- J.D. Cornell Law School, 1999, Associate and Editor of the Cornell Law Review
- B.A., Salisbury University, 1995, summa cum laude
- New York
- Eastern and Southern Districts of New York
- Eastern and Western Districts of Wisconsin
- Northern District of Illinois (including Trial Bar)
- Western District of Michigan
- United States Court of Appeals for the Second, Sixth, Seventh, and Eleventh Circuits
David S. Almeida is a partner in the Business Trial Practice Group in the firm's Chicago office. He is a Co-Team Leader of the firm’s Consumer Class Action Defense Team, the Telephone Consumer Protection Act Group, and the firm's Retail Law Group. He is also an active member of the firm’s Privacy and Data Security, Food and Beverage, Hospitality and Healthcare groups.
Mr. Almeida focuses his nationwide practice on navigating clients through class action lawsuits, complex business litigation and regulatory investigations across a variety of industry sectors including retail, telecommunications, marketing and advertising, hospitality and healthcare. He is widely recognized as an expert in consumer fraud and privacy class action defense, and was recently named an Illinois Super Lawyer following the successful defense of numerous bet-the-company class actions.
Areas of Practice
Class Action Defense.
Mr. Almeida's practice focuses on cutting edge class action defense, representing clients in a wide-range of claims, including data breach and privacy violations, state consumer fraud and deceptive business practices, false advertising and false labeling, the Telephone Consumer Protection Act (TCPA), the Fair Credit Reporting Act (FCRA), and state and federal gift card acts. Some of his recent matters include the defense of first-of-its-kind anti-gaming class actions brought against mobile application developers, consumer fraud claims asserted against mobile payment technology providers, nine-figure-exposure TCPA claims, and bet-the-company long-term care understaffing claims.
Mr. Almeida often serves as national coordinating defense counsel for clients faced with numerous or competing class actions in multiple jurisdictions. He has participated in the defense of more than 170 class actions in state and federal courts across the country, involving all stages of the litigation and appellate processes. He is an expert in developing novel defense strategies, including the use of affirmative motions to deny class certification, early summary judgment, absent class member discovery, and survey data to defeat class actions.
Mr. Almeida keeps his clients’ interests paramount with a keen understanding of business considerations; when settlement is appropriate, he has considerable experience in negotiating creative resolutions to class claims either on an individual or class basis.
Complex & Regulatory Litigation.
Mr. Almeida represents clients in complex litigation and regulatory investigations including lawsuits involving the Federal Trade Commission, state anti-spam statutes such as California Business & Professions Code Section 17529.5, laws regulating unfair competition and laws regulating long term care facilities such as California Health & Safety Code § 1430(b). Mr. Almeida has also successfully defended numerous clients against third-party indemnification claims, often with millions of dollars’ worth of exposure.
Further, Mr. Almeida's practice frequently extends outside the courtroom to government regulatory agencies including the Federal Communications Commission (FCC) and Federal Trade Commission (FTC). He has used regulatory petitions and proceedings to obtain prospective and retroactive relief for his clients, ensuring broad protection against possible litigation from both the government and private parties. He has also successfully petitioned government agencies for new rules and regulations on behalf of clients.
Privacy & Marketing Counseling.
In addition to his litigation practice, Mr. Almeida also has a leading privacy and compliance counseling practice. Clients often call on him to design privacy policies, evaluate data privacy practices and provide training on best practices. Further, Mr. Almeida provides compliance counseling advice regarding a host of direct marketing, mobile and electronic commerce and loyalty program issues, with a particular emphasis on emerging technologies. He also counsels clients on compliance with FTC and state trade regulations, the Children's Online Privacy Protection Act (COPPA), the CAN-SPAM Act, the Telemarketing Sales Rule (TSR) and "do not call" registries, the Payment Card Industry (PCI) data security standards and the Health Insurance Portability and Accountability Act (HIPAA) and HITECH regulations.
Finally, Mr. Almeida is a prominent authority on privacy, direct and mobile marketing, emerging payment systems, as well as social and digital media issues. He is a frequent author and speaker on such topics, and is often called upon by local and national publications for comment. Mr. Almeida has also taught a popular seminar on the legal aspects of marketing and consumer class actions at Loyola University Chicago’s Quinlan Graduate School of Business.
- Illinois Super Lawyer, Super Lawyers, 2015, 2016, 2017
- Media, Technology and Telecoms, Legal 500, 2014
- Chicago's Rising Stars, National Law Journal, 2013
- Award for Excellence in Pro Bono Service
- Obtained dismissal of FACTA class action for lack of Article III standing following Spokeo.
