Scott Kelly

Associate

Richmond
Business Phone: 804.697.2202
Business Fax: 804.697.1339

scott.kelly@troutmansanders.com

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Scott is an associate in the firm’s Consumer Financial Services group with a primary focus in the Financial Services Litigation practice. He represents clients in the areas of complex litigation and business disputes, in both federal and state court.

Scott has experience representing clients in complex, national class actions – most notably in Fair Credit Reporting Act (FCRA) and Securities Exchange Act litigation. As well, he actively represents a number of businesses in mortgage-foreclosure disputes, auto-finance litigation, and intellectual property challenges.

Scott is also engaged in providing pro bono assistance to a number of clients. He has served as a guardian ad litem in divorce proceedings and provided regular advice to an educational institution on general business matters, including collections and compliance with consumer-law statutes.

Scott has extensive personal knowledge of the federal court system in Richmond. Before joining the firm, Scott served for nearly two years as a judicial law clerk to the Honorable John A. Gibney, Jr., United States District Court for the Eastern District of Virginia. Scott provides ongoing analysis and commentary on developments in the consumer financial services industry, with a focus on credit card lenders, through the Consumer Financial Services Law Monitor blog at www.cfslawmonitor.com.

Representative Experience

Financial Services Litigation
Counsel for regional bank and board of directors in challenge to planned $400+ million merger on grounds of alleged breach of fiduciary duties and violations of the Securities Exchange Act of 1934.

Lead counsel handling all incoming litigation matters for national debt collector, including all class actions and claims under the Telephone Consumer Protection Act (TCPA), Fair Debt Collection Practices Act (FDCPA), Rosenthal Fair Debt Collection Practices Act, and California privacy law. Scott has successfully resolved over 20 cases during the course of this representation.

Represented leading data broker and marketing technology company in national class action filed under sections 1681k, 1681g, 1681b, and 1681e of the Fair Credit Reporting Act (FCRA).

Counsel for national data-analytics company facing numerous Fair Credit Reporting Act (FCRA) claims brought by a nationwide class of consumers.

Represented leading debt collector in national class action asserting claims under the Racketeer Influenced and Corrupt Organizations Act (RICO), Fair Debt Collection Practices Act (FDCPA), and for abuse of process.

Local counsel to Fortune 500 company in strike suit seeking to obstruct its planned merger on breach of fiduciary duty and securities-law disclosure grounds.

Counsel to provider of financial services for temporary staffing company with respect to contract disputes and a variety of compliance issues, particularly under the Uniform Commercial Code (UCC) and state analogs.

Complex Litigation
Represented global manufacturing company in intellectual property dispute against Chinese corporation involving patent infringement.

Counsel for regional manufacturer of baby products in intellectual property litigation over the design and technology of its baby strollers.

Represented trustee of corporation involved in dispute over multi-million dollar real estate transaction and ensuing litigation.

Counsel for government security and defense contractor in patent infringement action against competitors.

Represented regional tobacco company in declaratory action implicating sale on interest in qualified settlement fund escrow accounts, which resulted in a favorable ruling from the Fourth Circuit.

Counsel to Virginia bank in $12 million contract dispute involving portfolio-management allegations.

Consumer Litigation
Counsel for Fortune 500 banking institution in mortgage loan disputes and foreclosure litigation.

National counsel for Fortune 200 banking corporation with regard to numerous claims asserted under the Magnuson-Moss Warranty Act, FTC Holder Rule, and various state consumer protection statutes in Virginia, Nevada, Michigan, California, Missouri, Ohio, Pennsylvania, New York, and New Jersey.

Pro Bono
Counsel to local, church-based educational institution in providing general business advice on collections, billing practices, and compliance with consumer-protection statutes, including the Fair Debt Collection Practices Act (FDCPA).

Counsel for former armed service member relating to involuntary civil commitment litigation in Virginia state court.

Represented incarcerated individual as guardian ad litem in no-fault divorce proceedings.

Publications
Co-author, “FTC Enforcement Trends In 2013 And 2014 For FDCPA,” Law360, May 1, 2014.

Co-author, “Calif. Court Clears The Way For CFPB,” Law360, February 10, 2014.

Co-author, Top 5 Questions About the CFPB's "Larger Participant Rule,” Corporate Counsel, January 14, 2013.

Co-author, “CFPB’s Reach Extends To ‘Larger Participants’ And Beyond,” Law360, December 7, 2012.

Presentations and Speaking Engagements
Presenter, “CFPB, FTC, State Regulators and Compliance,” Credit and Collection News Seminar, Chicago, IL, October 1-2, 2013.

Work Experience
Associate, Troutman Sanders LLP, 2012-present
Law Clerk, the Honorable John A. Gibney, Jr., United States District Court for the Eastern District of Virginia, 2011-2012

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Education

  • Washington and Lee University, J.D., 2010
    Board Member, University Board of Appeals
    Champion, Robert J. Grey Jr. Negotiations Competition
  • University of Virginia, B.A., 2007


Bar Admissions

  • Virginia


Court Admissions

  • Supreme Court of Virginia
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia