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Robert Mitchell Attorney at Law, PLLC Home FCRA FDCPA SCRA Testimonials Atty Bio Contact
© 2016 Robert Mitchell, Attorney at Law, PLLC
Tuten v. United Airlines, $6.15 Million Settlement - pension contribution case. Read the story at USA Today Read the story at Top Class Actions Read the story at The Spokesman-Review    
Allman v. American Airlines Pilot Retirement Benefit Program, USERRA Pension Contribution Case Read the story at Law 360    
Knapp-Ellis v. Stellar Recovery, telephone consumer protection act case Read the story at Law 360      Read the story at Leagle  
creditlaw101.com

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$50,000 FDCPA Bench Verdict for Emotional Distress Easbey vs. Standley Easbey & Hart v. Standley et al, Clark County Superior Court Case No. 13-2-03133-1 December 8, 2014 in Clark County, Washington Superior Court, two consumers, Sharon Easbey and her grandmother, Karen Hart, obtained a $56,106.09 bench verdict against the Colorado debt collection agency James Standley & Associates. Of that bench verdict, $50,000 was for Ms. Easbey's emotional distress under the Fair Debt Collection Practices Act. Superior Court Judge John F. Nichols presided. Attorney SaraEllen Hutchison was first chair at trial, attorney Sharon Cousineau was second chair, and the case was litigated at all stages up to trial by attorney Robert W. Mitchell. Standley and the other defendant debt collectors weren't there. They had defaulted on liability after plenty of notice, and so we proceeded to trial on the issue of damages. We took this case all the way to the end because Standley & Associates bullied Ms. Easbey, a 24-year-old woman, to the point where she feared for weeks that she would lose what at the time was her new job. They cost her over $1,600 in lost sales commissions because of the stress, called every other day after being told to stop, said "we will take your job," said they were entitled to threaten her because she was "not a lawyer," used a fictitious court case number, and called her grandmother again and again, interrupting her grandmother's work as a bookkeeper. She lost sleep, was afraid to tell her boyfriend for weeks (they're now married) and was embarrassed to her grandmother. All over $400 in overdraft fees from when she was 18. Judge Nichols determined that $50,000 was fair and just compensation for the emotional distress alone, and also trebled Ms. Easbey's lost sales commissions (which came to $4,900), trebled Ms. Hart's lost wages (which came to $117) and awarded the FDCPA statutory maximum of $1,000. Then, on December 23, 2014, Judge Nichols entered judgment in favor of Easbey & Hart for their attorneys' fees in the total amount of $20,000 and costs in the amount of $945.08, for a total judgment of $77,051.17.
Consumer Financial Protection Bureau and Department of Defense team up to protect servicemembers’ pay from involuntary allotment for consumer goods Read the story at Consumer Financial Protection Bureau    
$20,000 Judgement - Delta Management Associates
In a big win for consumers in Washington state, two law firms working as co-counsel (Robert W. Mitchell, Attorney at Law, PLLC and Law Office of SaraEllen Hutchison, PLLC) fought to hold Delta Management Associates Inc. accountable for behavior such as calling a consumer after he told them he was represented by a lawyer, garnishing his wages without being afforded a hearing, calling him continuously at his place of employment and speaking to his co-workers, and calling his cellphone with an automated dialer. Delta Management Associates Inc. ultimately offered to have a judgment entered against it for $20,000. Equifax Sends Strangers Credit Reports to a Washington Man
Cage v. CACH, debt collection case Read the story at Leagle Read the story at Law 360      
Credit reporting agency says a man owes A Half Million Dollars in Debt - But he Says it's Not His Read the story at Inlander  
In March of 2015, Equifax randomly mailed 300 consumer credit reports to a lady in Maine.   http://bangordailynews.com/2015/03/19/news/state/credit-agency-mistakenly-sends-300-confidential-reports-to- maine-woman/   http://www.wgme.com/news/features/13-investigates/stories/13-investigates-equifax-files-security-breach-notice- maine-84.shtml#.VqZ3bY-cF9A   http://finance.yahoo.com/news/woman-sent-300-credit-reports-110053959.html   Around that same time, Equifax mailed credit reports belonging to at least 18 other people to Carl Parks.   Equifax also mailed Carl Parks over a hundred pages of credit accounts belonging to other unnamed and unidentified individuals.  See lawsuit and below articles re: this case.   The accounts at issue involved bankruptcies, collection accounts, student loan debt, and other past due credit accounts.  All tolled, the debts amounted to over a half million dollars, none of which belonged to Mr. Parks. The law offices of Robert Mitchell, Attorney at Law, and SaraEllen Hutchison, Attorney at Law, filed a lawsuit against Equifax, on behalf of Carl Parks.  See attached lawsuit.  The lawsuit was filed in the Eastern District of Washington.  The lawsuit has been described by at least two news outlets:   http://www.inlander.com/spokane/where-credit-is-due/Content?oid=2631525   http://www.kirotv.com/news/news/equifax-sends-washington-man-dozens-strangers-cred/npcjL/ One of the individuals who had her information released was a 13 year old girl.  Equifax mailed the girl's full address, name, social security number, and date of birth to Carl Parks, a complete stranger.
