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Overview

Scott defends providers of consumer financial services against claims brought under a shifting landscape of federal and state laws.

Clients he assists include installment lenders, auto finance companies, mortgage servicers, mortgage lenders, banks, credit unions and debt collection companies. Scott defends these companies in class actions, individual lawsuits, arbitration and against government enforcement actions. In addition to this work, Scott regularly represents clients in a wide range of general commercial litigation matters, including breach of contract claims and alleged business torts. He also represents clients on appeal, having briefed cases in state appellate courts and supreme courts and in multiple circuits of the federal court of appeals.

At every level and every step of litigation, Scott focuses on the defense of consumer financial services providers. He has particular experience with claims under state and federal consumer protection laws such as:

  • Telephone Consumer Protection Act (TCPA)
  • Truth in Lending Act (TILA)
  • Fair Debt Collection Practices Act (FDCPA)
  • Fair Credit Reporting Act (FCRA)
  • Real Estate Settlement Procedures Act (RESPA)
  • Illinois Consumer Fraud and Deceptive Business Practices Act

Although Scott thoroughly enjoys litigating these claims, he recognizes that it often makes sense for the client to avoid the courtroom. Scott always conducts an initial case assessment to determine how to best proceed from the client’s perspective.


Industry

Services

Education

  • J.D., DePaul University College of Law
    • cum laude
  • B.A., University of Pittsburgh
    • English Writing
    • magna cum laude

Admissions

  • Illinois
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Southern District of Illinois
  • U.S. Court of Appeals, Seventh Circuit

Professional Associations and Memberships

  • American Bar Association
  • Illinois State Bar Association
  • Mortgage Bankers Association

Clerkships

  • Appellate Court of Illinois, Second District, 2004-2006
Experience

Class Action Defense and Appeals

  • Defended consumer installment lender in putative class action involving alleged violations of TCPA's limits on use of automatic telephone dialing systems.
  • Defended mortgage servicer in putative class action involving alleged improper collection practices under federal and state law.
  • Defended national bank in putative class action involving alleged violations of the TCPA's limits on use of automatic telephone dialing systems.
  • Defended in federal district court and on appeal mortgage lender in putative class action involving alleged violations of the FCRA's limitations on accessing consumer credit reports.
  • Defended in federal district court and on appeal automobile insurer in putative class action involving alleged violations of state laws regarding notice to insureds.
  • Represented retailer in putative class action involving alleged disclosure violations under TILA.
  • Defended mortgage lender on appeal in state appellate court and supreme court in case raising complex issues about the interplay between commercial paper and real property law.

Other Litigation and Arbitration

  • Defended state bank in lawsuit involving alleged violations of state consumer fraud act in connection with making of residential mortgage loan.
  • Defended state bank in lawsuit involving alleged breach of contract in connection with making of commercial mortgage loan.
  • Defended mortgage lender against foreclosure counterclaims alleging violation of RESPA's requirements for qualified written requests.
  • Defended consumer installment lender in bankruptcy adversary proceeding involving alleged disclosure violations under TILA.
  • Defended consumer installment lender in arbitration involving alleged unlawful debt-collection activities.
Thought Leadership
Outside the Office

Scott spends time reading, with family and enjoying live music.

An avid reader, Scott usually has his nose in a book. He enjoys fiction, philosophy and biographies. He also works out, and listens to live music, particularly anything related to the Grateful Dead.