Divya Gupta
PEOPLE

Divya Gupta

Partner
gupta.divya@dorsey.com

Overview

DYNAMIC, DRIVEN, AND DEDICATED, DIVYA IS A SAVVY LITIGATOR COMMITTED TO PROVIDING EFFICIENT AND EFFECTIVE REPRESENTATION FOR FINANCIAL INSTITUTIONS AND OTHER CLIENTS.

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

Admissions

  • California
  • Pennsylvania
  • 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

Experience

  • 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.

Representative Litigation

  • 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

Articles

FCC Taps Geoffrey Starks as New Commissioner After Clyburn Retirement
FCC Creates New TCPA Safe Harbor and Reassigned Phone Number Database
TCPA Roundup: A Week of Blockbuster News from the Supreme Court, the Ninth Circuit, the FCC, and a Few District Courts
Fall is for Falling Leaves, Thanksgiving, and TCPA Omnibus II?
11th Circuit Rules on Article III Standing in FACTA Cases
Circuit Split Pronounced by District Court’s Application of Statutory Definition of an ATDS
Ninth Circuit Rules an ATDS Need Only Have the Capacity to “Store Numbers to Be Called” and Dial “Automatically”
CalCPA Evolves – US Chamber Supports Federal Standard
Healthcare Message Exempt under the TCPA’s Implementing Regulations
Financial Industry Groups Should Have a Pulse on the California Consumer Privacy Act of 2018: A Legislative Update on the Strictest Privacy Law in the Country
Callers Beware: Direct Drop Voicemails Fall Within the Purview of TCPA Liability Says District Court
3rd Circuit Grants Summary Judgment in Favor of Yahoo! in Reassigned Phone Number Class Action
The Latest from Capitol Hill and State Legislatures on Robocall-related Happenings
Supreme Court has Opportunity to Reconcile Retroactivity Rulings: Will Callers Be On or Off the Hook?
The Ever-Evolving Interpretation of an ATDS: Where Are We Now? (No, Really!)
FCC Leadership to Change Composition as Clyburn Announces Retirement
D.C. Circuit Dooms “Idiosyncratic” or “Imaginative” TCPA Revocation Efforts While Blessing Contractual Revocation Provisions in Upholding FCC’s Revocation Approach
The FCC’s 2016 BBA Implementing Ruling Digested (Volume 3): “Making a Call” and “Initiating a Call” Are the Same Thing – Except that They Aren’t
"CFPB Unveils Outline for Sweeping Changes to Debt Collection Industry Practice," Consumer Financial Services Legal Update
"FCC Takes Narrowest Read of Congress’ Exemption to the TCPA for Federally Guaranteed Loans," Consumer Financial Services Legal Update

News & Press Mentions

Divya Gupta Selected for Leadership Council on Legal Diversity 2019 Fellows Program

Legal Writings

Articles

  • 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
  • FinTech
  • Telecommunications
  • Telephone Consumer Protection Act

Professional & Civic

Professional Achievements

  • Member, State Bar of California
  • Los Angeles County Bar Association
  • Orange County Bar Association
  • South Asian Bar Association
Divya Gupta