A Victory for Servicemembers - Enforcing USERRA Against State Government Employers The New Mexico State Supreme Court recently rejected the State’s sovereign immunity defense of Mr. Ramirez’s Uniformed Services Employment and Reemployment Rights Act (USERRA) claims.  Mr. Ramirez was a member of New Mexico's National Guard.  He was also an employee of the State of New Mexico.  Mr. Ramirez was called to active duty overseas.  When he returned to work for the State of New Mexico, he was harassed and discriminated against.  He sued the State of New Mexico, alleging that the harassment and discrimination violated USERRA.  The jury found that the workplace harassment and discrimination was a result of Mr. Ramirez’s military service, which violated USERRA.  The jury awarded Mr. Ramirez compensation for his damages.  The State of New Mexico appealed the judgment claiming that New Mexico never waived sovereign immunity for USERRA claims.  The state claimed that Mr. Ramirez had no right to sue the state for violating USERRA.  The Court of Appeals agreed and overturned the jury’s verdict in favor of Mr. Ramirez.  Mr. Ramirez appealedto the New Mexico State Supreme Court.  My office provided substantial research and briefing as Amicus Curiae on behalf of Mr. Ramirez.  On April 14, 2016, the New Mexico State Supreme Court held in favor of Mr. Ramirez and ruled that New Mexico did waive sovereign immunity for USERRA claims.  The ruling was a wholesale rejection of New Mexico’s sovereign immunity defense.  This ruling not only changed the law and protected Servicemembers in New Mexico, but the legal analysis will undoubtedly be used in other states that claim sovereign immunity in defense of USERRA claims in the future.  This was a huge win for Servicemembers and Mr. Ramirez proved himself a true warrior by advocating for his fellow Servicemembers. Read about it: https://www.justice.gov/crt/file/846186/download https://www.justice.gov/sites/default/files/crt/legacy/2014/08/13/ramireznewmexsctbrief.pdf http://www.servicemembers-lawcenter.org/Law_Review_13027.html
News
Robert Mitchell Attorney at Law, PLLC Home FCRA FDCPA SCRA Testimonials Atty Bio Contact
© 2016 Robert Mitchell, Attorney at Law, PLLC
Tuten v. United Airlines, $6.15 Million Settlement - pension contribution case. Read the story at USA Today Read the story at Top Class Actions Read the story at The Spokesman-Review   
Allman v. American Airlines Pilot Retirement Benefit Program, USERRA Pension Contribution Case Read the story at Law 360    
Knapp-Ellis v. Stellar Recovery, telephone consumer protection act case Read the story at Law 360      Read the story at Leagle  
creditlaw101.com
Consumer Financial Protection Bureau and Department of Defense team up to protect servicemembers’ pay from involuntary allotment for consumer goods Read the story at Consumer Financial Protection Bureau

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$50,000 FDCPA Bench Verdict for Emotional Distress Easbey vs. Standley Easbey & Hart v. Standley et al, Clark County Superior Court Case No. 13-2-03133-1 December 8, 2014 in Clark County, Washington Superior Court, two consumers, Sharon Easbey and her grandmother, Karen Hart, obtained a $56,106.09 bench verdict against the Colorado debt collection agency James Standley & Associates. Of that bench verdict, $50,000 was for Ms. Easbey's emotional distress under the Fair Debt Collection Practices Act. Superior Court Judge John F. Nichols presided. Attorney SaraEllen Hutchison was first chair at trial, attorney Sharon Cousineau was second chair, and the case was litigated at all stages up to trial by attorney Robert W. Mitchell. Standley and the other defendant debt collectors weren't there. They had defaulted on liability after plenty of notice, and so we proceeded to trial