PRACTICE AREAS

CLASS ACTION

Consumer class actions against auto carriers for improper add-on charges and fees: I have successfully litigated and settled several class actions against auto insurance companies for improperly and deceptively charging consumers for certain unauthorized charges or ancillary products. By way of example, I am currently litigating a certified class action against Safe Auto for deceptively charging insureds for an unrequested “accidental death” product. Similarly, a few years ago I settled a class case against Acceptance Insurance involving their practice of improperly assessing consumers for an unrequested “motor-club” ancillary product. I also settled a similar class case against Direct General involving its practice of deceptively charging insureds for add-on products. I am currently involved in litigation in several states against The General Auto Insurance Company challenging its practice of assessing improper fees when policies are cancelled. 

Consumer class actions against auto carriers for improper payment and adjustment of total loss claims: I am currently involved in class action litigation in Georgia against auto carriers involving practices surrounding payment of total loss claims. For example, some auto carriers are not properly paying mandated taxes and registration fees when adjusting total loss claims. Also, I am involved in class litigation that challenges the valuation methodology used by third party vendors hired by the insurance company, including Mitchell, AutoSource, and CCC. We believe these vendors are making improper deductions on total loss car values. 

ERISA class actions for workers or former employees: One area that I have enjoyed working on over the last few years deals with ERISA claims by retirees or former employees. Cases involving changes to retirement benefits by a company, improper retirement investment practices, excessive administrative fees surrounding retirement plans, failure to provide proper COBRA notices, and ERISA disability can be great. A few years ago, I was lead counsel in an ERISA class case against Cooper Tire on behalf of several retirees whose retirement benefits had been altered or cut off. The Cooper Tire case settled for over $50,000,000. See Cates v. Cooper Tire, 3:06-CV-00940-JGC(N.D. Ohio). 

PRODUCT DEFECTS

Defective consumer products and appliances: In the last few years I have successfully litigated and settled consumer class claims involving defective consumer appliances and other products. For example, in 2018 I was lead counsel in class action litigation against Electrolux challenging its defective front load washer machines. The Electrolux case settled nationwide for over $45 million, with attorney’s fees of $4.8 million dollars. In 2019 I was lead counsel in class litigation against Whirlpool involving defective dishwashers that settled on a nation-wide basis. I am currently involved in litigation against TCL and Roku over defective smart TVs sold at Walmart and other retailers.

Defective auto class actions: I handle consumer cases regarding defective automobiles, and I was counsel in a nationwide MDL against Ford Motor Company surrounding Ford’s defective spark plugs. See In re: Ford Motor Company Sparkplug Products Liability Litigation, MDL No. 2316 (N. D. Ohio). 

FALSE ADVERTISING

False advertising of consumer products: While false advertising claims can sometimes be difficult to pursue in Alabama, I typically bring these claims in the company’s resident state. I currently have false advertising claims pending outside of Alabama against Dollar General and AutoZone regarding certain consumer products sold by them. 

CONSUMER PROTECTION

Improper ancillary charges or add-ons from utility or service providers: I have successfully litigated several class actions on behalf of consumers and small businesses challenging deceptive and disguised fees from service providers. For example, I have represented consumers and small businesses challenging certain bogus “fuel surcharges” and “environmental surcharges” charged by uniform supply companies and restaurant vendors. I am currently investigating certain deceptive pass-through surcharges that Spectrum Cable is attempting to charge consumers. 

Improper ancillary charges or add-ons from auto dealers: Auto dealers can be notoriously bad about including worthless and unrequested add-on products in consumer car transactions.

Consumer protection of military members: Two of the strongest consumer protection statutes on the books include the Military Lending Act and the Servicemembers Relief Act. The Military Lending Act caps interest rates and provides other protections to military members, their spouses, and dependence when loans are taking out by them. Likewise, the Servicemembers Relief Act requires certain actions to be taken by creditors of military personnel when they are called to active duty. We are currently investigating potential Military Lending Act claims on behalf of military members in the Fort Benning, GA area. 

Improper overdraft fees, NSF fees, and ATM fees charged by banks and credit unions: I am currently involved in a series of class action cases against banks and credit unions for improper practices surrounding the wrongful assessment of overdraft fees and ATM fees. Banks and credit unions make a ton of money from these fees, often at the consumers expense, by engaging in undisclosed practices that maximize the collection of these fees. 

Mortgage servicers charging “pay to pay” fees: Several mortgage servicers are improperly charging consumers fees when the borrower pays her mortgage through certain channels, such as online, by telephone, or by ATM. Oftentimes, these charges violate the mortgage documents. These “pay to pay” fees can have various names, including “speed pay” fees, “convenience” fees, or “processing” fees. 

CREDIT REPORTING

Fair Credit Reporting Act claims: For years I have handled both individual and class cases involving the Fair Credit Reporting Act. Recently, I have been involved in cases where defendants pull and use the consumer’s credit report in an improper fashion and take adverse action against the consumer based on information pulled from the report without complying with the statute. Specifically, I am involved in cases where potential employers pull credit reports or conduct criminal background checks against potential employees and fail to provide proper notice. I am also involved in cases where auto insurance companies pull consumer credit reports and then improperly use them in adjusting claims or in establishing premium amounts without informing the consumer that her credit report is being adversely used against her. 

TEXT SPAM

Fair Credit Reporting Act claims: For years I have handled both individual and class cases involving the Fair Credit Reporting Act. Recently, I have been involved in cases where defendants pull and use the consumer’s credit report in an improper fashion and take adverse action against the consumer based on information pulled from the report without complying with the statute. Specifically, I am involved in cases where potential employers pull credit reports or conduct criminal background checks against potential employees and fail to provide proper notice. I am also involved in cases where auto insurance companies pull consumer credit reports and then improperly use them in adjusting claims or in establishing premium amounts without informing the consumer that her credit report is being adversely used against her. 

PRIVACY & DATA BREACH

Consumer privacy and use of consumer digital data: As most consumer transactions have become digital/online, this is a hot and growing area of consumer litigation. New laws and regulations are being put into place to provide consumer privacy protection and prevent the unauthorized sharing of consumer info. 

CONSUMER FRAUD

Fraudulent sales of short-term medical insurance policies: These policies were aggressively sold under the Trump administration, oftentimes fraudulently to consumers who are led to believe that the policies provide real, meaningful health insurance. These short-term medical policies are often bogus, provide little coverage to the insured, and leave the insured with unexpected and significant medical bills.