Scott Kelly

Associate

Richmond
Business Phone: 804.697.2202
Business Fax: 804.697.1339

scott.kelly@troutman.com

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Scott Kelly is an associate in the firm’s Consumer Financial Services practice 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 developed an expertise representing clients in national class actions and complex business disputes – most notably in Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Securities Exchange Act, and West Virginia Consumer Credit and Protection Act (WVCCPA) litigation. He frequently represents businesses in mortgage-foreclosure disputes, auto-finance litigation, intellectual property challenges, claims implicating Metro II standards for credit reporting, and issues involving the Servicemembers Civil Relief Act (SCRA).

Scott has represented clients in national class actions filed in federal courts in Virginia, Nevada, California, Ohio, Arizona, New York, Pennsylvania, and Iowa. He has handled state-only class actions in Virginia, Maryland, New Hampshire, and Ohio.

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.

In law school, Scott served as a member of the Washington and Lee University Board of Appeals. He also was the 2010 Robert J. Grey Jr. Negotiations Competition Champion.

Scott has extensive personal knowledge and experience working in the “Rocket Docket” of the Eastern District of Virginia. Before joining the firm, Scott served as the first 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 cfslawmonitor.com.

Representative Matters

Class Actions

  • 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.
  • Won summary judgment, and effective denial of class certification, in a national FCRA class action in the U.S. District Court for the District of Nevada on behalf of a leading mortgage servicer.
  • Won denial of class certification in an FDCPA class action filed in the U.S. District Court for the Eastern District of Virginia against a major national debt collector.
  • Won summary judgment on behalf of a large debt collector in a federal FDCPA case filed in the U.S. District Court for the Southern District of Missouri.
  • Won dismissal as a matter of law in a large-scale federal mortgage action filed against a Fortune 100 company in the U.S. District Court for the Eastern District of Virginia involving a 108-page complaint and 26 causes of action.
  • Won dismissal as a matter of law in a complex FDCPA case filed in the U.S. District Court for the Eastern District of Virginia involving the FDCPA’s North Carolina state analog statute.

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 to Fortune 300 banking institution in multiple lawsuits filed against mortgage loan originators for indemnification and repurchase of faulty loans.
  • 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 45 cases during the course of this representation, including over 15 class actions.
  • Advised Fortune 20 financial institution on state and municipality “ban-the-box” legislation, including relevant compliance practices.
  • 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.
  • Represented top-5 debt collector in novel Fair Credit Reporting Act (FCRA) case involving dispute-removal procedures for credit furnishers.
  • Advised leading credit card issuer on proper compliance procedures related to Metro II coding and credit reporting for accounts involved in bankruptcy.
  • 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.
  • Represented national mortgage loan servicer in litigation involving pre-foreclosure regulations promulgated by the U.S. Department of Housing and Urban Development (HUD).
  • 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

Presentations and Speaking Engagements

  • Presenter, “Navigating Risks, Threats, and Lawsuits in the Credit and Collection Industry,” Lorman webinar, July 28, 2016.
  • Presenter, “Navigating Risks, Threats, and Lawsuits in the Credit and Collection Industry Live Webinar,” Lorman Education Services, August 27, 2014.
  • Presenter, “CFPB, FTC, State Regulators and Compliance,” Credit and Collection News Seminar, Chicago, IL, October 1-2, 2013.

Professional and Community Involvement

  • Vice-President and Director, Westwood Club
  • Federal Bar Association, Richmond Chapter
  • Virginia State Bar

Professional Experience

  • Troutman Sanders Recruiting Committee, 2014-present
  • 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., Board Member, University Board of Appeals
    Champion, Robert J. Grey Jr. Negotiations Competition
  • University of Virginia,
    B.A.

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