Attorneys Zachary M. Vaughan

Biography

Zachary M. Vaughan is Senior Counsel in Berger Montague’s Consumer Protection group, where he focuses on consumer class actions involving credit-reporting practices, data breaches, and deceptive business practices. Mr. Vaughan has played key roles in cases resulting in more than $100 million in class settlements at the Firm, including FCRA cases challenging the procedures that consumer reporting agencies use to screen consumers against federal government watchlists. His practice has a particular focus on cases involving algorithmic processes and the analysis of large datasets, and he draws on programming and data-analysis skills in his work.

Before joining the Firm, Mr. Vaughan litigated complex securities class actions at an international plaintiffs’ firm, where he was part of a team that achieved a $102.5 million class settlement following extensive summary-judgment and Daubert briefing. Prior to that, Mr. Vaughan was an associate at a large national law firm, where he litigated RMBS-related disputes, commercial-contract disputes, and consumer class actions, and handled internal and government investigations. He has briefed and argued appeals in both federal court and New York state courts.

Mr. Vaughan has maintained an active pro bono practice throughout his career. Among other matters, he has prepared a successful affirmative asylum application for a refugee, represented indigent criminal defendants at multiple levels of the New York appellate courts, represented families in proceedings under the Individuals with Disabilities Education Act, and successfully compelled a state agency to disclose administrative hearing decisions under New York’s Freedom of Information Law.

Mr. Vaughan is a graduate of Dartmouth College and Georgetown University Law Center, where he graduated cum laude, served on the editorial board of The Georgetown Law Journal, and served as a Student Counsel in the Georgetown Appellate Litigation Clinic. Following law school, Mr. Vaughan served as a law clerk to Judge D. Michael Fisher of the U.S. Court of Appeals for the Third Circuit and to Judge Colleen McMahon of the U.S. District Court for the Southern District of New York.

Prominent Judgments & Settlements

  • Fernandez v. CoreLogic Credco, LLC, No. 20-cv-1262 (S.D. Cal.). $58.5 million settlement in FCRA class action alleging that defendant inaccurately reported consumers as possible matches to the U.S. Treasury Department’s OFAC Specially Designated Nationals List.
  • Rodriguez v. National Credit Center, LLC, No. A-23-869000-B (Nev. Dist. Ct.). $30 million settlement in FCRA class action alleging that defendant inaccurately reported consumers as possible matches to the OFAC Specially Designated Nationals List.
  • Moore v. Robinhood Financial LLC, No. 2:21-cv-01571 (W.D. Wash.). $9 million settlement in class action alleging that defendant violated the Washington Commercial Electronic Mail Act and Consumer Protection Act by assisting users in sending unsolicited advertising text messages to Washington residents through its referral program.
  • In re PharMerica Data Breach Litigation, No. 3:23-cv-00297 (W.D. Ky.). $5.275 million settlement in data-breach class action brought on behalf of over 5.8 million individuals whose protected health information and other sensitive personal information were compromised.
  • In re Capital One Financial Corporation, Affiliate Marketing Litigation, No. 1:25-cv-00023 (E.D. Va.). Settlement providing uncapped reimbursement of affiliate marketing commissions, plus injunctive relief requiring business practice changes for at least two years, in class action alleging that Capital One’s Shopping browser extension diverted affiliate marketing commissions from bloggers, influencers, and other online content creators.
  • Christian v. Trans Union, LLC, No. 2:22-cv-02253 (E.D. Pa.). Representing class of consumers in FCRA litigation alleging that TransUnion failed to follow reasonable procedures to assure the accuracy of its reports by incorrectly matching consumers to deceased individuals on the Social Security Administration’s Death Master File.
  • Rodriguez v. Dealertrack Systems, Inc., No. 2:24-cv-05084 (E.D.N.Y.). Representing class of consumers in FCRA and New York Fair Credit Reporting Act litigation alleging that defendant, a consumer reporting agency that sells credit reports and OFAC checks to car dealerships, falsely reported consumers as matches to the U.S. Treasury Department’s OFAC Specially Designated Nationals List based on name-only matching without verifying dates of birth, addresses, or other identifying information.
  • Garland v. Credit Plus, LLC & MeridianLink, Inc., No. 2:25-cv-00756 (E.D. Pa.). Representing class of consumers in FCRA litigation alleging that defendants, two reseller consumer reporting agencies that compile tri-merge credit reports used in mortgage lending, failed to follow reasonable procedures to assure maximum possible accuracy by including facially inaccurate information belonging to other consumers—despite obvious mismatches in names, Social Security numbers, and addresses—causing mortgage application denials and other credit harm.
  • In re Last Brand, Inc. d/b/a Quince Pricing Litigation, No. 3:25-cv-09789 (N.D. Cal.). Representing class of consumers in deceptive-practices litigation alleging that defendant used false “strikethrough pricing” and misleading discount claims to deceive consumers.
  • In re GEICO Customer Data Breach Litigation, No. 21-cv-2210 (E.D.N.Y.). Representing class of consumers in privacy class action alleging that GEICO voluntarily disclosed millions of consumers’ drivers’ license numbers on its website in violation of the federal Drivers’ Privacy Protection Act.

Professional Leadership

  • Former Chair, Federal Rules Amendments Subcommittee, Federal Courts Committee, New York City Bar Association
  • Member, Federal Bar Council
  • Member, Dartmouth Lawyers Association

Honors & Awards

  • Best Lawyers: Ones to Watch: 2026
  • Super Lawyers: 2023-2025
  • Super Lawyers Rising Star: 2017-2022
  • Legal Aid Society Pro Bono Publico Award

Publications

  • Contributing Author, New York Commercial Division Practice Guide, Litigation Practice Portfolio Series No. 801, Bloomberg BNA (2017)
  • The Paradox That Wasn’t: Federal Preemption of State-Law Voice Misappropriation Claims, 11 J. Marshall Rev. Intell. Prop. L. 694 (2012)
  • The Reach of the Writ: Boumediene v. Bush and the Political Question Doctrine, 99 Geo. L.J. 869 (2011)

Clerkships

  • Hon. D. Michael Fisher, U.S. Court of Appeals for the Third Circuit
  • Hon. Colleen McMahon, U.S. District Court for the Southern District of New York
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Education

Law School
Georgetown University Law Center, J.D. cum laude 

Undergraduate
Dartmouth College, A.B. 

Admissions

  • Member – New York Bar
  • Member – District of Columbia Bar
  • Admitted – U.S. Supreme Court
  • Admitted – U.S. Court of Appeals for the Third Circuit
  • Admitted – U.S. Court of Appeals for the Sixth Circuit
  • Admitted – Southern District of New York
  • Admitted – Eastern District of New York