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.  SHE ALSO HELPS COMPANIES WADE THROUGH THE NUANCES OF U.S. PRIVACY LAWS TO ENSURE COMPLIANCE OR DEFEND AGAINST CONSUMER ACTIONS.

Divya is the Co-Chair of the firm’s TCPA Practice Group and a 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.  Specifically, Divya has managed and handled well over one hundred individual consumer protection litigation matters, with specific focus on the TCPA.   Divya also has experience advising major financial institutions on TCPA compliance matters 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) Fair Debt Collection Act (FDCPA) and state equivalent claims, and data breach and privacy violations. 

Divya guides clients through complex and changing privacy laws and internet regulations.  Divya is on the cutting edge of California Consumer Privacy Act (CCPA) legislative and is instructing clients in compliance matters ahead of anticipated litigation in this space.

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.

Divya has served as lead counsel on over a hundred nationwide individual cases and has handled many class action TCPA, FDCPA, and state equivalent cases.  Divya is licensed in several jurisdictions, including Pennsylvania, New Jersey, and California.  She has also been admitted in various district courts and has obtained pro hac vice in several jurisdictions including district courts in Florida, Tennessee, Massachusetts, and Illinois, among others.

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.

Divya frequently presents at conferences and provides legal updates to clients on consumer protection litigation and compliance.  Divya and her team prepare a monthly e-newsletter regarding updates on consumer protection law developments.

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

Languages

  • Konkani, Spanish

Experience

Representative Experience

  • Divya has assisted clients by providing guidance with complex and changing privacy laws and internet regulations.
  • 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

  • Represent several large financial institutions, lead generators, and retail industry clients in individual actions and class actions alleging violations of the TCPA and other consumer protection statutes arising out of consumer debt collection.
  • Obtained order compelling arbitration in individual TCPA telemarketing case, defeating plaintiff’s argument that evidence of plaintiff’s acceptance of online terms of use could not be attributable to him.  Petrie v. GoSmith, Inc., Civil Action No. 18-cv-01528-CMA-MEH, 2019 U.S. Dist. LEXIS 15237 (D. Colo. Jan. 31, 2019).
  • 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.  Divya secured key admissions at the plaintiff’s deposition that have since been quoted in numerous publications, including Forbes Magazine.   
  • 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.

News & Resources

Articles

Breathing Room? California Legislature Passes Two Major Amendments to California Consumer Privacy Act (CCPA)
CCPA Requires “Reasonable Security”: but You Can’t have Reasonable Security Without Proper Vulnerability Management
They call it ‘baby jail’ Reflections on my week as a volunteer attorney at the Dilley Immigration Detention Center
Potentially Expanded Private Right of Action Increases Risk of Class Action Exposure Under the California Consumer Privacy Act
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

Dorsey & Whitney Launches California Consumer Privacy Act (CCPA) Compliance Screening and Assessment Tools
Dorsey Partner Divya Gupta Comments on Possible GDPR Fine to Marriott
Dorsey Partner Divya Gupta Remarks on Call-Blocking to Squash Scams
Divya Gupta Selected for Leadership Council on Legal Diversity 2019 Fellows Program

Events & Speaking Engagements

Privacy + Security Forum

Legal Writings

Articles

  • Staying TCPA Cases Under the Primary Jurisdiction Doctrine, 68 Con.Fin. Serv. L. Rep. 312 (2014).  Consumer Finance Law Quarterly Report.
  • The Credit Transaction Requirement – a Defense Unique to the Rosenthal Act.  Client Consumer Finance Report.  Summer 2015. 
  • The Aftermath Explained: What Constitutes an ATDS in the Wake of the D.C. Circuit’s Decimation of the Federal Communication Commission’s 2015 TCPA Omnibus Order?,  ANA Marketing Law Conference materiald.  Fall 2018. 

Select Presentations

  • Panelist, “2018 TCPA Litigation Update and Compliance,” California Mortgage Bankers Association Legal Issues & Regulatory Compliance Conference, Newport Beach, CA, December 4, 2018
  • Speaker, “TCPA and FCRA Trends for 2018,” Bank Counsel Roundtable, Minneapolis, MN, May 21, 2018

Industries & Practices

  • Banking & Financial Institutions
  • Class Action Litigation
  • Commercial Litigation
  • Consumer Financial Services
  • Cybersecurity, Privacy & Social Media
  • FinTech
  • Telecommunications
  • Telephone Consumer Protection Act

Professional & Civic

Professional Achievements

  • Member, State Bar of California
  • Los Angeles County Bar Association
  • Orange County Bar Association, Banking and Lending Section
  • South Asian Bar Association, National and Southern California Chapter
  • National Asian Pacific American Bar Association
  • Orange County Korean American Bar Association
  • Smart Women, Powering Working Wardrobes
  • Orange County Women’s Lawyers Association
  • Business Forums International, Orange County Women in Influence 
  • Leadership Council on Legal Diversity, 2019 Fellow
  • California Mortgage Bankers Association
Divya Gupta