Thomas Kost draws on his experience as a regulator to guide financial services companies through high-stakes enforcement and supervisory matters, litigation, and compliance challenges. A former staff attorney with the FTC's Bureau of Consumer Protection, Thomas has extensive experience handling all aspects of complex governmental investigations and litigation involving a wide variety of consumer financial laws. He uses that insight to create a clear roadmap for clients to follow when issues arise and counsels them on the best way to address business concerns throughout the process. He also provides practical advice to clients seeking to mitigate enforcement and litigation risk proactively.
Thomas's experience spans a range of traditional and emerging financial products and services. While with the FTC, Thomas helped develop the agency's enforcement strategy relating to small business financing. In private practice, he has represented banks, card issuers, and non-bank financial services providers in matters involving retail deposit products, overdraft services, mortgage lending and servicing, credit cards, and prepaid cards.
Thomas shares the firm's commitment to providing pro bono legal services. He has represented clients in litigation involving prisoners' rights and equitable school funding.
Federal Trade Commission
Conducted investigations and brought actions in federal court to enforce consumer protection laws, principally Section 5 of the FTC Act prohibiting UDAPs. Coordinated with federal and state agencies on joint actions and partnerships. Assisted with strategic planning and setting enforcement priorities on issues involving small business financing and fair lending.
Enforcement and supervisory matters
Has successfully defended clients in investigations, supervisory examinations, and enforcement proceedings brought by the CFPB, OCC, DOJ, and multiple state attorneys general. Often has achieved confidential resolutions resulting in no public enforcement action taken against clients.
Strategic advice and compliance counseling
Has counseled clients on novel compliance issues involving various consumer financial laws, including ECOA, TILA, FCRA, and EFTA, among others. Has conducted risk assessments and internal investigations, helping clients implement appropriate corrective action and self-disclose issues to regulators when necessary. Has evaluated and enhanced compliance management systems on an enterprise scale.
Admitted to Practice
District of Columbia, 2015
U.S. Court of Appeals 4th Circuit
U.S. Court of Appeals 6th Circuit
U.S. Court of Appeals 9th Circuit
U.S. Court of Appeals D.C. Circuit
U.S. District Court Eastern District of Virginia
J.D., Northwestern University School of Law, 2012
- Order of the Coif
- Senior Online Editor, Northwestern University Law Review
B.A., Politics, Whitman College, 2007
- Walter Brattain Scholar
- Varsity Baseball
- Staff Attorney, Federal Trade Commission, Bureau of Consumer Protection, Division of Financial Practices, Washington, D.C., 2018-2021
- Associate, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., 2014-2018
- Law Clerk, Hon. Leonie M. Brinkema, U.S. District Court, Eastern District of Virginia, Alexandria, Va., 2013-2014
- Law Clerk, Hon. R. Guy Cole, Jr., U.S. Court of Appeals, 6th Circuit, Columbus, Ohio, 2012-2013
- Summer Law Intern, U.S. Department of Justice, Civil Division, Federal Programs Branch, Washington, D.C., 2011