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Flitter Milz represents people with a variety of problems involving consumer credit and collections. If you have a particular question or believe your consumer rights have been violated, Contact Us for a no cost consultation.

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Cary Flitter — Hon. Milton O. Moss Public Service Award Recipient

On Monday, June 24, 2024, Cary L. Flitter was awarded The Honorable Milton O. Moss Public Service Award by the Montgomery Bar Foundation. Since 1986, each year the Foundation honors a Montgomery County resident who has provided exceptional service in support of the justice system.

Cary stated, “I am truly honored to receive this award. The practice of law carries great responsibility.  As lawyers, we are permitted to represent clients before courts and tribunals at all levels, or out of court handling their business affairs, their family issues, their work or health issues, and in some cases their freedom. Our goal is to pursue justice.“

Cary Flitter has devoted his legal practice to advocating consumers rights against finance companies, debt collectors, repossession agents, lenders and credit reporting agencies. Many of Cary’s cases have been pursued as class action lawsuits where the courts’ rulings have brought groundbreaking decisions that have benefited consumer rights nationwide.

About Judge Milton O. Moss

Judge Moss graduated in 1956 from the University of Pennsylvania Law School.  After passing the bar he entered the United States Air Force and served as a JAG prosecutor in the British Isles.   At the age of 37, he ran and was elected District Attorney of Montgomery County in 1967.

In 1970, District Attorney Moss argued a case before the U.S. Supreme Court, Bruno v. Commonwealth of Pennsylvania. The issue was whether a mentally ill, and arguably incompetent murder-suspect, could be confined to a mental hospital indefinitely without being charged and tried.  With Bill Nicholas, then the 1st Assistant District Attorney (later judge) at his side at counsel table, D.A. Moss won the case.

In 1975, Moss was elected to judge of the Montgomery County Court of Common Pleas.  Sadly, Judge Moss suffered from health issues and passed away in 1980 at the age of 49. Contemporaries have described Judge Moss as “brilliant, personable, dynamic, and scintillating.”

 

Cary L. Flitter — Super Lawyer for 20th Consecutive Year

Cary L. Flitter

Cary L. Flitter, founding member of Flitter Milz, PC, was selected for inclusion in Super Lawyers Magazine for the 20th straight year.

Super Lawyers is a prestigious, annual list that highlights attorneys who have distinguished themselves in their legal practices. Attorneys are selected based on peer recognition and professional achievement for their designations. A research committee makes the final determination through a rigorous process that includes independent research, peer nominations and peer evaluations.

Cary is known as a national expert in consumer protection law with decades of experience standing up for the rights of consumers in individual and class action cases.  His 20th consecutive selection by his peers recognizes his enormous contribution to furthering the rights of consumers in Pennsylvania and beyond.  Cary has been a Super Lawyer each year from 2005 to the present, and has previously been named a “Top 100” Super Lawyer for both Pennsylvania and Philadelphia.

Flitter Milz Attorneys recognized as 2024 Super Lawyers

In addition, the May 2024 edition of Super Lawyers has included Flitter Milz attorneys Andy Milz in its publication for the 11th consecutive year, and
Jody López-Jacobs as a Rising Star for the 4th straight year.

 

Pictured (l-r):  Andy Milz, Jody López-Jacobs

 

Legal Help from Consumer Law Attorneys

Flitter Milz looks forward to continuing to achieve successful results for consumers that have suffered the challenges of every day consumer credit matters involving credit reporting privacy and accuracy issues, wrongful vehicle repossessions, and unfair or deceptive business practices. Contact us for a consultation at no cost.

Consumer Law Success at Pennsylvania’s Supreme Court

 

Dwyer v. Ameriprise Financial

On April 25, 2024, the Supreme Court issued a precedential opinion in Dwyer v. Ameriprise Financial siding with the consumer Plaintiffs, affirming the broad remedial nature of Pennsylvania’s flagship consumer protection law, the Unfair Trade Practices and Consumer Protection Law (UTPCPL).

Liberal Damages Award under UTPCPL

The Supreme Court held that the trial court could not use a jury’s common-law punitive damages award or the award of statutory attorney fees to limit the availability of treble (triple) damages under the UTPCPL.  Rather than being interchangeable with punitive damages, treble damages under the UTPCPL are a separate remedy available to consumers wholly independent of any entitlement to punitive damages or attorney fees.

The Court reiterated the UTPCPL’s purpose “to benefit the public at large by eradicating” unfair acts and practices and the Act must be read “liberally to effect its object of preventing unfair or deceptive practices.”

Amicus Brief Authors

Flitter Milz, PC attorneys Cary Flitter, Andy Milz and Jody Lopez-Jacobs, along with Community Legal Services of Philadelphia and other top consumer rights law firms co-authored an amicus brief in the Pennsylvania Supreme Court on behalf of the National Consumer Law Center, the National Association of Consumer Advocates and various legal aid organizations. This “friend of the court” brief called on the Court, “once again, to protect the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. §§ 201-1 to 201-9.2 (“UTPCPL”), from narrow, restrictive interpretations that deny consumers the full scope of the remedial relief mandated by the statute.”

“It’s good to see the Court reiterate the importance of a strong consumer protection law to allow consumers to level the playing field when dealing with big business,” said FlitterMilz.

This same group of consumer attorneys co-authored a successful amicus brief in an earlier Supreme Court decision, Gregg v. Ameriprise, in which the Pennsylvania Supreme Court ruled that a Consumer Protection Law claim built on “deceptive” conduct need not prove the intent of the merchant who made the deceptive statement.  Both cases from the Pa Supreme Court move the state’s consumer protection law in the right direction for consumers.

 

Flitter Milz Wins Again Against the Credit Bureaus

Federal court in Philadelphia rules TransUnion must go to trial

On April 11, 2023, the United State District Court for the Eastern District of Pennsylvania ruled that a class action case on behalf of consumers against TransUnion may proceed to trial for failing to investigate consumer disputes.

In Norman v. TransUnion, Flitter Milz client Duane Norman alleges that TransUnion failed to investigate his two disputes of an inquiry made on his credit report without permission. As well, he claims that TransUnion, as a company practice, chooses to not investigate disputed inquiries which is in violation of the Fair Credit Reporting Act (FCRA).

In August 2020, the Court decided that Mr. Norman’s case should proceed as a class action for all other consumers across the country who disputed inquiries to TransUnion, only to have TransUnion do nothing in response to their disputes.

In Tuesday’s opinion, the court denied TransUnion’s motion to have the case thrown out on summary judgment before trial.  The court found that there was enough evidence that TransUnion acted willfully in violation of the FCRA, and that the class of consumers represented by our firm can proceed with their claims for punitive damages at trial.

The court reiterated that inquiries (notations on your credit report that show you applied for credit) can be disputed by consumers and TransUnion is obligated by law to investigate those disputes.

Seek Help from a Fair Credit Reporting Lawyer

If you have an inquiry you don’t recognize on your credit report, you should dispute it and request that the credit bureau perform an investigation of your dispute.  If they do not, you may have a case!

Flitter Milz attorneys are nationally recognized consumer protection lawyers with the experience to evaluate your credit reporting problems.

To provide a no cost legal evaluation, we will request a current copy of your credit report coming directly from each of the three main bureaus — Transunion, Experian and Equifax.  As well, we will need documents supporting your claim.

CLICK HERE:  Learn how to Dispute Credit Report Errors Effectively

Pictured above:  Flitter Milz Attorneys
Cary Flitter (center), Andy Milz (left), Jody López-Jacobs (right)