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Joshua Davey

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Josh has nearly two decades of experience representing companies in high-stakes class action litigation, government investigations, and business disputes. A partner in Troutman Pepper’s Privacy + Cyber team and a Certified Information Privacy Professional, he has extensive experience in data breach litigation, having served as one of the court-appointed lead defense counsel for a cloud software company in one of the largest data breach multidistrict litigation proceedings in the U.S. Josh regularly litigates claims under numerous privacy laws, including the FCRA, the DPPA, and the California Consumer Privacy Act.

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In Career Counseling, Inc. v. Amerifactors Financial Group, LLC, the U.S. Court of Appeals for the Fourth Circuit upheld a district court’s decision denying class certification in a Telephone Consumer Protection Act (TCPA) case on the basis that the plaintiff failed to satisfy Rule 23’s “implicit further requirement of ascertainability.” The Fourth Circuit also upheld summary judgment against the defendant as to the individual claim finding the defendant was indeed the “sender” of the fax at issue. Each finding is discussed more fully below.

The U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) recently issued a report entitled Identity-Related Suspicious Activity: 2021 Threats and Trends highlighting threat patterns and trend information derived from financial institutions’ Bank Secrecy Act (BSA) filings for the calendar year 2021. Financial institutions are required to file suspicious activity reports no later than 30 calendar days after the initial detection of facts that could constitute suspicious activity.

Q: Does a BIPA claim accrue each time a person’s biometrics are scanned or only with the first such scan?

A: A BIPA claim accrues with each scan.

On February 17, the Illinois Supreme Court issued its long-awaited decision in Cothron v. White Castle, holding that a claim under Illinois’ Biometric Information Privacy Act…

Thursday, May 26 • 12:00 – 1:00 p.m. ET

California was the first state to enact a comprehensive state privacy bill with the California Consumer Privacy Act of 2018 (CCPA). Although the CCPA went into effect on January 1, 2020, it was significantly overhauled during California’s November 2020 General Election, when the California Privacy Rights…

The Consumer Financial Protection Bureau (CFPB) has a new target: overdraft fees. In a December 1 press call, CFPB Director Rohit Chopra targeted the use of overdraft fees in the consumer banking industry, claiming that some banks are “hooked on exploitative junk fees that can quickly drain a family’s bank account.” The CFPB, he said,…

A federal court in Michigan recently ruled that out-of-state residents have standing to sue under the Michigan Personal Privacy Protection Act (PPPA). In Lin v. Crain Communications, Inc., Case No. 2:19-cv-11889 (E.D. Mich., June 25, 2019), Gary Lin, a Virginia resident, filed a putative class-action lawsuit against Crain Communications, Inc. (Crain), a Michigan-based publishing…