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 May 7, the Consumer Financial Protection Bureau (CFPB) released a 538-page Notice of Proposed Rulemaking (the Rule) that would update the Fair Debt Collection Practices Act (FDCPA). The Rule would be the first major update to the FDCPA since its enactment in 1977 and gives much-needed clarification on the bounds of federally-regulated activities of

On May 30, 2019, the Second Circuit issued its decision in Kidd v. Thomson Reuters Corporation, affirming the district court’s order granting summary judgment in favor of Thomson Reuters and defining what is required to qualify as a “consumer reporting agency” (“CRA”) covered by the Fair Credit Reporting Agency, 15 U.S.C. § 1681, et

On Thursday, May 30, the United States Court of Appeals for the Fourth Circuit upheld a $61 million verdict in the closely-watched Krakauer v. Dish Network, LLC class action, finding that “the district court properly applied the law and prudently exercised its discretion.” Krakauer v. Dish Network, Case No 18-1518, slip op. at 3

Align Income Share Funding is giving consumers cash in exchange for monthly payments, but don’t call it a loan. Instead, Align offers Income Sharing Agreements (“ISAs”) whereby consumers borrow money and then pay back a fixed percentage of their income for up to five years. It’s a new financial product that’s growing in popularity,

Today the Federal Register published the Notice of Proposed Rulemaking regarding updates to the Fair Debt Collection Practices Act from the Consumer Financial Protection Bureau.

The notice in the Federal Register triggers the end date of the comment period. Businesses, consumers, and other interested parties now have until August 19, 2019 to submit comments on

Fresh off the heels of an in-depth report detailing Arizona Attorney General Mark Brnovich’s leadership and consistent scrutiny of class action settlements, the Department of Justice and twelve state attorneys general, led by Arizona, independently filed objections to a proposed nationwide class action settlement between consumers and Dial. The class settlement focused on misleading advertisements

In a 2-1 decision, the United States Court of Appeals for the Ninth Circuit held the seven-year period for reporting adverse items under § 1681c(a)(5) of the Fair Credit Reporting Act (FCRA) runs from the “date of entry” of an item and not the “date of disposition.” This case offers a detailed analysis of how

The Bureau of Consumer Financial Protection (“CFPB”) and Conduent Education Services, LLC (“CES”), a student loan servicing company formerly operating as ACS Education Services, reached a $3.9 million deal for the company’s alleged failure to provide accurate balances on more than 200,000 student loans. 

The CFPB found that CES engaged in unfair practices that violated