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DannLaw’s Brian Flick named Super Lawyer Rising Star in area of consumer law

In the News

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Brian Flick - Managing Partner Dann LawI am pleased to announce that Brian Flick, Managing Partner of DannLaw’s Cincinnati office, has been named a “Super Lawyer Rising Star” in the area of consumer law for 2020. Only 2.5% of attorneys in Ohio are named rising stars in a particular practice area. This prestigious designation is reserved for attorneys who excel in their field, contribute to their community, and abide by the highest professional and ethical standards.

Super Lawyers selects attorneys using a patented multi-phase process that combines peer nominations and evaluations with independent research. Each candidate is evaluated on 12 indicators of professional achievement. Those who score highest then undergo a “blue ribbon” peer review by practice area. Only the highest-rated attorneys make the Super Lawyer list for each state. We are proud that Chris and Doug are among them.

Brian was previously named a Rising Star in the area of consumer bankruptcy law.

Super Lawyer Selection Process Emphasizes Peer Recognition, Accomplishment, Performance, Experience

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A recent federal appeals court decision may spell “relief” for Americans buried under private student loan debt held by Navient. In a unanimous decision, a three-judge panel of the Court of Appeals for the Fifth Circuit held that Navient private student loans ARE dischargeable in bankruptcy.

This decision, to put it mildly, IS A BIG DEAL!

We won’t go into the complex legal issues discussed in the Court’s 28-page decision–although you can read it here if you are so inclined:5th cir private loans dischargeable

What matters is the bottom line: Navient debtors may now be able to climb out from under crushing private student loan debt by filing for bankruptcy.

While the ruling is great news, there are some important things you should know:

  • The decision only applies to private student loan debt issued or serviced by Navient. Non-Navient and government-backed loans cannot be erased via bankruptcy. To learn more about how to deal with government-guaranteed indebtedness visit www. https://dannlaw.com/student-loan-debt/
  • Bankruptcy may not be the best way to resolve your private student loan debt problems. The members of DannLaw’s legal team are well-versed in the laws governing both student loans and bankruptcy. We will be able to help you decide if bankruptcy is right for you and determine whether you should file Chapter 7 or 13. We may also be able to offer other options and strategies to deal with your debt.
  • Although the decision will serve as precedent within the Fifth Circuit’s jurisdiction which includes Louisiana, Mississippi, and parts of Texas, our experienced attorneys will be able to use the ruling to persuade judges across the country to discharge Navient private student loan debt via bankruptcy.

To learn more about this exciting decision and whether you should resolve your Navient private student loan debt dilemma by filing for bankruptcy,  call Atty. Brian Flick at 513-951-7124, Atty. Emily White at 614-705-0107 or use our contact form to arrange a free, no-obligation initial consultation. They will be happy to evaluate your situation and offer sound advice that will put you on the road to financial security.

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DannLaw today filed suit against the owners of the Homewood Suites by Hilton hotel located in Mahwah, New Jersey and Hilton Worldwide Holdings, Inc. for repeatedly violating both the Americans with Disabilities Act (ADA) and New Jersey’s anti-discrimination laws. The suit, filed on behalf of Erika Symmonds, alleges that the defendants twice failed to provide ADA-compliant accommodations after confirming that mobility accessible rooms were available at the Mahwah, NJ facility. The pleading in the case, which was filed today in the Federal District Court for the District of New Jersey may be viewed and downloaded here:0001. (09-04-2019) COMPLAINT against APPLE SEVEN HOSPITALITY OWNERSHIP INC. HILTON WORLDWIDE HOLDINGS INC. (Filing a

According to Attorney Emily White, Managing Partner of DannLaw’s Disability Rights Practice Group, Symmonds and her family, including her grandmother who has a mobility impairment traveled to the Mahwah area to visit relatives for the winter holidays in December 2017 and again in 2018.  A few weeks before each trip, Symmonds researched accessible rooms, and made a hotel reservation at Homewood Suites in a room designated “mobility accessible”. Symmonds then followed up by phone to confirm that the room was both accessible and available so that her spouse, young daughter, and grandmother could be in close proximity in a shared suite. In both instances, however, the hotel failed to provide a mobility accessible room, resulting in humiliating and distressing experiences for her family.