- Lead trial counsel for mobile video game company defending first-of-its-kind anti-gaming class action claims concerning micro-transactions in free-to-download mobile applications, obtaining dismissal with prejudice.
- National TCPA class action counsel for Zimmer Biomet, defending multiple TCPA actions brought against its subsidiary.
- National FACTA counsel for one of the country's largest software providers.
- Lead trial counsel for international public company defending numerous state and federal consumer fraud class action lawsuits regarding the implementation of Ventra, a contactless mobile payment system for the City of Chicago.
- National class action counsel for one of the largest long-term care facilities in the country.
- Obtained dismissal of TCPA class action brought against CVS over prescription refill reminder messages before even filing an answer.
- Obtained outright dismissal of claims against prominent hospitality company in TCPA class action involving issue of first impression as to whether friend-forwarded text messages violate the TCPA.
- Lead trial counsel for MegaPath Corporation in nationwide consumer fraud class action involving allegations that email and domain hosting services did not perform as warranted.
- Obtained stays of multiple TCPA actions pending resolution of pending Supreme Court cases and D.C. Circuit appeals.
- Obtained outright dismissal of third-party indemnification claims in a multi-million dollar Fair and Accurate Credit Transactions Act (FACTA) indemnification suit.
- Lead trial counsel for world’s largest quick service restaurant (QSR) in nationwide class action asserting that the provision of merchant copy of receipts violated FACTA.
- Lead trial counsel for the largest U.S. distributor of industrial, medical and specialty gases in nationwide class action asserting violations of FACTA.
- Lead trial counsel for Fortune 500 medical technologies company (and various subsidiaries) in putative class action lawsuit asserting that allegedly unsolicited faxes announcing upcoming seminars were advertisements under the TCPA.
- Lead trial counsel for publicly traded company that provides practice management and electronic health records (EHR) technology in defense of nationwide class action asserting TCPA violations.
- Lead trial counsel for international Fortune 500 and largest independent franchisee group in class action alleging calls announcing recent acquisition were advertisements in violation of the TCPA.
- Defense of Ryder Truck in consumer fraud class action over allegations that various itemized charges were not adequately disclosed in consumer agreements.
- Lead trial counsel for many other publicly traded and closely-held companies in various class action lawsuits asserting myriad statutory and common law theories.
- Bloomberg BNA: Privacy Law Watch, May 31, 2016
- Inside Counsel, June 23, 2015
- "Game-Changer: Spokeo Revamps Standing for Statutory Class Actions," Corporate Counsel, May 18, 2016
- "How to Design Mobile Games to Avoid Anti Gambling Statutes," App Developer Magazine, April 6, 2016
- "Class Action Settlements and Attorneys' Fees," Practical Law, February 2016
- "When is an 'Injury' Not Really an Injury? Article III and Statutory Standing, a Comment on Spokeo, Inc. v. Robins No. 13-1339 (U.S. OT 2015)," Inside Counsel, November 10, 2015
- "How to Settle a Class Action in the 7th Circuit," Corporate Counsel, November 5, 2015
- "Dazed and Confused: The TCPA's Health Care-Related Call Exemption," Bloomberg BNA, April 9, 2015
- "Mobile Marketing Class Actions 2.0: Novel TCPA Claims," Law360, August 8, 2012
- "New Privacy Framework Poses Challenges for Digital Stakeholders," American Bar Association Consumer Rights Newsletter, Spring 2012
- "Challenges For Digital Cos. In Privacy Bill of Rights," Law360, March 21, 2012
- "From the Experts: Fighting Back Against Statutory Penalty Class Actions," Parts I & II, Corporate Counsel, February 2012
- "Who's Tweeting Whom?: Ownership of Digital Media Communities in Becoming an Increasingly Contentious (and Litigated) Issue," Law360, February 13, 2012
