Photo of David Fioccola

A seasoned litigator and trial lawyer, David Fioccola specializes in the defense of complex commercial disputes and consumer class actions. With more than 20 years of experience, David has tried cases in federal and state courts and before arbitral tribunals throughout the U.S. He regularly defends Fortune 500 companies in bet-the-company litigation as well as financial institutions against claims involving federal and state law violations, including antitrust laws, trust claims, and breach of contract.

David has extensive experience handling large-scale internal investigations and represents clients before U.S. federal and state agencies, including the Department of Justice, the Consumer Financial Protection Bureau, the Office of the Comptroller of the Currency, the Federal Trade Commission, and the Securities and Exchange Commission, and state agencies, such as the New York Department of Financial Services and state attorneys general. Moreover, he has significant experience counseling clients in various U.S. federal laws and statutes, including:

  • The Consumer Financial Protection Act
  • The Unfair, Deceptive, or Abusive Acts and Practices (UDAAP)
  • The Federal Antitrust laws
  • Americans with Disabilities Act (ADA)
  • The Fair Credit Reporting Act (FCRA)
  • The Fair Debt Collection Practices Act (FDCPA)
  • The Servicemembers Civil Relief Act (SCRA)
  • The RICO Act
  • The Truth in Lending Act (TILA)
  • The Telephone Consumer Protection Act (TCPA)
  • California’s Business and Professions Code § 17200

Prior to joining Proskauer, David was the co-chair of the Class Actions and Mass Torts Practice Group at Morrison & Foerster, and the Trial Practice Group.

As part of our commitment to keeping you informed of new regulatory developments and their potential implications, we have highlighted recent statements by federal officials concerning loyalty programs, such as those involving airline miles and credit card points. These comments signal a potential shift in how these programs are viewed under consumer protection laws, and the plaintiffs’ bar is likely to take notice.