Photo of David N. Anthony

David Anthony handles litigation against consumer financial services businesses and other highly regulated companies across the United States. He is a strategic thinker who balances his extensive litigation experience with practical business advice to solve companies’ hardest problems.

On March 24, in a case that has captured the attention of commercial lenders, the United States Supreme Court heard oral arguments on the issue of whether a Chapter 7 debtor can “strip off” junior liens on residences that are already underwater.

Most courts agree that debtors filing under Chapter 13 of the Bankruptcy Code

Last week, the Office of the Solicitor General urged the U.S. Supreme Court via amicus brief to deny Spokeo Inc.’s appeal of a Ninth Circuit decision that revived a Virginia man’s proposed class action accusing the “people search engine” of publishing false information about him.

The Solicitor General said Spokeo’s petition for a writ of

On December 2, 2014, in Stein v. Buccaneers Ltd. P’ship, No. 13-15417, — F.3d –, 2014 WL 6734819 (11th Cir. 2014), the United States Court of Appeals for the Eleventh Circuit reversed a district court order dismissing a putative class action as moot, holding that: (1) an unaccepted Rule 68 offer of judgment does not

On Saturday, March 14, 2015, the West Virginia House passed Substitute Bill No. 542 amending several sections of the West Virginia Consumer Credit Protection Act (WVCCPA). The West Virginia Senate had previously passed the Substitute Bill on March 4, 2015. The bill is now awaiting signature from the governor. If signed into law, the amendments

This month, the Consumer Financial Protection Bureau (“CFPB”) is actively finalizing a policy that will allow consumers to voice their opinions on financial companies, and the products they offer — consumer complaints can be made publicly or maintained privately.  Specifically, the CFPB’s policy will allow consumers, when submitting a complaint to the CFPB, to choose

A dispute over the scheduling of a settlement conference ended with a California federal judge ordering a law firm and a pro se plaintiff to explain why they should not be disciplined for missing a deadline set by the court.

U.S. District Judge John F. Walter gave law firm Lewis Brisbois Bisgaard & Smith LLP

The Consumer Financial Protection Bureau announced that it will be hosting a field hearing in Richmond, Virginia on payday lending.  The hearing will take place on March 26 at 12:00 noon.

The hearing will feature remarks from CFPB Director Richard Cordray, as well as testimony from consumer groups, industry representatives, and members of the public.

Following up on the failure in 2014 to implement changes to the CFPB through legislative action, on March 5, U.S. Rep. Sean Duffy (R-Wis.) reintroduced a package of bills seeking to make changes to the CFPB’s leadership structure, how data is collected from consumers, and more.

Representative Duffy is the Chairman of the House Financial

As anticipated, yesterday the CFPB announced the release of its report to Congress following the CFPB’s study of arbitration agreements in connection with offering or providing consumer financial products or services. According to the CFPB, the study’s results “indicat[e] that arbitration agreements restrict consumers’ relief for disputes with financial service providers by limiting class

On March 10, the CFPB will hold a field hearing on arbitration at 11 a.m. in Newark, New Jersey.

The event will include remarks by Richard Cordray, head of the Consumer Financial Protection Bureau, and will be held at the J. Harry Smith Lecture Hall at Essex Community College, 303 University Avenue.  Tomorrow’s field hearing