We believe that consumers have been cheated out of thousands of dollars by car insurance companies.  Consumers have reported to Normand PLLC that after a total loss car wreck and submission of a claim for the full value of their vehicle, insurance companies underpaid the claims.  To make matters worse, Normand PLLC has learned that some auto insurance companies breach the terms of their policies and violate various state laws by failing to include sales tax, tag or plate fees, and title fees as part of actual cash value paid to settle total loss claims.

Normand PLLC has filed class action lawsuits alleging that insurance companies deliberately breach the terms of their policies and violate various state laws by devaluing the condition of vehicles and failing to include sales tax, license plate fees, and title fees as part of actual cash value paid to settle total loss claims.  These practices reduce the claim payments to consumers by hundreds or thousands of dollars.

Specifically, the lawsuits accuse Allstate, First National, and GEICO of underpaying consumers by failing to pay sales tax, title fees, license fees, and manipulating the data used to value the cars. The three auto insurance companies violated state laws regulating the handling of these claims and making it even tougher for insureds whose cars were destroyed. Among other things, the lawsuits allege the insurance companies employ what they call “condition adjustments” to reduce the value of comparable vehicles without itemizing or explaining the basis for the adjustment as required by state law. The blanket and arbitrary condition adjustments imposed on the Plaintiffs in each of the three cases resulted in an average underpayment of $821 and the failure to pay sales tax, title, and license plate transfer fees in the GEICO case resulted in an underpayment of $1,274.

If you wrecked your car and your insurance company covered the total loss, you may have been underpaid by thousands.

Normand PLLC believes consumers deserve repayment.  Insurance companies took advantage of customers by knowingly paying less than fair value for totaled vehicles. We will fight to reclaim consumer losses against insurance companies for the full accurate value of totaled vehicles. Normand PLLC’s legal team is interested in hearing about your total loss car insurance complaints.

WHICH INSURANCE COMPANIES?

Normand PLLC is investigating claims against all auto insurance providers including:

1. State Farm
2. Allstate
3. Progressive
4. Geico (Berkshire Hathaway)
5. USAA
6. Liberty Mutual
7. Farmers Insurance
8. Travelers
9. American Family Insurance
10. Nationwide
11. Erie Insurance
12. Auto Club Exchange
13. Chubb
14. CSAA Insurance Exchange
15. Kemper
16. MetLife
17. Mercury Insurance
18. The Hartford
19. Auto Club Insurance Association
20. Amica

NO COST TO YOU

There is no cost or fee at all if you want to join this action. In the event Normand PLLC or any other firm obtains a settlement that provides benefits to class members, the court will decide a reasonable fee to be awarded to the legal team for the class.

CLASS ACTION TOTAL LOSS CASES NORMAND PLLC WON AS LEAD COUNSEL

1. Roth v. Geico, et al., Case No.16-62942-civ-Dimitrouleas, Southern District of Florida: (consolidated with Joffe, et al. v. Geico, et al.,) – Settlement recovering over $79 million in benefits to the class.
2. Jones v. GEICO, et al., CASE NO.: 6:17-cv-891-ORL- 40KRS, Middle District of Florida (consolidated with Lorenti, Barrett v. Geico Indemnity Company) – Class settlement of approximately $61.9 million.
3. Avila-Preciado v. Horace Mann Property & Casualty Insurance Co., Case No. 19-CA-004683, Circuit Court, Twentieth Judicial Circuit, Lee County, Florida – Settlement for 100% of class damages claimed.
4. Bracero v. Mendota Insurance Company, Case No. 2019-015886-CA-01, Circuit Court, Eleventh Judicial Circuit, Miami-Dade County, Florida – Class settlement exceeding $790,000.
5. Giordani et al. v. Ascendant Commercial Insurance, Inc., Case No. 2018-CA-001024-O, Circuit Court, Ninth Judicial Circuit, Orange County, Florida – Settlement for 100% of class damages claimed.
6. Junior et al. v. Infinity Auto Insurance Company, Case No. 6:18-cv-01598-WWB-EJK, United States District Court, Middle District of Florida, Orlando Division – Class settlement approximately $22.79 Million.
7. Silva v. James River Insurance Company, Case No. 50-2019-CA-016151-XXXX-MB, Fifteenth Judicial Circuit, Palm Beach County, Florida – Settlement for 100% of class damages claimed.
8. Smart et al. v.  Auto Club Insurance Co et al., Case No. 19-CA-005580, Circuit Court, Thirteenth Judicial Circuit, Hillsborough County, Florida – Settlement for 100% of class damages totaling over $633,000.
9. Sos v. State Farm Automobile Insurance Company, Case No. 6:17-cv-00890-PGB-LRH, United States District Court, Middle District of Florida, Orlando Division – Total recovery over $8,500,000.
10. Suarez v. MAPFRE Insurance Co. of Florida, Case No. 2019-020729-CA-01, Circuit Court, Eleventh Judicial Circuit, Miami-Dade County, Florida – Settlement exceeding $600,000.

