. 1999)
Established right to collect service charges on bad checks as a form of incidental damages under UCC. Tuttle v. Equifax Check Services, Inc., 190 F.3d 9 (2nd Cir. 1999)
Selected for inclusion as a "Leading Lawyer," General Commercial Disputes, Legal 500 US, 2016
Named to “Illinois Super Lawyers,” Business Litigation, Super Lawyers, Thomson Reuters, 2005, 2006, 2008-2018
Selected for inclusion in America's Leading Lawyers for Business, Litigation: General Commercial, Illinois, Chambers USA, 2008-2016