Ernest Henry Kohlmyer III

Successfully defended client in TCPA class action lawsuit.

Landmark TCPA opinion relating to the interpretation of the definition of “ATDS” under the TCPA. Case was cited as supporting authority in the United States Supreme Court opinion in Facebook v. Duguid.

Judgments awarded in favor of the client for a total of $7 million in damages, return of collateral, and recovery of attorney’s fees and costs of over $150,000.00.

Landmark TCPA opinion affirming the FTC’s declaratory order regarding “prior express consent” and obtaining defense verdict for client in TCPA class action lawsuit.

Successfully defended client in FCRA case in which client prevailed on summary judgment for demonstrating the client conducted an undisputable “reasonable re-investigation” of plaintiff’s challenge to credit bureau reporting.

Successfully defended client in FCCPA case in which the court held that a violation of the FDCPA is not a per se violation of the FCCPA.

Successfully defended client in FDCPA and FCCPA lawsuit finding that client did not violate Section 1692e(11) because the context of the voice mail message conveyed sufficient information that the call was from a debt collector as required by the statute.

Successfully defended client in FDCPA and FCCPA lawsuit and establishing that ‘actual knowledge’ is required under Section 559.72(9) Fla. Stat.

Landmark Florida inverse condemnation case in which client City prevailing in alleged condemnation claim caused by excess flooding.

Successfully defended Town of Ponce Inlet in multi-count Section 1983 lawsuit for alleged constitutional and civil rights allegations.

Successfully defended insurance carrier finding that the determination of “scope of employment” issue based on a coverage exclusion can be determined prior to the determination of liability in the underlying personal injury claim against the City.