Looking for help with illegal automated robocalls or robotexts? Normand PLLC has experienced attorneys ready to assist you.

Are automated Robocalls Legal?

Have you received those annoying automated calls or texts? Or even a phone call from a number that’s EXACTLY like yours or very similar? Robocalls are a common nuisance that many Americans face nearly every day. These are often phishing attempts to steal your personal information, make you believe you owe money, or are part of a marketing campaign. If you did not consent to being robocalled most are ILLEGAL.

The Washington Post is reporting, however, that now hospitals and medical centers are being targeted by thousands of robocalls that flood the phone lines and disrupt daily operations. For example, one medical center in Boston reportedly registered more than 4,500 calls between a two-hour period, crippling communications. 

It doesn’t end there, these callers may even “spoof” their number to look like the hospital’s number to deceive you and tell people they owe money. A medical facility based in Tampa has reportedly received over 300 calls that appeared to be coming from numbers that are affiliated with the U.S. Department of Justice!

Even with top telecom providers and the Federal Communications Commission increasing their efforts to stop spam callers, robocalls have clearly been on the rise. Does this mean that you’re at the mercy of these robocalls? Absolutely not. Here are some guidelines to help you deal with these robocalls.

You Have RIGHTS!

Consumers have options to fight back including the remedies found in the TCPA. TCPA is short for the Telephone Consumer Protection Act. The TCPA restricts telemarketing certain phone calls, text messages, and facsimiles.

It also places restrictions on the use of automatic dialing systems and artificial or prerecorded voice messages. Collections’ actions by phone are also regulated under the act. Consumers may file complaints with Federal Communications Commission (FCC) when TCPA is violated. Since TCPA law governs consumer rights, lawsuits may also be filed by consumers who suffer violations.

How Does the TCPA Work?

The TCPA is a strict liability statute. If you are getting these robocalls and robotexts from companies who you have not consented to have calling you, then you are entitled to statutory damages for each call. The minimum fine for each call is $500 and the maximum is $1,500.

When multiple calls have been made you receive the statutory damages for each call. Have you ever received calls or texts to your cell phone where they asked for someone other than you? These “wrong number” calls are a real nuisance and we want to help stop them.

They have to pay you for every wrong number call. We bring lawsuits for these wrong number robocalls to get you money awards. We have experience bringing both individual and class action claims under the TCPA. Contact us today if you think you might need us to be your TCPA lawyer. We Have Experience To Help You Turn Calls Into Remedies For You. 

Steps You Can Take

Federal Communications Commission (FCC) and Federal Trade Commission (FTC) Guidelines for Robocalls

A robocall trying to sell you something is illegal unless a company has your written permission (paper or electronic) to call you that way. 

However, not every robocall needs your permission. Here are some robocalls that don’t require your permission:

• Messages that are purely informational – Robocalls about a flight cancellation, appointment reminder, delayed school opening, etc.
• Debt collection calls – A business using robocalls to collect a debt is allowed, but robocalls trying to sell you services to reduce your debt are not.
• Political calls – Only permissible when made to landline telephones. 
• Calls from some health care providers – For example, a pharmacy can contact you to remind you to refill your prescription.
• Messages from charities – Charities hiring a 3^rd party to use robocalls can only contact members of the charity or previous donors.  
• Market research or polling calls to home wireline numbers – Rules require caller to identify themselves at the beginning and include a contact number.

Register for the National Do Not Call List

The National Do Not Call list requires telemarketers to remove your number from their call list and must stop calling you within 31 days from when you register. Visit donotcall.gov to register your number.

Do Not Call rules only apply to telemarketing calls.

Tax-exempt, non-profit organizations, political organizations, pollsters and survey takers, and religious organizations do not have to comply with do-not-call requests.

Read the original article by Tony Romm – “Robocalls Are Overwhelming Hospitals and Patients, Threatening a New Kind of Health Crisis.” The Washington Post, June, 17 2019.

If you are the victim of illegal robotexts or robocalls and texts, then contact our office for a free consultation. Fight for your rights and receive fair compensation! You can call or email us today for a free evaluation of your case. We take TCPA cases on contingency: there are no fees unless you win.