District Court Admissions
Areas of Practice
•Annabel Perchez v. Phoenix Auto Auctions and Public Auto Auctions Of America Inc., CV 2003-091442 – The Arizona Superior Court certified a class action against one of the largest auto dealers in Arizona under A.R.S. §44-1267.
•Martin and Barbara Garo v. Global Credit & Collection Corporation, 09-cv-02506 (D. Ariz.). – The United States District Court for the District of Arizona, in January of 2011, certified a class of approximately 50,000 individuals alleged inured by a debt collector’s violations of the federal Fair Debt Collection Practices Act.
•Johnson v. Earnhardt’s Gilbert Dodge, Inc., 212 Ariz. 381, 132 P.3d 825, Ariz., 2006. Arizona Supreme Court reversed trial court grant of summary judgment to dealer defendant, ruling a used car dealer may be a party to service contract with a consumer, thereby giving consumers implied warranty rights under federal law, even where dealer sales contract disclaims all implied warranties in sales contract.
•Muller v. Winnebago Industries, Inc., 318 F.Supp.2d 844 (D.Ariz. 2004). Arizona Federal court held Better Business Bureau Autoline program, which is wholly funded by the automotive industry, non-compliant with federal law based on failure to award incidental damages such as loss of use and aggravation and inconvenience damages, held consumer was not obligated to participate in Autoline program before filing suit.
•Holt v MRS Associates, 1:12-cv-02571 (N.D. Il.). Prevailed at trial as fist chair in claims under the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA). Double damages awarded under the TCPA and maximum statutory damages awarded under the FDCPA.
•Jones v Auto Warehouse, Inc., 12 CV 00712-MSK-BNB (D. Co.). Prevailed at trial as first chair in claims under the Truth In Lending Act for requiring the plaintiff-consumer to buy a service contract as a precondition to being approved for financing. The jury awarded the maximum allowable damages under the statute to the plaintiff.
•Alexander v Bill Luke Chrysler, Jeep and Dodge, Inc., CV2011-022023 (Arizona). Prevailed at trial as first chair in claims under the Arizona Consumer Fraud Act and for common law fraud for concealing from the plaintiff that the vehicle had sustained seven hundred and seventeen dollars ($717) in accident damage. Jury awarded that amount in actual damages under the Act, plus five thousand dollars ($5,000) in common law fraud damages and ten thousand dollars ($10,000) in punitive damages.
•Whatley v Creditwatch Services, Ltd., 4:11-cv-00493-RAS-DDB (E.D. Tex.). Prevailed at trial as first chair in claims under both the FDCPA and TCPA. Maximum statutory damages awarded under the FDCPA.