on the issue of damages. We took this case all the way to the end because Standley & Associates bullied Ms. Easbey, a 24-year-old woman, to the point where she feared for weeks that she would lose what at the time was her new job. They cost her over $1,600 in lost sales commissions because of the stress, called every other day after being told to stop, said "we will take your job," said they were entitled to threaten her because she was "not a lawyer," used a fictitious court case number, and called her grandmother again and again, interrupting her grandmother's work as a bookkeeper. She lost sleep, was afraid to tell her boyfriend for weeks (they're now married) and was embarrassed to her grandmother. All over $400 in overdraft fees from when she was 18. Judge Nichols determined that $50,000 was fair and just compensation for the emotional distress alone, and also trebled Ms. Easbey's lost sales commissions (which came to $4,900), trebled Ms. Hart's lost wages (which came to $117) and awarded the FDCPA statutory maximum of $1,000. Then, on December 23, 2014, Judge Nichols entered judgment in favor of Easbey & Hart for their attorneys' fees in the total amount of $20,000 and costs in the amount of $945.08, for a total judgment of $77,051.17.
In a big win for consumers in Washington state, two law firms working as co-counsel (Robert W. Mitchell, Attorney at Law, PLLC and Law Office of SaraEllen Hutchison, PLLC) fought to hold Delta Management Associates Inc. accountable for behavior such as calling a consumer after he told them he was represented by a lawyer, garnishing his wages without being afforded a hearing, calling him continuously at his place of employment and speaking to his co-workers, and calling his cellphone with an automated dialer. Delta Management Associates Inc. ultimately offered to have a judgment entered against it for $20,000.
$20,000 Judgement - Delta Management Associates
Credit reporting agency says a man owes A Half Million Dollars in Debt - But he Says it's Not His Read the story at Inlander  
Cage v. CACH, debt collection case Read the story at Leagle Read the story at Law 360       
Equifax Sends Strangers Credit Reports to a Washington Man
In March of 2015, Equifax randomly mailed 300 consumer credit reports to a lady in Maine.   http://bangordailynews.com/2015/03/19/news/state/credit-agency-mistakenly- sends-300-confidential-reports-to-maine-woman/   http://www.wgme.com/news/features/13-investigates/stories/13-investigates- equifax-files-security-breach-notice-maine-84.shtml#.VqZ3bY-cF9A   http://finance.yahoo.com/news/woman-sent-300-credit-reports- 110053959.html   Around that same time, Equifax mailed credit reports belonging to at least 18 other people to Carl Parks.   Equifax also mailed Carl Parks over a hundred pages of credit accounts belonging to other unnamed and unidentified individuals.  See lawsuit and below articles re: this case.   The accounts at issue involved bankruptcies, collection accounts, student loan debt, and other past due credit accounts.  All tolled, the debts amounted to over a half million dollars, none of which belonged to Mr. Parks. The law offices of Robert Mitchell, Attorney at Law, and SaraEllen Hutchison, Attorney at Law, filed a lawsuit against Equifax, on behalf of Carl Parks.  See attached lawsuit. The lawsuit was filed in the Eastern District of Washington.  The lawsuit has been described by at least two news outlets:   http://www.inlander.com/spokane/where-credit-is-due/Content?oid=2631525   http://www.kirotv.com/news/news/equifax-sends-washington-man-dozens- strangers-cred/npcjL/ One of the individuals who had her information released was a 13 year old girl.  Equifax mailed the girl's full address, name, social security number, and date of birth to Carl Parks, a complete stranger.
