David is a partner in Benesch’s Litigation Practice Group, Co-Chair of the Privacy Litigation & Compliance Group, and is a member of the Retail & E-Commerce and Transportation & Logistics practice groups.
Privacy & Class Action Litigation Defense
With deep expertise in consumer privacy laws, and as a Certified Information Privacy Professional, United States (CIPP/US) through the International Association of Privacy Professionals (IAPP), David represents and advises companies in individual and class action lawsuits involving federal privacy statutes such as the TCPA, Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Video Privacy Protection Act (VPPA), online tracking and advertising statutes, and analogous related state laws (CIPA, FCCPA, etc.).
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, e-commerce, video streaming, and online tracking and monitoring (cookies, pixels, etc.), are 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, customer contact, and privacy litigation.
In addition to litigation, David’s practice extends beyond the courtroom, and he counsels clients on how to develop policies and practices that comply with TCPA, the Federal Trade Commission’s Telemarketing Sales rules (TSR), the FCRA, other federal privacy and consumer protection statutes (COPPA, CAN-SPAM, CFPB regulations), and state specific laws and regulations regarding marketing, consumer credit, and customer contact. David also represents clients with respect to regulatory matters and investigations with the Federal Communications Commission (FCC) and state administrative and enforcement agencies.
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) and maintains currency on his Private Pilot certificate.
Representative Experience
- Obtained voluntary dismissal of VPPA class action involving Facebook “Meta pixel” after establishing that the plaintiff subscribed to services specifically for the purpose of manufacturing litigation.
- Won summary judgment in certified nationwide TCPA class action on the grounds that there was insufficient evidence that the seller sent or authorized the at-issue communications.
- Forced voluntary dismissal with prejudice of putative TCPA class action based on bad faith claim-splitting argument.
- Obtained dismissal of VPPA class action after establishing that the at-issue videos involving Facebook “Meta pixel” were publicly available and did not require subscription to access.
- Represented multiple defendants in class action lawsuits for alleged violations of the Florida FCCPA by sending customer contact emails between the hours of 9:00 p.m. and 8:00 a.m.
- Defended 10+ retailers involving claims under federal Wiretap Act and/or California Invasion of Privacy law concerning recording of chat conversation, use of session replay technology, and/or use of Facebook “Meta pixel.”
- Won summary judgment in TCPA action on the basis that the customer could not unilaterally revoke contractually provided consent.
- 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.
- 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.
Rated, "Excellent" - Avvo 2014
