David A. Scheffel
PEOPLE

David A. Scheffel

Partner
scheffel.david@dorsey.com

Overview

DAVID HELPS CLIENTS RESOLVE THEIR CONSUMER FINANCIAL SERVICES DISPUTES SO THAT THEY CAN GET BACK TO BUSINESS.

David has extensive experience in consumer financial services litigation and co-chairs Dorsey’s Consumer Financial Services practice.  He defends financial institutions against individual and class action claims alleging discrimination, predatory lending, violations of the Truth in Lending Act, the Real Estate Settlement Procedures Act, the Fair Housing Act, the Equal Credit Opportunity Act, and disputes between lenders and securitization trusts.

David also has extensive experience in commercial litigation involving corporate disputes for breach of fiduciary duty, breach of contract, tortious interference with contract, and misappropriation of trade secrets.  He handles cases before federal and state courts throughout the United States, including New York, New Jersey, Massachusetts, Pennsylvania, California, Florida, Wisconsin and Washington State.

David co-chairs Dorsey’s Securities and Financial Services Litigation and Enforcement practice and writes and speaks extensively regarding the consumer financial services industry.  He is also a member of the firm’s Banking Industry Group.  He was a law clerk to United States District Judge Arthur D. Spatt of the Eastern District of New York and assistant district attorney in the Bronx County District Attorney’s Office.

Education & Admissions

Pace University School of Law (J.D., 1996), cum laude
Managing Editor, Law Review
Moot Court Board

Manhattanville College (B.A., 1992)

Admissions

  • New York
  • Connecticut

Languages

  • German

Clerkships

  • U.S. District Court for the Eastern District of New York, Honorable Arthur D. Spatt

Experience

Representative Litigation

  • Representation of major lender as lead counsel in dozens of actions alleging predatory lending and violations of state and federal consumer protection laws.
  • Obtained dismissal of nation-wide class action under the Truth in Lending Act and New York State-wide class action under consumer protection laws against major lender as lead counsel.
  • Obtained dismissal of predatory lending and unfair business practices claims against major lender as lead counsel.
  • Obtained dismissal of predatory lending and fraud claims against major lender as lead counsel.
  • Obtained dismissal of fraud claim against major lender as lead counsel.
  • Obtained preliminary injunction allowing disabled children to remain at private school for academic year as lead counsel.
  • Part of litigation team that obtained order granting summary judgment in favor of NHL Team in action for breach of contract and unjust enrichment.
  • Part of litigation team that obtained dismissal of claims for tortious interference of contract and unfair competition against subsidiary of publicly-held company.
  • Part of litigation team that obtained order affirming dismissal of action against major software manufacturer for wrongful termination and defamation.
  • Successfully argued appeal resulting in order affirming denial of motion for summary judgment in favor of victim in an action under the Son of Sam law.
  • Part of litigation team that obtained order granting motion to dismiss class action against officers and directors of publicly-held company in connection with a merger.
  • Part of litigation team that obtained dismissal of action for fraud against major software manufacturer arising out of a class action settlement.

News & Resources

Articles

The CFPB Says Fees and Fee-Related Disclosures For Payments-By-Phone May Constitute an Unfair and Deceptive Practice and Violate Federal Debt Collection Statutes
CFPB Suffers Setback in RESPA Lawsuit
Supreme Court Holds Debt Buyer Not Subject to FDCPA
Supreme Court Issues Midland Funding Decision
A Review of the Law Governing Qualified Written Requests
"Ten Key Points about the Bank Examination Privilege," Business Law Today
"Bank Examinations — Not As Confidential As You Might Think," Law 360
Keeping Bank Examinations Confidential in Litigation
"The Bank Examination Privilege: When Litigants Demand Confidential Regulatory Reports," ABA Publishing
Trump University Files Motion to Compel Depositions of Allegedly Defrauded Consumers
The Basics of the Bank Examination Privilege – Video Presentation
D.C. Circuit Tosses Consumer Complaint Following Spokeo
"Banks Appeal Fair Housing Act Case to Supreme Court," Consumer Financial Services Legal Update
"'Nonbank' Lender Seeks Injunction Restraining CFPB Administrative Action," Consumer Financial Services Legal Update
"Tax Lien on Me: Fifth Circuit Holds the Transfer of a Tax Lien is not Subject to the Truth in Lending Act," Consumer Financial Services Legal Update
Non-Sufficient Funds – Court Holds Bank Payments of Overdraft Amounts Are Not Extensions of Credit, Consumer Financial Services Legal Update
"When are Lease-to-Own Agreements Subject to State Disclosure Requirements?" Consumer Financial Services Legal Update
"Update on the US Supreme Courts Inclusive Communities Decision," Consumer Financial Services Legal Update
"Jesinoski Update: TILA Rescission in a Post-Jesinoski World," Consumer Financial Services Legal Update
"Can Lenders Foreclose While a Borrower’s Loan Modification Application is Under Review?" Consumer Financial Services Legal Update
"The Moronta Decision in Massachusetts – Determining A Borrower’s Ability To Repay," Consumer Financial Services Legal Update
The U.S. Supreme Court’s Decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc.
The Supreme Court Gives State Attorneys General the Green Light to Sue National Banks for Violations of State Consumer Protection Laws
"Lenders Kept Safe From Significant Exposure in Rescission Class Actions," New York Law Journal

News & Press Mentions

Super Lawyers Recognizes 19 Dorsey Lawyers in New York
ABA Book Offers Overview of Bank Examination-Privilege and its Role in Supervision
New ABA book offers overview of bank examination privilege and its role in supervision
New ABA book offers overview of bank examination privilege and its role in supervision
Dorsey Partners Eric Epstein, David Scheffel and Nick Vlietstra Complete New ABA Treatise on Bank Examination Privilege
Super Lawyers Recognizes 18 Dorsey Lawyers in New York
Super Lawyers Recognizes 20 Dorsey Lawyers in New York
Dorsey Launches New Consumer Financial Services Blog
Super Lawyers Recognizes 17 Dorsey Lawyers in New York
Super Lawyers Recognizes 18 Dorsey Lawyers in New York

Industries & Practices

  • Banking and Financial Institutions
  • Blockchain & Digital Assets
  • Class Action Litigation
  • Consumer Financial Services
  • Financial Services Regulatory
  • FinTech
  • Mortgage Banking
  • Securities & Financial Services Litigation & Enforcement

Professional & Civic

Professional Achievements

  • ABA Consumer Financial Services Committee
    (Vice-Chair, Preemption and Federalism Subcommittee)

Accolades

Rated by Super Lawyers - David Scheffel

  • Listed as a New York Super Lawyer, 2011-2017
David A. Scheffel