A Victory for Servicemembers - Enforcing USERRA Against State Government Employers The New Mexico State Supreme Court recently rejected the State’s sovereign immunity defense of Mr. Ramirez’s Uniformed Services Employment and Reemployment Rights Act (USERRA) claims.  Mr. Ramirez was a member of New Mexico's National Guard.  He was also an employee of the State of New Mexico.  Mr. Ramirez was called to active duty overseas.  When he returned to work for the State of New Mexico, he was harassed and discriminated against.  He sued the State of New Mexico, alleging that the harassment and discrimination violated USERRA.  The jury found that the workplace harassment and discrimination was a result of Mr. Ramirez’s military service, which violated USERRA.  The jury awarded Mr. Ramirez compensation for his damages.  The State of New Mexico appealed the judgment claiming that New Mexico never waived sovereign immunity for USERRA claims.  The state claimed that Mr. Ramirez had no right to sue the state for violating USERRA.  The Court of Appeals agreed and overturned the jury’s verdict in favor of Mr. Ramirez.  Mr. Ramirez appealedto the New Mexico State Supreme Court.  My office provided substantial research and briefing as Amicus Curiae on behalf of Mr. Ramirez.  On April 14, 2016, the New Mexico State Supreme Court held in favor of Mr. Ramirez and ruled that New Mexico did waive sovereign immunity for USERRA claims.  The ruling was a wholesale rejection of New Mexico’s sovereign immunity defense.  This ruling not only changed the law and protected Servicemembers in New Mexico, but the legal analysis will undoubtedly be used in other states that claim sovereign immunity in defense of USERRA claims in the future.  This was a huge win for Servicemembers and Mr. Ramirez proved himself a true warrior by advocating for his fellow Servicemembers. Read about it: https://www.justice.gov/crt/file/846186/download https://www.justice.gov/sites/default/files/crt/legacy/2014/08/13/ramireznewmex sctbrief.pdf http://www.servicemembers-lawcenter.org/Law_Review_13027.html
News
Robert Mitchell Attorney at Law, PLLC
© 2016 Robert Mitchell, Attorney at Law, PLLC
Tuten v. United Airlines, $6.15 Million Settlement - pension contribution case. Read the story at USA Today Read the story at Top Class Actions Read the story at The Spokesman-Review    
Allman v. American Airlines Pilot Retirement Benefit Program, USERRA Pension Contribution Case Read the story at Law 360    
Knapp-Ellis v. Stellar Recovery, telephone consumer protection act case Read the story at Law 360      Read the story at Leagle  
creditlaw101.com
$50,000 FDCPA Bench Verdict for Emotional Distress Easbey vs. Standley Easbey & Hart v. Standley et al, Clark County Superior Court Case No. 13-2-03133-1 December 8, 2014 in Clark County, Washington Superior Court, two consumers, Sharon Easbey and her grandmother, Karen Hart, obtained a $56,106.09 bench verdict against the Colorado debt collection agency James Standley & Associates. Of that bench verdict, $50,000 was for Ms. Easbey's emotional distress under the Fair Debt Collection Practices Act. Superior Court Judge John F. Nichols presided. Attorney SaraEllen Hutchison was first chair at trial, attorney Sharon Cousineau was second chair, and the case was litigated at all stages up to trial by attorney Robert W. Mitchell. Standley and the other defendant debt collectors weren't there. They had defaulted on liability after plenty of notice, and so we proceeded to trial on the issue of damages. We took this case all the way to the end because Standley & Associates bullied Ms. Easbey, a 24-year-old woman, to the point where she feared for weeks that she would lose what at the time was her new job. They cost her over $1,600 in lost sales commissions because of the stress, called every other day after being told to stop, said "we will take your job," said they were entitled to threaten her because she was "not a lawyer," used a fictitious court case number, and called her grandmother again and again, interrupting her grandmother's work as a bookkeeper. She lost sleep, was afraid to tell her boyfriend for weeks (they're now married) and was embarrassed to her grandmother. All over $400 in overdraft fees from when she was 18. Judge Nichols determined that $50,000 was fair and just compensation for the emotional distress alone, and also trebled Ms. Easbey's lost sales commissions (which came to $4,900), trebled Ms. Hart's lost wages (which came to $117) and awarded the FDCPA statutory maximum of $1,000. Then, on December 23, 2014, Judge Nichols entered judgment in favor of Easbey & Hart for their attorneys' fees in the total amount of $20,000 and costs in the amount of $945.08, for a total judgment of $77,051.17. $20,000 Judgement - Delta Management Associates In a big win for consumers in Washington state, two law firms working as co-counsel (Robert W. Mitchell, Attorney at Law, PLLC and Law Office of SaraEllen Hutchison, PLLC) fought to hold Delta Management Associates Inc. accountable for behavior such as calling a consumer after he told them he was represented by a lawyer, garnishing his wages without being afforded a hearing, calling him continuously at his place of employment and speaking to his co-workers, and calling his cellphone with an automated dialer. Delta Management Associates Inc. ultimately offered to have a judgment entered against it for $20,000.