- "Mobile Medical Applications Drawing Increased Regulatory Attention," American Health Lawyers Association, Practice Group, Healthcare Liability & Litigation Health Briefs, October 2011
- "Sheriffs of the Digital World - FTC's Commitment Further Bolstered, Settles with Twitter, Google (Among Others)," Bloomberg Law (Technology) Reports, June 13, 2011
- "FTC Files Suit to End Abusive Mobile Marketing Campaign," Mobile Commerce Daily, May 6, 2011
- "Illinois Supreme Court Rules That Tender of Relief Before Class Certification Moots the Case," ABA Section of Litigation Mass Torts, May 5, 2011
- "Tax Man Comes Calling For Ill. Online Retailers," Law360, April 21, 2011
- "Congress Extends Implementation Date of Final Rule Governing Gift Cards," Chain Store Age, August 27, 2010
- "Mobile Marketing for Healthcare Providers," American Health Lawyers Association - Health Briefs e-Newsletter, May 2010
Class Action Defense Strategy Blog Posts
- "Back at it Again (with the Standing Opinions): Seventh Circuit Reiterates Article III Standing in Data Breach Class Actions," April 19, 2016
- "The Game Goes On: Sheppard Mullin Obtains Dismissal With Prejudice of Class Action Alleging Social Gaming Micro-transactions Constitute Illegal Gambling," February 8, 2016
- "Tag, You’re It: Biometric Information Privacy Act Class Action Against Shutterfly Moves Past 12(b)(6)," February 1, 2016
- "Barbarians at the Gate: Seventh Circuit Finds Article III Standing for Data Breach Class Actions," July 24, 2015
- "Ninth Circuit Reiterates that Misrepresentation Must be Made to All Class Members," July 2, 2015
- "Not So Small After All: CallFire Uses Common Carrier Defense to Defeat Rinky Dink TCPA Class Action Case," March 18, 2015
- "Now That That’s Settled: The Status of Class Action Settlements in the Seventh Circuit after Pella, Radioshack and NBTY," December 5, 2014
- "Third and Seventh Circuit Courts of Appeals Issue TCPA Decisions," September 5, 2013
Eye on Privacy Blog Posts
FCC Law Blog Posts
- "Hold the Phone: Judge Holds Dish Network on the Line for Tens of Millions of Calls, but Leaves Silver Lining for TCPA Defendants," January 28, 2015
- "The Times They Are A Changin' (Again): A How-To Guide Regarding Compliance With New FCC Regulations Mandating Prior Express Written Consent," October 16, 2013
- Ikea Ruling Puts Stamp On Novel Post-Spokeo StrategyLaw360, January 18, 2017
- Privacy Cases To Watch In 2017Law360, January 2, 2017
- Post-Spokeo Trends Offer Clues For Standing In Privacy SuitsLaw360, December 15, 2016
- Law360, October 14, 2016
- Law360, October 6, 2016
- Law360, September 21, 2016
- Law360, September 19, 2016
- Law360, September 19, 2016
- Law360, August 11, 2016
- Law360, July 22, 2016
- Law360, June 28, 2016
- Bloomberg BNA: Privacy Law Watch, June 24, 2016
- Bloomgberg BNA, June 14, 2016
- Bloomberg BNA Privacy Law Watch, May 17, 2016
- Bloomberg BNA Daily Report of Executives, May 17, 2016
- Bloomberg BNA Privacy and Security Law Report, May 16, 2016
- Law360, May 16, 2016
- Law360, May 4, 2016
- Corporate Counsel Magazine, April 2016
- Bloomberg BNA Class Action Litigation Report, April 12, 2016
- Google is the Latest Target for a Privacy Class Action Over Facial ScanningCorporate Counsel, March 8, 2016
- Law360, February 16, 2016
- Bloomberg BNA Electronic Commerce & Law Report, February 10, 2016
- Law360, February 1, 2016
- Class Action 'Pick Off' Strategy Rejected by SCOTUSBloomberg BNA Federal Contracts Report, January 26, 2016
- Law360, January 20, 2016
- Law360, October 13, 2015
- Law360, October 7, 2015
- Law360, June 30, 2015
- Bloomberg BNA, June 9, 2015
- Law360, June 8, 2015
- Law360, May 18, 2015
- Law360, January 30, 2014
- Law360, October 11, 2013
- Law360, August 26, 2013
- Law360, August 20, 2013
- Law360, August 1, 2013
- Law360, May 24, 2013
- Law360, April 8, 2013
- Law360, October 22, 2012
- Law360, August 8, 2012
- Law360, February 15, 2012
- Speaker, Recent Rulings: Data Breach Class Actions, 2016 Midwest Corporate Counsel & Compliance Forum, Chicago, Illinois, November 17, 2016.
- Presenter, On the Chopping Block: Class Actions Dead or Alive After Campbell-Ewald, Spokeo and Tyson Foods? Webinar, June 16, 2016.
