People: David M. Bizar, Partner

Photo of David M. Bizar, Partner

David M. Bizar

Partner

Boston
Direct: (617) 946-4874
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David M. Bizar is a partner in the Boston office of Seyfarth Shaw LLP.  Mr. Bizar chairs the firm’s Consumer Financial Services Litigation practice group and represents consumer banks and financial services companies in high-stakes disputes in the courts and before government authorities challenging the legality of their products and services, corporate practices and regulatory adherence.  He has defended numerous class actions, government investigations and enforcement proceedings, and individual cases with systemic exposure for national banks and federal savings associations, mortgage lenders and servicers, manufacturer and third party automotive finance companies, credit card issuers, short-term lenders, and national retailers.  Mr. Bizar is recognized as a preeminent litigator in the field of consumer financial services law.  He is a Fellow of the American College of Consumer Financial Services Lawyers and Co-Chairs the Litigation and Arbitration Subcommittee of the Consumer Financial Services Committee of the American Bar Association.  Financial institutions frequently select Mr. Bizar to litigate to judgment and through appeal important issues of first impression.
 
Among other recent notable cases, Mr. Bizar won the dismissal of claims of first impression nationally regarding whether a “close at home” mortgage kit can comply with the timing-disclosure requirements of the Truth in Lending Act and is currently representing the national bank on appeal.  Mr. Bizar was brought in to take over the defense of a putative class action against a federal credit union after the U.S. District Court ruled on cross-motions for summary judgment that the credit union had unlawfully swept the bank accounts of its customers to pay their defaulted credit card debts to the credit union.  Mr. Bizar achieved the case’s forced dismissal on subject matter jurisdiction grounds.  Mr. Bizar also served as lead counsel to a national automotive finance company in a CFPB enforcement proceeding through its successful conclusion in a consent order with the CFPB.
 
Mr. Bizar is a former member of the U.S. Army’s Judge Advocate General Corps (JAG).  From 1995 to 1999, Mr. Bizar served on active duty with the 1st Cavalry Division as chief of a legal assistance office and as a prosecutor, and was attached to the 4th Infantry Division as a defense counsel.  In 1996, Mr. Bizar deployed with the 3rd Brigade Combat Team of the 1st Cavalry Division during Operation Desert Strike to the Emirate of Kuwait, where he served as the legal counsel to the commander and was awarded The Army Achievement Medal for meritorious service.
David M. Bizar is a partner in the Boston office of Seyfarth Shaw LLP.  Mr. Bizar chairs the firm’s Consumer Financial Services Litigation practice group and represents consumer banks and financial services companies in high-stakes disputes in the courts and before government authorities challenging the legality of their products and services, corporate practices and regulatory adherence.  He has defended numerous class actions, government investigations and enforcement proceedings, and individual cases with systemic exposure for national banks and federal savings associations, mortgage lenders and servicers, manufacturer and third party automotive finance companies, credit card issuers, short-term lenders, and national retailers.  Mr. Bizar is recognized as a preeminent litigator in the field of consumer financial services law.  He is a Fellow of the American College of Consumer Financial Services Lawyers and Co-Chairs the Litigation and Arbitration Subcommittee of the Consumer Financial Services Committee of the American Bar Association.  Financial institutions frequently select Mr. Bizar to litigate to judgment and through appeal important issues of first impression.
 
Among other recent notable cases, Mr. Bizar won the dismissal of claims of first impression nationally regarding whether a “close at home” mortgage kit can comply with the timing-disclosure requirements of the Truth in Lending Act and is currently representing the national bank on appeal.  Mr. Bizar was brought in to take over the defense of a putative class action against a federal credit union after the U.S. District Court ruled on cross-motions for summary judgment that the credit union had unlawfully swept the bank accounts of its customers to pay their defaulted credit card debts to the credit union.  Mr. Bizar achieved the case’s forced dismissal on subject matter jurisdiction grounds.  Mr. Bizar also served as lead counsel to a national automotive finance company in a CFPB enforcement proceeding through its successful conclusion in a consent order with the CFPB.
 
Mr. Bizar is a former member of the U.S. Army’s Judge Advocate General Corps (JAG).  From 1995 to 1999, Mr. Bizar served on active duty with the 1st Cavalry Division as chief of a legal assistance office and as a prosecutor, and was attached to the 4th Infantry Division as a defense counsel.  In 1996, Mr. Bizar deployed with the 3rd Brigade Combat Team of the 1st Cavalry Division during Operation Desert Strike to the Emirate of Kuwait, where he served as the legal counsel to the commander and was awarded The Army Achievement Medal for meritorious service.