Consumer Financial Protection Bureau and Department of Defense team up to protect servicemembers’ pay from involuntary allotment for consumer goods Read the story at Consumer Financial Protection Bureau Equifax Sends Strangers Credit Reports to a Washington Man
Cage v. CACH, debt collection case Read the story at Leagle Read the story at Law 360  
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Credit reporting agency says a man owes A Half Million Dollars in Debt - But he Says it's Not His Read the story at Inlander  
Equifax sends Stranger's Credit Reports to a Washington Man Read the story at KIRO-TV       
In March of 2015, Equifax randomly mailed 300 consumer credit reports to a lady in Maine.   http://bangordailynews.com/2015/03/19/news/state/credit- agency-mistakenly-sends-300-confidential-reports-to-maine- woman/   http://www.wgme.com/news/features/13- investigates/stories/13-investigates-equifax-files-security- breach-notice-maine-84.shtml#.VqZ3bY-cF9A   http://finance.yahoo.com/news/woman-sent-300-credit- reports-110053959.html   Around that same time, Equifax mailed credit reports belonging to at least 18 other people to Carl Parks.   Equifax also mailed Carl Parks over a hundred pages of credit accounts belonging to other unnamed and unidentified individuals.  See lawsuit and below articles re: this case.   The accounts at issue involved bankruptcies, collection accounts, student loan debt, and other past due credit accounts.  All tolled, the debts amounted to over a half million dollars, none of which belonged to Mr. Parks. The law offices of Robert Mitchell, Attorney at Law, and SaraEllen Hutchison, Attorney at Law, filed a lawsuit against Equifax, on behalf of Carl Parks.  See attached lawsuit.  The lawsuit was filed in the Eastern District of Washington.  The lawsuit has been described by at least two news outlets:   http://www.inlander.com/spokane/where-credit-is- due/Content?oid=2631525   http://www.kirotv.com/news/news/equifax-sends-washington- man-dozens-strangers-cred/npcjL/ One of the individuals who had her information released was a 13 year old girl.  Equifax mailed the girl's full address, name, social security number, and date of birth to Carl Parks, a complete stranger.
A Victory for Servicemembers - Enforcing USERRA Against State Government Employers The New Mexico State Supreme Court recently rejected the State’s sovereign immunity defense of Mr. Ramirez’s Uniformed Services Employment and Reemployment Rights Act (USERRA) claims.  Mr. Ramirez was a member of New Mexico's National Guard.  He was also an employee of the State of New Mexico.  Mr. Ramirez was called to active duty overseas.  When he returned to work for the State of New Mexico, he was harassed and discriminated against.  He sued the State of New Mexico, alleging that the harassment and discrimination violated USERRA.  The jury found that the workplace harassment and discrimination was a result of Mr. Ramirez’s military service, which violated USERRA.  The jury awarded Mr. Ramirez compensation for his damages.  The State of New Mexico appealed the judgment claiming that New Mexico never waived sovereign immunity for USERRA claims.  The state claimed that Mr. Ramirez had no right to sue the state for violating USERRA.  The Court of Appeals agreed and overturned the jury’s verdict in favor of Mr. Ramirez.  Mr. Ramirez appealedto the New Mexico State Supreme Court.  My office provided substantial research and briefing as Amicus Curiae on behalf of Mr. Ramirez.  On April 14, 2016, the New Mexico State Supreme Court held in favor of Mr. Ramirez and ruled that New Mexico did waive sovereign immunity for USERRA claims.  The ruling was a wholesale rejection of New Mexico’s sovereign immunity defense.  This ruling not only changed the law and protected Servicemembers in New Mexico, but the legal analysis will undoubtedly be used in other states that claim sovereign immunity in defense of USERRA claims in the future.  This was a huge win for Servicemembers and Mr. Ramirez proved himself a true warrior by advocating for his fellow Servicemembers. Read about it: https://www.justice.gov/crt/file/846186/download https://www.justice.gov/sites/default/files/crt/legacy/20 14/08/13/ramireznewmexsctbrief.pdf http://www.servicemembers- lawcenter.org/Law_Review_13027.html

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