Douglass v. Convergent Outsourcing, 765 F. 3d. 299 (3d Cir. 2014)
Aug 28, 2014
OUTCOME: Win for consumer class action plaintiff, where federal appeals court holds that displaying consumers' account numbers through the window of a collection envelope violates consumer privacy rights.
Revealing a consumer's account number through the window of a collection envelope improperly discloses private financial info in violation of federal law.
Communications and media
Gager v. Dell Financial Services, 727 F. 3d 265 (3d Cir. 2013)
Aug 22, 2013
OUTCOME: In the first case of its kind, U.S. Court of Appeals rules that cellphone customers may block annoying robocalls.
Consumers Can Retract Autodial Permission, 3rd Circ. Says: http://www.law360.com/articles/467141/consumers-can-retract-autodial-permission-3rd-circ-says
Consumer protection
Sacks v. Kia of West Chester, 2013 WL 210248 (E.D. Pa. 2013)
Jan 18, 2013
OUTCOME: $85,000 settlement for consumer in auto fraud case where dealership concealed odometer discrepancies in title history of 2004 Kia Optima
Area dealership advertised and sold a "low mileage" Kia Optima with only 33,600 miles. Consumer later learned the car had nearly twice that mileage. Kia of West Chester knew this because it pulled 2 ...CarFaxes before sale reflecting "odometer discrepancy" and higher mileage titles - but deliberately concealed and hid this important information from the buyer. The federal district court ruled the facts supported the consumer's claims under federal and state odometer acts and for statutory and common law fraud under PA law. The court also refused the dealership's request to send the case to non-judicial arbitration. On the eve of trial, we were able to obtain an excellent settlement for the consumer in this auto fraud case.
OUTCOME: $10.65 million settlement of class action for improper vehicle repossession practices
Multi-million dollar class action settlement for improper vehicle repossession practices
Financial markets and services
Harlan v. NRA Group, 2011 WL 813961 (E.D. Pa. 2011)
Mar 02, 2011
OUTCOME: Judgment for plaintiff, court recognizes "experience in prosecuting individual and class actions based on federal consumer protection law."
After federal court granted summary judgment for plaintiff in this consumer protection case, the court recognized Milz's "experience in prosecuting individual and class actions based on federal consume...r protection law."
Consumer protection
Cappuccio v. Prime Capital Funding, LLC, 649 F.3d 180 (3rd Cir. 2011)
N/A
OUTCOME: Jury verdict for consumer; appellate win for consumer in this predatory mortgage case.
Reversal of lone jury finding for defendant under Truth in Lending Act. Plaintiff (our client) obtained a jury verdict on all other counts at trial, including the claim that mortgage lending giant Cou...ntrywide violated the federal Equal Credit Opportunity Act and committed fraud by clear and convincing evidence. Big win for consumers alleging bait and switch predatory loans.
OUTCOME: Class action settlement for substantial cash and over $6 million in vacated unfair arbitration awards against Pennsylvania consumers.
Fair Debt Collection Practices Act (FDCPA) case against large debt collector for unfair and unconscionable collection practices.
Other recent FDCPA successes include: Cable v. Allied Interstate, Inc...., 2012 WL 5966542 (M.D.Pa. Nov. 29, 2012); Durr v. Rochester Credit Center, Inc., 2012 WL 2130953 (E.D.Pa. June 05, 2012); Jackson v. Midland Funding LLC, 468 Fed.Appx. 123 (3rd Cir.(N.J.) February 16, 2012); Lesher v. Law Offices Of Mitchell N. Kay, PC, 650 F.3d 993 (3rd Cir.(Pa.) June 21, 2011); Harlan v. NRA Group, LLC, 2011 WL 500024 (E.D.Pa. February 09, 2011); Dutterer v. Thomas Kalperis Intern., Inc., 767 F.Supp.2d 504 (E.D.Pa. February 04, 2011); Holmes v. Mann Bracken, LLC, 2009 WL 5184485 (E.D.Pa. December 22, 2009); Regan v. Law Offices of Edwin A. Abrahamsen & Associates, P.C., 2009 WL 4396299 (E.D.Pa. December 01, 2009); Rosenau v. Unifund Corp., 646 F. Supp. 2d 743 (E.D. Pa. 2009); Mushinsky v. Nelson, Watson & Assoc., LLC, 642 F.Supp.2d 470 (E.D.Pa. August 13, 2009); Reed v. Pinnacle Credit Services, LLC, 2009 WL 2461852 (E.D.Pa. August 11, 2009); Smith v. NCO Financial Systems, Inc., 2009 WL 1675078 (E.D.Pa. June 12, 2009); Wagner v. Client Services, Inc., 2009 WL 839073 (E.D.Pa. March 26, 2009).
Consumer protection
In re Hansen, No. 11-10472-SR (Bkrtcy. E.D. Pa. June 7, 2011)
N/A
OUTCOME: Recovery of $1 million in stolen insurance proceeds for client.
Successfully tried marathon evidentiary hearing to unravel sophisticated accounting scam, resulting in the chief bankruptcy judge observing that the fraudster's bankruptcy petition was “one of the most... egregious instances of a bad faith filing that the court has been witness to in over 17 years.” Earlier proceedings at 16 Pa. D. & C. 5th 241 (Pa. Ct. Com. Pleas Delaware Co. 2010).