Photo of H. Scott Kelly

Scott is a consumer data and privacy specialist. He regularly defends against data breach lawsuits and class action claims asserted under federal and state consumer-protection statutes (FCRA, FDCPA, TCPA, UCC, UDAAP, RICO). Scott represents companies on an array of data privacy issues, including background screening, consumer reporting, data breaches, ransomware attacks, and related regulatory investigations by the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), and state attorneys general.

Please join Troutman Sanders attorney’s David Anthony, Tim St. George, and Scott Kelly for the complimentary webinar, “2019 in Review: Key Developments for Background Screeners and Companies Subject to the FCRA” on March 4th from 3-4 pm ET.

Lawsuits alleging violations of the Fair Credit Reporting Act (“FCRA”), including background-check related litigation, have

On February 4, the Federal Communications Commission issued seven letters to certain United States phone companies that provide gateway service for international robocalls into stateside networks, directing them to cooperate in tracing back those calls. The companies are used as gateways into the United States for robocalls that originate overseas; thus, are uniquely situated to

On January 17, the Federal Trade Commission announced a settlement of allegations against a Latvian payment processor and its former CEO that they enabled a deceptive “free trial” offer scheme that billed United States consumers the full price for certain products and engaged in various tactics amounting to “credit card laundering.”

According to the FTC’s

On January 9, 2020, the United States Court of Appeals for the Eleventh Circuit issued its decision in Williams v. First Advantage Lns Screening Solutions, a case watched closely by the background screening industry. In Williams, the Court affirmed a $250,000 compensatory damages award and reduced a $3.3 million punitive damages award to

On December 18, the Federal Trade Commission approved a settlement of claims against Alexander Nix, the former CEO of Cambridge Analytica, LLC, and Aleksandr Kogan, an app developer who worked with the company, regarding their roles in allegedly deceiving consumers in order to collect personal information for voter profiling and targeting.

The FTC’s complaint claimed

On November 20, the Consumer Financial Protection Bureau announced that it is seeking public comments on the TRID Integrated Disclosure Rule, otherwise known as the “TILA-RESPA Integrated Disclosure” (“TRID Rule”) in accordance with Section 1022(d) of the Dodd-Frank Act. The TRID Rule implemented the Dodd-Frank Act’s directive to combine certain mortgage disclosures that consumers receive

On September 12, the U.S. Court of Appeals for the Eleventh Circuit reversed a trial court’s certification of a Rule 23(b)(2) “injunctive relief” class, holding that “because what this ‘injunction’ class really wants is damages—and more precisely, because the injunctive remedy that this class seeks would be improper—the answer to [whether the class is viable]

On September 19, the Consumer Financial Protection Bureau and the Federal Trade Commission announced they will hold a joint public workshop on December 10 related to key issues of accuracy governed by the Fair Credit Reporting Act, including those related to the accuracy of both traditional credit reports as well as employment and tenant background

Scott Kelly, an associate in Troutman Sanders’ Consumer Financial Services practice, has been selected as one of Virginia Lawyers Media’s Up & Coming Lawyers for 2019. The “Up & Coming Lawyers” awards program, now in its fourth year, recognizes lawyers across the commonwealth who are making their mark within their first 10 years of practice.

On August 1, a three-judge panel of the New Jersey Appellate Division affirmed a $40 million jury award to investment firm NuWave Investment Corporation for reputation damage by an allegedly inaccurate and defamatory background report issued by First Advantage Litigation Consulting LLC. Court records indicated that the allegedly offending information in the report issued by