Scott S. Gallagher is a Partner in the Jacksonville office of Smith, Gambrell & Russell, LLP.
Scott Gallagher concentrates his practice in commercial litigation dealing with complex business and contract disputes.
Within his commercial litigation practice, he focuses on real estate litigation including lease disputes concerning commercial and industrial properties, purchase and sale disputes, matters involving title insurance, the removal of encumbrances on title, equitable lien claims, deed restrictions, condominium development and construction litigation. His practice also focuses on consumer litigation defense.
Mr. Gallagher received his A.B. in Political Science from Duke University in 1996 and his J.D. from the University of Florida in 2000. Mr. Gallagher has been a member of the Florida Bar since 2000.
He is admitted to practice law in the State of Florida and the following federal courts: U.S. Court of Appeals for the Fourth Circuit, Seventh Circuit and Eleventh Circuit; Middle, Northern and Southern Districts of Florida; Northern District of Illinois; Eastern District of Michigan; Eastern District of Missouri; Northern, Southern, Eastern and Western Districts of Texas; and Eastern District of Wisconsin.
Out of the office, he enjoys training for marathons and triathlons and traveling.
He has handled dozens of class action claims under the Fair Debt Collection Practices Act (“FDCPA”), the Telephone Consumer Protection Act (“TCPA”), and many other consumer protection laws including the Fair Credit Reporting Act (“FCRA”), the Electronic Funds Transfer Act (“EFTA”) and the Privacy / Anti-Eavesdropping Provisions under Section 632 and 632.7 of the California Penal Code. He has also handled more than one thousand individual and class action claims under the FDCPA, the TCPA, the FCRA and numerous state consumer protection laws including the Florida Consumer Collection Practices Act (“FCCPA”), Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), the California Rosenthal Fair Debt Collection Practices Act, and similar consumer protection laws in Georgia, Maryland, Massachusetts, Michigan, Nevada, New Hampshire, New Jersey, North Carolina, Pennsylvania, Texas, Washington, West Virginia and other states, and claims relating to alleged violations of the automatic stay provisions of the Bankruptcy Code. He additionally advises clients on matters of compliance under the TCPA, the FDCPA and FCRA, and partners with clients to craft and maintain policies and procedures to ensure compliance with such laws in order to preclude litigation and avoid liability.
He has significant experience in the representation of clients in defense of consumer claims concerning medical billing and in disputes concerning revenue cycle management contracts in the medical billing context.
He has represented clients in the pursuit of pre-judgment remedies of garnishment and attachment to preserve assets for subsequent collection on judgment.
He has also represented clients in investigating and pursuing post-judgment claims under the Florida Uniform Fraudulent Transfer Act, including a favorable judgment resulting in the recovery of fraudulently transferred assets valued in excess of $10 million dollars.
ACA International (Association of Credit and Collection Professionals)