Divya Gupta is a commercial litigation Partner with one of the nation’s most knowledgeable Telephone Consumer Protection Act (TCPA) defense-teams. She is experienced in handling complex cases in state and federal courts, both in-house and as outside counsel. Divya is particularly skilled in defending banks, finance companies, and other lenders in both individual and class action TCPA cases. Divya also has experience advising major financial institutions on TCPA compliance matter and regarding the applicability of the TCPA to new and emerging products and services. Likewise, she is further adept in handling matters involving the Fair Credit Reporting Act (FCRA).
Divya’s legal background encompasses all aspects of civil litigation and includes assisting clients with internal investigations and compliance issues, drafting and arguing motions, conducting written and oral discovery, handling mediations and arbitrations, working with experts, and negotiating settlements.
Education & Admissions
Loyola Law School, Los Angeles (J.D., 2008)
Wesleyan University (B.A., 2003), cum laude with Honors in Government
- New Jersey
- U.S. District Court for the District of Colorado
- U.S. District Court for the Northern District of California
- U.S. District Court for the Southern District of California
- U.S. District Court for the Central District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Northern District of Florida
- U.S. District Court for the District of New Jersey
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the Western District of Texas
- Divya has served as lead counsel on dozens of nationwide individual and class action TCPA, FDCPA, and state equivalent cases. She has been admitted pro hac vice in several jurisdictions including district courts in Florida, Massachusetts, and Illinois.
- Divya has defended financial institutions both pre and post the Federal Communications Commission’s (“FCC”) omnibus Declaratory Ruling and Order concerning several requests for clarification of the Commission's TCPA rules and was involved in the teams that spearheaded the banking industry’s push for TCPA clarity before the Federal Communications Commission.
- In Alexis Karle v. Credit Acceptance, et. al., Case No. 14-30058-MGM, (D. Mass. June 22, 2015) Divya obtained summary judgment for finance company in a claim for TCPA violation on issue of first impression regarding VoIP calls to landlines. The court found the Defendant was entitled to summary judgment on the TCPA claim because the number at issue was “not assigned to a wireless carrier and Plaintiff was not charged per.”
- In Franklin v. Wells Fargo, N.A., Case No. 14-cv-2349, District Court for the Southern District of California, Divya was involved in the class action defense team for Wells Fargo in an action involving calls allegedly placed by Wells Fargo to cell phones that featured a prerecorded voice message or were made with an autodialer, in an effort to collect on a consumer credit card debt.
- In Melody Stoops v. Wells Fargo, Case No. 3-15-83, United States District Court, Western District Of Pennsylvania, Divya helped obtain the first Post-Spokeo Article III dismissal of TCPA case on motion for summary judgment. In that case, Plaintiff admitted to the “business” of manufacturing lawsuits, obtaining thirty-five cell phones for the sole purpose of capturing calls on reassigned phone numbers and making claims under the TCPA.
News & Resources
- Staying TCPA Cases Under the Primary Jurisdiction Doctrine, 68 Con.Fin. Serv. L. Rep. 312 (2014)- Consumer Finance Law Quarterly Report (with Scott Hyman and Eric Troutman)
- “The Credit Transaction Requirement – a Defense Unique to the Rosenthal Act.” Severson & Werson, Consumer Finance Report. Summer 2015 (with Alisa Givental)
Industries & Practices
- Banking & Financial Institutions
- Class Action Litigation
- Commercial Litigation
- Consumer Financial Services
- Telephone Consumer Protection Act