- Speaker, Settlement Best Practices – Strategies on When, Why and How to Settle a Claim, at the American Conference Institute’s 4th Advanced Summit on Defending Food & Beverage Consumer Fraud Litigation, San Francisco, CA, January 26, 2016
- Speaker, E-Tail Wags the Dog: Privacy by Design for the Mobile Retail Frontier, at the Retail Industry Leaders Association’s Retail Law Conference, San Antonio, Texas, October 28, 2015
- Moderator, Roundtable discussion, Mobile Privacy, Data Collection & Sharing and Risk Mitigation, at the Mobile Connect Innovation Summit for Retail & Restaurants, Chicago, Illinois, August 19, 2015
- Moderator, Gathering and Using the Mobile, Online and Offline Data Points, Mobile Media Summit 2015, Chicago, Illinois, July 28, 2015
- Panelist, Evolving Ethical Considerations in Class Action Settlements, Class Action Litigation Conference, Chicago, Illinois, May 6, 2015
- Speaker, Striking A Deal - And Pitching It, The Chicago Bar Association Continuing Legal Education, Chicago, Illinois, December 11, 2014
- Presenter, Familiarities with Laws, Regulations and Practices, Heartland Mobile Council's Mobile Certification Webinar, April 16, 2014
- Panelist, The Role of Class Action Suits in Protecting Consumer Privacy, Loyola University Chicago Consumer Law Review: Consumer Privacy and Data Collection, Chicago, Illinois, March 28, 2014
- Speaker, The Future of Telephone Consumer Protection Act Class Actions, The Chicago Bar Association Class Action Committee, Chicago, Illinois, November 22, 2013
- Presenter, Navigating the Legal Landmines of Text Message Marketing, Internet Retailer Annual Conference 2013, Chicago, Illinois, June 7, 2013
- Panelist, Smart Promotions for Smart Phones: Avoiding Legal Pitfalls While Leveraging New Trends, American Conference Institute's Summit on Advertising Privacy Compliance: Mobile Apps, Smart Phones & the World Wide Web, New York, New York, June 5, 2013
- Presenter, Mobile Marketing Class Actions 2.0: Strategies for Defending Against Novel TCPA Claims, Media Law Resource Center Advertising & Commercial Speech Webinar, November 30, 2012
- Presenter, Consumer Class Action Litigation: Regulatory and Case Developments Leveraging the Latest Decisions on Certification, Causation, Class Notice and More, Strafford Webinar, November 28, 2012
- Panelist, Monetizing Big Data to Create Consumer Value and Drive Revenue Growth, Mobile Contactless Payment Innovations Summit, Chicago, Illinois, October 3, 2012
- Presenter, Avoiding the Legal Landmines of Social Media & Mobile Marketing, CONVERGE Chicago Social Media Conference, Chicago, Illinois, October 2, 2012
- Presenter, Mobile Marketing Class Action Litigation 2.0: Making Sure that You Are Legally Compliant, MobiU2012 Summit: Mobile Everything, Chicago, Illinois, September 24, 2012
- Panelist, Privacy and Data Security Implications of Mobile Commerce and Virtual Wallets, Chicago, Illinois, Bricks and Mobile 2012, April 18, 2012
- Guest Lecturer, Legal & Regulatory Issues for Marketing and Advertising Professionals, Loyola University MBA program, Chicago, Illinois, December 15, 2011
- Moderator & Panelist, Legal and Regulatory Issues Affecting Marketing and Advertising Professionals, University of Chicago Booth School of Business Alumni Marketing Roundtable, Chicago, Illinois, November 30, 2011
- Speaker, Legal Issues for Marketers and Advertisers, Charlotte Business Innovation of Growth Council, Charlotte, North Carolina, October 20, 2011
- Speaker, Legal Landscape for Social Media and Mobile Marketing, Institute for Social, Search & Mobile Marketing's 2011 CONVERGE Symposium, San Francisco, California, September 27-28, 2011
- Speaker, Legal Landmines in "Mocial" Marketing, Heartland Mobile Council's Mobile University, Chicago, Illinois, September 22, 2011
- Panelist, Legal Landscape, 2011 Daily Deal Media Conference, Chicago, Illinois, September 8-9, 2011
- Moderator & Speaker, Implications of the First Investigations Under the FTC Guides for Endorsements and Testimonials in Advertising, Lorman Webinar, October 2010
- Speaker, Direct Marketing: Following the Rules in a Global Economy, Salesforce Advisory Summit, San Francisco, California, September 30, 2010
- Member, American Bar Association - Privacy and Information Security Committee, Class Actions and Derivative Suits Committee, Forum on Franchising
- Member, Chicago Bar Association - Cyber Law and Data Privacy Committee, Class Litigation Committee
- Member, Direct Marketing Association
- Member, Chicago Association of Direct Marketing
- Member, American Marketing Association - Chicago Chapter
- Member, Business Marketing Association - Chicago Chapter