Education

  • J.D., University of Miami School of Law, cum laude (1994)
    Member, The Order of the Coif
    Articles and Comments Editor, University of Miami Inter-American Law Review, 1992-1994
  • B.A., Northeastern University, cum laude (1991)

Admissions

  • Massachusetts
  • Connecticut

Courts

  • State, Federal and Bankruptcy Courts of Massachusetts
  • State, Federal and Bankruptcy Courts of Connecticut
  • Federal and Bankruptcy Courts of the Southern, Northern and Western Districts of New York
  • United States Court of Appeals for the First Circuit
  • United States Court for Appeals for the Second Circuit

Affiliations

  • ACA International, The Association of Credit and Collection Professionals, (Attorney Member)
  • American Bar Association, (Co-Chair, Litigation and Arbitration Subcommittee, Consumer Financial Services Committee, 2015 to present; Co-vice Chair, 2011 to 2015; Member, Standing Committee on Legal Assistance for Military Personnel (LAMP), 2008 to 2011; Liaison from the Business Law Section to the LAMP Committee, 2007 to 2008)
  • American College of Consumer Financial Services Lawyers (Fellow)
  • Chambers USA, Financial Services Regulation:  Consumer Finance (Compliance & Litigation), Noted Practitioner -- Nationwide, 2014
  • Connecticut Bar Association, (Chair, Consumer Law Section, 2005 to 2009; Executive Committee, Litigation Section, 2008 to 2011)
  • Governing  Committee, Conference on Consumer Financial Law
  • The Order of the Coif, 1994
  • Shelter Legal Services Foundation/Veterans Legal Assistance Network, the largest non-profit provider of pro bono legal assistance services to veterans in Massachusetts, (Board Member, 2009 to 2014)
  • University of Connecticut School of Law (Adjunct Instructor, Moot Court, 2005 to 2008)

