Anthony C. Kaye

Partner He / Him / His
Salt Lake City
New York

Anthony C. Kaye represents consumer financial services providers in complex litigation and also focuses on real estate litigation. He is the Leader of our Military Lending Team, which is part of the firm’s Consumer Financial Services Litigation Group.

Experience 

Representative Matters

  • Defended a portfolio of Fair Credit Reporting Act (FCRA) cases on behalf of a solar panel company in state and federal courts throughout the country.
  • Defended a portfolio of cases on behalf of mortgage servicers involving efforts to strip mortgage investors of their first position liens in Nevada.
  • Defended an auto finance company in a putative class action lawsuit alleging Military Lending Act violations.
  • Defended a financial institution in a putative class action lawsuit alleging violations of the Uniform Commercial Code (UCC) requirements for foreclosure.

Professional Highlights

Pro Bono Experience

Tony is a member of Ballard Spahr's Pro Bono Committee and supervisor of the firm's pro bono program in Utah.

The Legal Services Corporation presented Tony with a Certificate of Appreciation for "extraordinary commitment to providing equal access to justice through Private Attorney Involvement with Utah Legal Services" in 2008.

Professional Activities

Barrister, Order of Veritas

American Bar Association, Forum on the Construction Industry (Dispute Avoidance and Resolution), member; Business Law Section, member; Vice-Chair, Webinars and Roundtables Subcommittee, Consumer Financial Services Committee

Recognition & Accomplishments

Fellow, Litigation Counsel of America

Recipient of the 2020 Alan J. Davis Award, given annually by the firm to honor an individual or group at the firm providing exemplary legal representation in a matter involving the public good

Named a Mountain States Super Lawyer 2007-2009, 2014-2019

The Best Lawyers in America, real estate litigation, 2015-2022; "Lawyer of the Year," litigation-real estate (Salt Lake City), 2021

Speaking Engagements

Speaker, "Auto Finance and the Military Lending Act," 2020 ABA Business Law Section Annual Meeting (Virtual), September 25, 2020

Facilitator, "MLA Litigation and Investigations Concerning GAP Coverage," 2019 ABA Consumer Financial Services Committee Midwinter Meeting, Tucson, Arizona, January 18, 2020

Facilitator, "The CFPB Is Not Going Away: CFPB CID Activity and Investigational Hearings," 2019 ABA Consumer Financial Services Committee Annual Meeting, Washington D.C., September 13, 2019

Board Memberships & Community Service

Prevent Child Abuse Utah, past Executive Committee Member and past Chair

Governor's Child Abuse Prevention Task Force, past Member

Bernheim Arboretum and Research Forest, past Member

Publications

Co-author, "Criminal Law Defenses to an Espionage Act Prosecution: Overbreadth, Vagueness, and Lack of Criminal Intent," Media Law Resource Center Joint Committee Report, September 2019

Co-author, "Utah's New Regulatory Sandbox," The National Law Review, June 11, 2019

"Wyoming Creates Fintech Sandbox," The National Law Review, June 6, 2019

Credentials 

Education

Case Western Reserve University School of Law (J.D., magna cum laude, 1993)
Articles Editor, Case Western Reserve Law Review
Order of the Coif

Hamilton College (B.A. 1986)

Admissions

New York

Utah

U.S. District Court for the Western District of Michigan

U.S. District Courts for the Southern and Eastern Districts of New York

U.S. District Court for the District of Utah

U.S. Court of Appeals for the District of Columbia

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the 10th Circuit

U.S. Supreme Court