David Esquivel concentrates his practice on counseling, investigations, and litigation in the financial services sector, with a particular emphasis on matters relating to the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA) and Telephone Consumer Protection Act (TCPA).
He provides counsel to nationwide consumer reporting agencies (CRAs) and furnishers of consumer data on how to ensure regulatory compliance under ever-increasing demands of federal regulatory agencies. David settled the claims of 120,000 consumers on behalf of a CRA in a nationwide class action and successfully defended a CRA against a variety of FCRA claims tried to jury verdict. He regularly advises on FCRA compliance issues, handling investigations conducted by the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB), and representing clients in class action and individual litigation.
Law360 Privacy/Consumer Protection Editorial Advisory Board (2017)
Leadership Council on Legal Diversity — Fellow (2014)
Tennessee Bar Association — Access to Justice Committee, Chair (2010-2012)
American Bar Association — Consumer Financial Services Committee, Vice Chair (2018-present); Consumer Financial Services Committee, Pro Bono Committee, Chair (2015-present); Antitrust Section’s Trial Practice Committee, Vice Chair (2010-2013)
Tennessee Supreme Court — Access to Justice Commission
Leadership Nashville Class of 2011
Conexion Americas — President, Board Member (2011-2013)
Tennessee Immigrant & Refugee Rights Coalition — Advisory Board Member
Tennessee Bar Association — Leadership Law Class of 2007
Nashville Public Library Foundation — Board Member
Dan and Margaret Maddox Charitable Fund — Board Member
Obtained summary judgment on behalf of EdFinancial Services, a student loan service provider, against a Fair Credit Reporting Act lawsuit filed in federal court in the Eastern District of Wisconsin.
Represented TRS Recovery Services against a complaint filed by the Illinois Department of Financial and Professional Regulation
Coordinated Telecheck’s follow-up responses to the civil investigative demand by the FTC
Served as the Regulatory Auditor for the NYSE pursuant to the terms of an order of the SEC
Served as Regulatory Auditor for the NYSE Amex LLC
Represented client in an investigation conducted by the CFPB into potential violations of the FCRA
Defended eFunds against a class action lawsuit that alleged willful violations of the FCRA
Mid-South Super Lawyers (2011-2018); “Rising Star” (2010)
Tennessee Bar Association — Harris A. Gilbert Pro Bono Attorney of the Year (2005)
Tennessee Bar Foundation — Fellow