Representative Engagements

  • Obtained a defense verdict in a fast-tracked 12-person federal jury trial in a publicized case in which the court ruled that to “a significant extent, our national economy may depend upon promptly sorting out the issues raised here” and that “a prompt trial of this case is thus absolutely crucial.” Dixon v. Wells Fargo Bank, N.A., No. 1:11-cv-10368 (D. Mass.).
  • Replaced the bank’s trial counsel shortly before trial; won a bench trial an issue of first impression nationally, a borrower’s challenge to the propriety and lawfulness of a National Bank and Federal Savings Associations’ substitutions of their proprietary interest rate indexes following their mergers.  World Savings Bank, FSB v. Espanol, No. TTD-CV08-5002455-S (Conn. Super. Ct.), AC 35284 (Conn. App. Ct.); In re Espanol, No. 13-21318 (Bankr. D. Conn.)
  • Won the dismissal of claims of first impression nationally regarding the legality of whether a “close at home” mortgage kit can comply with timing-disclosure requirements of the Truth in Lending Act; currently representing the bank on appeal.  Smith v. Wells Fargo Bank, N.A., No. 16-611-cv (2d Cir.); No. 3:15-cv-00078-SRU (D. Conn)
  • Achieved a favorable nationwide class action settlement for a captive manufacturer automotive finance company in a case of first impression nationally involving alleged violations of the Consumer Leasing Act. Kindler v. Mitsubishi Motors Credit of America, Inc., No. 4:09-cv-315 (D. Mo.).
  • Settled a nationwide putative class action on individual terms which alleged violations of the Truth in Lending Act involving notices of repossession for yacht watercraft.  Dentamaro v. Wells Fargo Bank, N.A., No. 3:13-cv-01369-AWT (D. Conn.)
  • Following a summary judgment victory, obtained the first ruling from the United States Court of Appeals for the Second Circuit that the Fair Credit Reporting Act does not provide a private right of action for enforcement for alleged violations of 15 U.S.C. § 1681s-2(a), involving claims that a furnisher of information to a credit reporting agency knowingly disclosed false information, failed to correct false information, or failed to investigate a dispute filed directly with the furnisher.  Longman v. Wachovia Bank, N.A., No. 11-4225-cv (2nd Cir.).
  • Obtained the first ruling in Massachusetts and one of the first nationally to hold that the Home Owners Loan Act preempts state law unfair trade practice and other claims that a lender’s loan product is not in the borrower’s best interest. DaSilva v. Seagate Financial Services, No. 09-1221 (Mass. Super. Ct.).
  • Represented lender in putative nationwide and statewide class actions challenging the lawfulness of the World Savings Bank, FSB “Pick-a-Payment” negative amortization option ARM mortgage product and interest rate disclosures. Henning v. Wachovia Mortgage Corp., No. 3:09-cv-11053 (D. Mass.), and Leonelli v. Wachovia Mortgage, FSB, No. 1:09-cv-12047 (D. Mass.). Achieved the voluntary dismissal of Leonelli and the withdrawal of all class claims in Henning.
  • Won a ruling of first impression that that the Home Owners’ Loan Act preempts the Massachusetts Supreme Judicial Court’s decision in Comm. v. Fremont Investment & Loan, 452 Mass. 733, 739 (2008), that a loan is unlawful when it is doomed to failure and foreclosure. Silman v. Wells Fargo Bank, N.A., No. WOCV2011-02469 (Mass. Super. Ct.)
  • Won summary judgment in a case of first impression that no private right of action exists under Massachusetts Regulations prohibiting debt collectors from using false, deceptive or misleading representations or means in connection with collecting debts. Ishaq v. Wachovia Mortgage, FSB, No. 1:09-cv-11422 (D. Mass.).
  • After forcing the withdrawal of two putative class actions, mediated and settled on confidential terms aggregated lawsuits with over 500 individual plaintiffs who alleged that Mitsubishi Motors Credit of America, Inc. participated in and profited from a fraud ring in which an independently owned and operated auto dealer and twelve of its employees were convicted in federal court. Diaz v. Shoreline Motors Corp. d/b/a Shoreline Mitsubishi, No. (X04) MMX-CV-02-0103474-S (Conn. Super. Ct.); Alexandro v. Shoreline Motors Corp. d/b/a Shoreline Mitsubishi, No. HHD-CV-04-4002035-S (Conn. Super. Ct.); Lesane v. Shoreline Motors Corp. d/b/a Shoreline Mitsubishi, No. NNH-CV-04-4004534-S, 04-4004669-S, 04-4004670-S, 04-4004671-S (Conn. Super. Ct.); Labrada, et al. v. Mitsubishi Motors Credit of America, Inc., No. CV-020518340-S(X03) (Conn. Super. Ct.); Malave v. Shoreline Motors Corp. d/b/a Shoreline Mitsubishi, No. CV-04-0287540-S (Conn. Super. Ct.); Bautista v. Shoreline Motors Corp. d/b/a Shoreline Mitsubishi, No. CV-04-0287941-S (Conn. Super. Ct.); Alexandro (individually and on behalf of a class of similar situated persons) v. Shoreline Motors Corp. d/b/a Shoreline Mitsubishi, No. CV-04-4002035-S (Conn. Super. Ct.); Peralta, et al. v. Shoreline Motors, Corp., No. CV-03-0522661-S (Conn. Super. Ct.); Mendez v. Shoreline Motors Corp., No. CV-04-4002764-S (Conn. Super. Ct.); Palotto v. Shoreline Motors Corp., No. CV-05-4012431-S (Conn. Super. Ct.); and Duluc v. Shoreline Motors Corp., No. CV-06-4004978-S (Conn. Super. Ct.).
  • Settled for de minimus relief four putative class actions brought against automotive finance companies and a regional bank alleging that they violated consumer protection statutes by charging improper repossession fees. DiPietro v. Ford Motor Credit Co., No. (X02) UWY-CV-02-017524-S; Valencia v. AmeriCredit Financial Services, Inc., No. HHD-CV-02-0819871-S (Conn. Super. Ct.); Dow v. Berkshire Bank, No. (X09) HHD-CV-05-4013476-S (Conn. Super. Ct.); and Soroka v. Household Automotive Finance Corp., n/k/a HSBC Auto Finance, Inc., No. NNH-CV-04-4000300-S (Conn. Super. Ct.).
  • Devised and implemented a strategy that resulted in the unilateral withdrawal of a putative class action against a publisher for allegedly violating the federal Telephone Consumer Protection Act by transmitting, without consent, facsimiles soliciting advertisements in the Law Tribune Newspapers, and the unilateral withdrawal of a similar putative class action against a landlord alleging that it solicited potential tenants without their consent. Giovanniello v. The New York Law Publishing Co., Inc., No. (X07) TTD-CV-04-4001507-S (Conn. Super. Ct.); Giovanniello v. Connecticut Properties, LLC, No. UWY-CV-05-4004534-S (Conn. Super Ct.).
  • Successfully resolved two independent putative class lawsuits alleging improper collection of sales taxes on tax exempt items. Blass v. Amazon.com, Inc., No. (X07) TTD-CV-05-4003352-S (Conn. Super. Ct.); Peruta v. The Stop & Shop Supermarket Co., No. HHB-CV-05-4003242-S (Conn. Super. Ct.).
  • Settled a class action against a large domestic retailer on an individual basis which alleged violations of gift card and consumer protection statutes. Hansen v. BP Products North America, Inc., No. MID-L-5182-06 (N.J. Super. Ct.). 

