Our Experienced Attorneys and TCPA Litigators

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     The Consumer Protection Firm specializes in fighting "robo-bullies."  We have vast experience handling class action and individual cases all over the country in "robo-call" aka TCPA litigation.  We work hard to protect the rights and freedoms of consumers who have been unlawfully contacted by banks, mortgage companies, student loan companies and a multitude of other debt collectors.  Maximum financial compensation is our goal for our clients who may be entitled to $1500 for each unwanted call received in the last 4 years.  The companies we have fought for over 20 years make so much money harassing people using their robo-dialers that they have no real incentive to stop.  We have taken these mega-corporations to trial and won, settled hundreds and hundreds of cases for our clients and collected millions and millions of dollars, however abusive robo-calls are still the Number One consumer complaint in our country.  Join our fight against the biggest bullies on the block and let's stand up for our rights and freedoms together.  

 

     William "Billy" Peerce Howard, Esquire and Amanda J. Allen, Esquire are two of the most experienced TCPA litigators in America.  Mr. Howard is one of the only lawyers in the country that has taken debt collectors and big banks to an actual jury trial.  What sets him further apart is he obtained a punitive damages verdict plus verdicts for money damages and statutory damages.   Mr. Howard has been interviewed about "robo-calls" and "collection harassment" probably more than any other lawyer ever, including by national news stations: ABC World News with Diane Sawyer, 60 Minutes, CNN, Fox, CBS, NBC, MSNBC and recently by a Russian t.v. station.  Inside Edition has featured Mr. Howard on two in-depth pieces on consumer protection.  Mr. Howard has also been on the front page of the Wall Street Journal.  He has been in the USA Today and numerous papers throughout Florida and the country.  The stories about Mr. Howard's consumer protection cases and experience have gone "viral" on the internet giving him international recognition as far away as a recent Chinese article.  In a recent radio interview he was referred to as a "Superhero in the Consumer Protection World." 

     Ms. Allen was lead trial attorney with Mr. Howard in a TCPA case where the Defendant paid Two Hundred and Seventy Five Thousand dollars ($275,000.00) the day before trial or "on the courthouse steps" as they say.  She has also helped shape the landscape in our federal court system by obtained numerous court Orders forcing banks and debt collectors to conduct themselves according to the law and in good faith.  She not only works tirelessly to seek compensation for victims of harassment, but also has taken great strides in leveling the playing field for consumers.  

Billy Howard

Billy Howard

Amanda Allen

Amanda Allen

The Telephone Consumer Protection Act (TCPA)

     The TCPA is a federal statute designed to stop the illegal use of automatic telephone dialing systems ("ATDS" or "robo-dialers") and prerecorded messages.  If any company is making calls to you without your "express permission" then you most likely are entitled to $1500 for each call they make! 

     The TCPA is a strict liability statute, meaning it requires courts to give a minimum of $500 for each illegal call and up to $1500 for each call made to your phone in the last 4 years.  Most large banks, mortgage companies, student loan providers, financial corporations and debt collectors use numerous robo-dialers and frankly could not care less about your rights to privacy.  They make so much money robo-calling millions of people everyday that the few million they are forced to pay consumers is a drop in the bucket compared to the profits they enjoy.  More people should know about their rights not to be harassed and not to be robo-bullied but they don't and this encourages more and more companies to be more and more abusive.

     Unwanted robo-calls are the Number One consumer complaint in America today.  Some people know how to file complaints with the government but they simply don't know their legal rights and they don't know lawyers who specialize in this complex litigation.  Everyone needs to know that even if they owe money to a company they have the absolute right to simply tell them to stop calling.  If the company refuses to stop calling after asked to do so it is a clear violation for every call made.  Most companies have little or no procedures to stop calling and the few companies that do have policies do not enforce them.  This type of illegal conduct leads to the basis for the $1500 per call violation versus the minimum violation which is $500 per call.  Another common violation is when a company is calling a phone despite never having express permission to do so, usually this happens when a phone number is reassigned or somebody lists a number of a friend or family on an application. 

     "Robo-calls" are any calls made using an "automatic telephone dialing system" (ATDS). Some people think "robo-calls" must be a pre-recorded message or artificial voice but according to the law it is all calls made using auto-dialer technology.  Text messages are also considered a "call" and carry the same penalties of a minimum of $500 per violation and maximum of $1,500 per call.  Individuals may also actually be entitled to $3,000 per pre-recorded message since these prerecorded messages are normally made using an auto-dialer.  The technology of these new auto-dialers is truly astounding.  It is common for companies to call 14 million people every day or text 18 million times per month.  The total number of robo-calls everyday is unknown for sure but some experts estimate that around 1.5 Billion robo-calls happen each and every day in America.

     One thing that all consumer advocates agree on is that its time to stand up and fight back.  Nobody should be held hostage in their own home or at work or with their friends or family and be scared to answer their own phone.  Debt collectors and banks like to bully people and until we really fight back it will continue.  Lets reclaim our privacy and make these bullies pay for it.  If you think a company has called you without your permission and you would like to seek compensation and hold them financially accountable for their illegal conduct, our attorneys will be happy to provide you with a free consultation. 

     If the calls were "intentional" the answer is probably "Yes!" 

     The TCPA requires a minimum of $500 for each illegal call and up to $1,500 per call if the calls were "willful" or "knowing."  It is discretionary whether the calls get the full $1,500 per call treatment or the $500 per call garden variety.  Some factors that courts look at in the determination of whether the calls could be worth $1500 per call are: (1) has the defendant has been sued before, (2) are there similar complaints against them with federal and/or state agencies (3) are there complaints against this company on consumer websites like 1800Notes and (4) did you tell this company to "stop calling" and they still made calls. 

     Here is a list of companies we are investigating and believe may be intentionally violating the TCPA: Kohl's Department Store, Macy's, Sallie Mae, Navient, Student Assistance Corporation, Wells Fargo, Bank of America, Chase Bank, Regions Bank, Conn's, Comenity Bank, Capital One, Credit One, Exeter Finance, Portfolio Recovery, NCO Financial,  ACS, Green Tree, US Bank, Fingerhut, Midland Credit Management, Verizon Community Bank, Kia Motor Company, Credit Protection Association, Jefferson Capital, Network Capital, FIA Card Services, Mid-America Banking Corporation, Virginia College, Caliber Home Loans, Ocwen Mortgage, Nationstar Mortgage, Ally Financial, DriveTime, World Omni Financial Corporation, Allied Interstate, Consumer Credit Counseling, AFNI, Mercy Hospital, Valarity, M&T Bank, Enhanced Recovery Company, NCSPlus, and HSBC.