- J.D., University of Michigan, 2010, magna cum laude, Executive Editor of the Michigan Law Review
- B.A. University of Notre Dame, 2007, magna cum laude
David Poell is an associate in the Business Trial Practice Group in the firm’s Chicago office with an emphasis in the areas of consumer privacy and class action litigation.
Areas of Practice
A large portion of Mr. Poell’s practice is devoted to defending companies against class and individual actions brought under various state and federal consumer protection statutes, including the Telephone Consumer Protection Act (TCPA) and the Fair and Accurate Credit Transactions Act (FACTA), as well as other consumer-privacy and unfair business practices laws and regulations. He also advises companies regarding privacy and direct-marketing matters, such as drafting privacy policies and providing guidance on compliance with FCC, FTC and state-specific rules and regulations.
Mr. Poell also has experience in the appellate litigation and is well-versed in matters involving Constitutional standing questions and the scope of federal jurisdiction.
Additionally, Mr. Poell provides assistance to the Intellectual Property practice group in the area of patent infringement litigation.
Represented prisoner in Eighth Amendment excessive force trial in the Eastern District of Missouri.
- Illinois Rising Star, Super Lawyers, 2016-2019
- Helen Hritzu Award for Excellence in Classical Arabic Studies (University of Notre Dame)
- Honored by Chicago Transportation Authority for Act of Heroism
- Chicago Daily Law Bulletin, April 28, 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
Eye on Privacy Blog Posts
- "Live Free or Die Trying—New Hampshire Voters Enshrine Right to Privacy in State’s Constitution," November 19, 2018
- "Ninth Circuit Opens Door for More Expansive Meaning of ATDS in TCPA Cases," November 14, 2018
- "New York Federal Court Dismisses Nationwide Class Action Arising Out of Alleged Spying by E-Commerce Retailers," September 10, 2018
- "Car Dealer’s Attempt to Crash Data Privacy Class Action Sputters Out," February 14, 2018
- "New York Court Scraps Another FACTA Receipt Class Action for Lack of Standing," November 28, 2017
Class Action Defense Strategy Blog Posts
- "Supreme Court Poised To Alter TCPA Landscape With Review Of Key Term 'Advertisement',” November 15, 2018
- "Rikki, Don’t Autodial That Number! – Ninth Circuit Doesn’t Want You To Call Nobody Else (in violation of the TCPA)," October 26, 2018
- "5 TCPA Class Action Trends to Watch in 2018 – Legislation, Administrative Law & Litigation," February 28, 2018
- "Spokeo—Round 3: The Ninth Circuit Finds Alleged Statutory Violation Sufficiently “Concrete” To Satisfy Article III Standing," August 29, 2017
- "You Can’t Always Get What You Want—Second Circuit Affirms Parties Can Bargain Away TCPA Right To Revoke Consent To Automated Calls," July 12, 2017
- "Mooting Class Actions by Offer of Judgment – Episode 2: The Ninth Circuit Strikes Back," April 22, 2016
- "Not Taking “Yes” For An Answer: U.S. Supreme Court Rules That Unaccepted Offer Of Complete Individual Relief Does Not Moot Plaintiff’s Individual Or Class Action Claim," January 20, 2016
- "The Pitfalls of Ascertaining Ascertainability: Seventh Circuit Declines to Adopt Heightened Threshold Requirement for Class Actions," August 6, 2015
- "Seventh Circuit Affirms Lodestar Method to Determine Attorneys’ Fees in TCPA Class Action Settlement," April 9, 2014, reprinted in the News Blog for the National Association of Legal Fee Analysis, April 10, 2014
- "Third and Seventh Circuit Courts of Appeals Issue TCPA Decisions," September 5, 2013
FCC Law Blog Posts
- Law360, May 18, 2018
- Law360, November 27, 2013
- American Bar Association
- Chicago Bar Association