In December 2017, the family arrived at Homewood Suites Mahwah and were informed that the accessible room they had reserved was not available.  The family was instead placed in an inaccessible room.  As a result, Symmonds’ then 92-year-old grandmother was not able to independently use the bathroom and had to rely upon physical and emotional support from family members.

In December 2018, Symmonds again booked a room at Homewood Suites after receiving assurances from the hotel staff that the mobility accessible room was available and would be provided.  But when Symmonds arrived with her family late on Christmas evening, she found that the room she was given was not mobility accessible.  The bathroom lacked grab bars around the toilet and the space was too small to accommodate a walker or a wheelchair.  Because the bathroom was not accessible, the family member with a disability was unable to independently access it, and the family spent the morning after Christmas laundering the grandmother’s clothing. When one of the family members alerted the hotel front desk staff about the situation, she was told that the hotel considered the room to be “mobility accessible” because the tub was large enough to fit a stool that could be requested from the engineering department.

The ADA, which includes specific technical specifications for mobility accessible rooms, requires hotels to provide equal access to people with disabilities and to ensure that rooms are available to travelers with disabilities. Since 2012, the ADA has mandated that online reservation systems describe the features of accessible rooms so that travelers can independently identify whether a room has accessible features such as a wheel-in shower or grab bars. In addition, the law requires that people with disabilities have equal opportunity to reserve an accessible room.

In 2010, Hilton entered into an agreement with the United States Department of Justice to improve its reservation system. The agreement resolved a lawsuit alleging that:

  • Hilton “Systemically, and across its various brands…fails to provide individuals with disabilities the same opportunity to reserve accessible guest rooms using its on-line … reservations systems”;
  • Hilton “Failed to provide accurate, reliable information about its accessible sleeping rooms and amenities throughout its reservations system”;
  • “…individuals with disabilities are unable to reserve, on-line, accessible sleeping accommodations with either a tub or a roll-in shower.”

“Hilton’s failure to provide the accessible rooms reserved by Symmonds represent a serious violation of the ADA,” Attorney White said.”

“At a time when so many people are caring for elderly relatives or other family members with disabilities, hotels must provide the legally-required services families need,” Symmonds said. “It is disappointing that a company like Hilton, which could be a leader in disability access, refuses to meet even the baseline requirements of the law. Hilton should know better and do better to ensure that the rooms it designates as ‘mobility-accessible’ have grab-bars near toilets and enough space to make it possible for individuals with walkers and wheelchairs to enter bathrooms,” Symmonds continued. “We are filing suit in the hope that Hilton will honor its commitment to people with disabilities and their caregivers by fully complying with the ADA at all its properties.”

Along with compensatory damages, the suit asks the court to order Homewood Suites by Hilton Mahwah and Hilton Worldwide Holdings to ensure that equal access to accessible guest rooms is provided to individuals with disabilities and their families in the future and that such compliance is to be monitored by the federal court.

For more information, please contact Attorney Emily White at 614-705-0107 or [email protected]

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Former Ohio Attorney General Marc Dann recently asked the members of the Ohio General Assembly to eliminate the criminal statute of limitations for rape and extend the civil statute of limitations for sexual abuse. Atty. Dann who led efforts to strengthen the state’s rape, sexual abuse, and sexual predator laws as both a member of the Ohio Senate and Attorney General cited the sexual abuse scandals that have roiled the Catholic Church, U.S. Gymnastics, Penn State, and the Ohio State University as reasons why reform is needed now more than ever.

Following is the letter he sent to Speaker of the House Larry Householder, Senate President Larry Obhoff, and all members of the GA in early June:

June 3, 2019

President Larry Obhoff

Senate Building

1 Capital Square 2nd Floor

Columbus OH 43215

Speaker Larry Householder

77 S.High St. 14th Floor

Columbus OH 43215

*Sent via electronic mail

 

         Re:            Criminal and Civil Statutes of Limitations for Rape

 

Dear Mr. President and Mr. Speaker:

I write to you today to express my support for legislation that will eliminate the criminal statute of limitations for rape in the state of Ohio. Like the current and former attorneys general who registered their support for this proposal earlier this week, I devoted much of my time as Ohio’s AG to ensuring that law enforcement had the resources needed to pursue, prosecute, and incarcerate offenders.