Presentations

  • “The New Proportionality Standard for Federal Court Discovery: Financial Institution and Consumer Advocates Weigh In,” Panelist, American Bar Association Business Law Section’s 2017 Spring Meeting, New Orleans, Louisiana (April 8, 2017) 
  • “Taking a Mortgaging Servicing Case to Trial – A Panel of Litigators Shares Proven Strategies for All Stages of the Litigation and Appeals Process,” Speaker, American Conference Institute’s 6th Bank & Non-Bank Forum on Mortgage Servicing Compliance, Washington, D.C. (December 1, 2016)
  • “Developments in Student Loan Litigation,” Moderator, American Bar Association Business Law Section, Consumer Financial Services Committee, Montreal, Canada (April 7, 2016)
  • “Loan Servicing: Complying with New Emerging Regulations, Employing Best Practices, Defending Against Borrower Claims, and Implementing Effective Loss Mitigation Strategies,” Panelist, American Conference Institute’s 13th National Forum on Residential Mortgage Litigation and Regulatory Enforcement, Los Angeles, California (January 17, 2014)
  • “The CFPB’s Use of Examinations and Enforcement Actions to Regulate:  How to Navigate the Minefield,” Speaker, CFPB Rules Industry Trends for Servicing, Live Webcast, The Knowledge Congress (September. 26, 2013)
  • "Observing the Rights of Service Members in Lending and Foreclosure Matters,” Panelist, CLE Webinar, American Bar Association, Standing Committee on Legal Assistance for Military Personnel (January 30, 2013 and July 25, 2012)
  • “Mortgages in Bankruptcy:  Prevailing Against the Latest Bankruptcy Litigation Claims,” Speaker, American Conference Institute’s 9th Annual National Forum on Residential Mortgage Litigation & Regulatory Enforcement, Dallas, Texas (September 28, 2012)
  • “Defeating Discriminatory/Predatory Lending Claims, Including TILA, SCRA and HAMP:  Best Defenses and Settlement Techniques," Speaker, American Conference Institute's 8th National Forum on Residential Mortgage Litigation & Regulatory Enforcement, Washington, D.C. (March 29, 2012)
  • "Litigation and Arbitration, the CFPB's Definition of Abusive Practices," 2012 Spring Meeting, Panelist, American Bar Association Business Law Section, Consumer Financial Services Committee, Las Vegas, Nevada (March 23, 2012)
  • "When Your Customer Is a Soldier," 2012 Spring Meeting, Moderator, American Bar Association Business Law Section, Consumer Financial Services Committee, Las Vegas, Nevada (March 22, 2012)
  • “Implementing Effective Defenses & Defeating Claims Related to Discriminatory/Predatory Lending, TILA, HAMP, RESPA & SCRA,” Speaker, American Conference Institute’s 11th National Conference on Consumer Finance, Class Actions & Litigation (July 28, 2011)
  • “Lending to Members of the Military,” Panelist, 2010 Housing and Auto Finance Workshop, Hudson Cook, LLP (May 4, 2010)
  • “Compliance Management, Service members Civil Relief Act,” 2010 Spring Meeting, Panelist, American Bar Association Business Law Section, Consumer Financial Services Committee, Denver, Colorado (April 23, 2010)
  • “Consumer Law:  Current Issues,” Speaker, A Joint CLE Program of the ABA and North Carolina State Bar Association Standing Committee on Legal Assistance for Military Personnel (LAMP), Pope Air Force Base, Fayetteville, North Carolina (March 4, 2010)
  • “Emerging Data Security, Privacy and Identity Theft Laws:  Practical Advice from Lawyers and Paralegals,” Speaker, Connecticut Bar Association 2009 Annual Meeting, Hartford, Connecticut (June 8, 2009)
  • “The Foreclosure Phenomenon,” Speaker, Annual SourceMedia Mortgage Servicing Conference, Dallas, Texas, (April 6, 2009)
  • “Mortgage Servicers: The Latest Victim,” Speaker, Annual SourceMedia Mortgage Fraud Conference presented by National Mortgage News, American Banker and Mortgage Technology, Las Vegas, Nevada (November 13, 2008)
  • “The Servicing Impact on the Performance of Loans: Best Practices to Avoid Litigation and Litigation Trends, Challenges and Solutions, Speaker, Annual SourceMedia Mortgage Servicing Conference, Dallas, Texas (April 17, 2008)
  • “The Subprime Mortgage Meltdown - A Discussion of its Implications for Connecticut Consumers,” Businesses and Attorneys, moderator of a distinguished panel including the Connecticut Banking Commissioner, Connecticut Bar Association, New Haven, Connecticut (November 29, 2007)
  • “The Future of Class Action Litigation in America,” Panelist, American Bar Association, Tort, Trial & Insurance Practice Section, Washington, D.C. (October 25, 2007)

Publications