Mooney, Nicholas P., II

Nicholas P. Mooney II Member Charleston, W.Va. 304.340.3860 nmooney@spilmanlaw.com

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

Representative Experience

• 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, 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

Education

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

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

Affiliations

• American Bar Association, co-chair of a nationwide subcommittee focusing on the study and understanding of courts' decisions on pretrial practice
• Kanawha County Bar Association, served in many offices, including currently serving as President
• Judge John A. Field, Jr. American Inn of Court
• ACA International

Publications

• Co-author, "How will the West Virginia Court rule in the wake of Concepcion and Marmet?" 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)

Other

• Presenter, Preparing Clients, Lay Witnesses, and Expert Witnesses to Testify at Deposition and Trial, Institute for Paralegal Education (June 2010)
• Presenter, Tips for Effective Settlement Negotiations and Mediation, Institute for Paralegal Education (June 2010)