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Spilman Thomas & Battle, PLLC

Nicholas P. Mooney, II

Nicholas P. Mooney, II

Member
Co-Chair, Technology

Expertise

  • Energy Law
  • Litigation
  • Compliance, Privacy & Investigations
  • Consumer Finance

WSG Practice Industries

Activity

WSG Leadership

ABA Group
Member
Banking & Finance Group
Member
Technology, Media & Communications Group
Member

Spilman Thomas & Battle, PLLC
West Virginia, U.S.A.

Profile
Mr. Mooney's primary area of practice is consumer financial services litigation in federal and state courts. He has devoted all of his time for the past 21 years to that practice area. In the past, he also has practiced energy law and general litigation.

Bar Admissions

Admissions

  • West Virginia State Bar
  • West Virginia Supreme Court of Appeals
  • United States District Courts for the Northern and Southern Districts of West Virginia
  • United States Court of Appeals for the Fourth Circuit
  • United States Supreme Court

Education

  • Marshall University, B.A., cum laude, 1993
  • West Virginia University, J.D., 1996
Areas of Practice

Compliance, Privacy & Investigations | Consumer Finance | Energy Law | Litigation | Technology

Professional Career

Significant Accomplishments

  • Representing and counseling clients regarding numerous federal and state consumer protection laws, including the Fair Debt Collection Practices Act, Gramm-Leach-Bliley Act, Financial Privacy Act, The Maxwell Governmental Access to Financial Records Act, and the West Virginia Consumer Credit and Protection Act
  • Defending financial institutions and other creditors in litigation involving alleged violations of state and federal consumer protection laws in connection with home mortgage loans, reverse mortgages, unsecured loans, automobile financing, credit card accounts and consumer credit sales
  • Representing clients in investigations by the State Attorney General regarding alleged violations of consumer protection laws
  • Serving as national counsel and managing local counsel in litigation involving state and federal consumer protection laws pending in various states
  • Practiced in many diverse areas of litigation, including corporate finance, product liability, professional liability and criminal defense
  • Represented several business entities within and around West Virginia in connection with acquisitions, government compliance, government relations and employee disputes


  • Seminars

  • "Student Lending: Enforcement Action and Ensuing Private Litigation," American Conference Institute's 18th National Forum on Consumer Finance Class Actions and Litigation, April 2014
  • "Interchange Fees, the Durbin Amendment and Litigation Surrounding Interchange Fees (Update on the Law)," and "The Use of Remote Starter Interrupt Devices and GPS Devices in the Servicing, Collection and Repossession of Automobile Debts," American Conference Institute's 15th Annual National Conference on Consumer Finance Class Actions and Litigation, January 2013
  • "Interchange Fees on Debit and Credit Cards, the Durbin Amendment to the Dodd-Frank Act, and Litigation Surrounding the Durbin Amendment," American Conference Institute's 14th Annual National Conference on Consumer Finance Class Actions and Litigation, July 2012
  • "Preparing Clients, Lay Witnesses, and Expert Witnesses to Testify at Deposition and Trial," Institute for Paralegal Education, June 2010
  • "Tips for Effective Settlement Negotiations and Mediation," Institute for Paralegal Education, June 2010

  • Articles

    Publications & Presentations

    • Podcaster, "Consumer Litigation Landscape After the 2015 Amendments to the WV Consumer Credit and Protection Act," Spilman Insights podcast, January 2020
    • Guest Speaker, "Litigation Landscape in West Virginia: What Debt Collectors Should Know About the 2015 Amendments to the Consumer and Credit Protection Act," ACA Cast, ACA International, September 2019
    • Co-author, "How will the West Virginia Court rule in the wake of Concepcion and Marmet?" West Virginia Trial Counsel Annual Meeting Notebook, April 2012
    • Co-author, "The Decline of Dunlap: Enforcement of Arbitration Provisions in Consumer Contracts are Gaining Ground in West Virginia," March 2011
    • Author, "Preparing Your Witnesses to Testify," June 2010
    • Co-author, "Post-Cuomo: The Floodgates Have Not Opened and Watters Still Predominates," December 2009
    • Co-author, "Attorney General Objections to Proposed Class Action Settlements Under the Class Action Fairness Act of 2005," January 2009
    • Co-author, "Summary of the Consumer Finance Investigations and Actions of the Attorneys General for all States and the District of Columbia During the Years 2006 - 2008," January 2009
    • "Student Lending: Enforcement Action and Ensuing Private Litigation," American Conference Institute's 18th National Forum on Consumer Finance Class Actions and Litigation, April 2014
    • "Interchange Fees, the Durbin Amendment and Litigation Surrounding Interchange Fees (Update on the Law)," and "The Use of Remote Starter Interrupt Devices and GPS Devices in the Servicing, Collection and Repossession of Automobile Debts," American Conference Institute's 15th Annual National Conference on Consumer Finance Class Actions and Litigation, January 2013
    • "Interchange Fees on Debit and Credit Cards, the Durbin Amendment to the Dodd-Frank Act, and Litigation Surrounding the Durbin Amendment," American Conference Institute's 14th Annual National Conference on Consumer Finance Class Actions and Litigation, July 2012
    • "Preparing Clients, Lay Witnesses, and Expert Witnesses to Testify at Deposition and Trial," Institute for Paralegal Education, June 2010
    • "Tips for Effective Settlement Negotiations and Mediation," Institute for Paralegal Education, June 2010


    WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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