While I applaud the AGs for their advocacy on this important issue, anyone who truly cares about the victims of this heinous crime knows we must do more than erase the criminal SOL. We must also extend the civil statute of limitations to 20 years so that victims have the time they need to hold their rapists and their rapists’ enablers accountable for the pain and suffering they have caused.

I first learned about the terrible physical and psychological pain victims endure in 2005 when I led the effort to pass Senate Bill 17 while serving as the Ranking Member of the Senate Civil Justice Committee. After hearing harrowing testimony from women and men who had been sexually abused as children, both the Committee and the Senate unanimously passed the bill which contained a provision that extended the civil SOL to 17 years.

Unfortunately, in one of the ugliest and most destructive displays of the negative impact big money donors can exert in the state’s pervasive “pay-to-play” culture, the nation’s multi-billion-dollar insurance companies placed the pursuit of profits ahead of the interests of victims and succeeded in stripping the civil SOL extension from SB 17 when it reached the House.

Today, 14 years after that shameful act of legislative malfeasance, the need to significantly extend the civil SOL in more urgent than ever before. A fact underscored by the sexual abuse scandals that have roiled the Catholic Church, U.S. Gymnastics, Penn State, and the Ohio State University. In each of these cases as well as many others, powerful officials and administrators looked the other way as innocent boys and girls were abused. And, in many of these cases those boys and girls, who often did not come forward until years after they were assaulted, were left with little opportunity to obtain the justice and just compensation they deserved because the civil stature of limitations had run out. In effect, they have all been victimized twice: by their rapists/abusers and by a political system held captive by the insurance industry and institutions that vigorously oppose legislation that would hold them accountable.

Fortunately, Representatives Kristen Boggs and Tavia Golonski are taking up the work I and my Senate colleagues of both parties began in the Senate in 2005. They have promised to introduce a bill that will address both the criminal and civil statutes of limitations. Extends the civil SOL to 20 years and tolling it until a child victim turns 18 years of age will represent a monumental step for victims and impose much-needed accountability for those who committed monstrous acts and those who knew what was happening but chose to look away.

It is my sincere hope that the current and former AGs who registered their support for eliminating the criminal SOL will join me in advocating for victims past, present, and future.

Sincerely,

Marc Dann

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If you or someone you know has been victimized please contact DannLaw by email or call 216-452-1028 today.

Buca di Beppo, Earl of Sandwich, Planet Hollywood, Chicken Guy, Mixology or Tequila Taqueria Data Breach
The Earl Restaurant Group just announced that that cyberthieves gained access to debit and credit card information of 2,000,000 people who visited Buca di Beppo, Earl of Sandwich, Planet Hollywood, Chicken Guy, Mixology or Tequila Taqueria restaurants in the United States between May 23, 2018, and March 18, 2019.
According to cybersecurity experts, the stolen information can be used to create counterfeit cards to purchase high-priced items from other retailers. This breach affected all Buca Di Beppo locations in Ohio; Chicago, IL; and New York City, NY as well as the Earl of Sandwich and Planet Hollywood locations in New York City.
Along with contacting DannLaw by email or phone, if you believe your credit or debit card information has been compromised we recommend that you carefully review your credit and debit card statements from the past year for any odd charges you didn’t make. Contact your bank or credit card issuer if you find suspicious activity, so you can get a new card and account number.
Kona coffee mislabeling scam
Growers in the Kona region of Hawaii have filed suit against the stores/online retailers listed below alleging they have been labeling and selling non-Kona coffee as Kona coffee for years.
As a result of this alleged fraud, consumers who purchased the mislabeled coffee have been overcharged. The amount consumers overpaid could be significant based on their coffee consumption. We are preparing to seek financial compensation for anyone who has been victimized by the mislabeling.
Retailer/online outlets include: Kroger’s, Walmart, Costco, Amazon.Com, Bed Bath & Beyond, T.J. Maxx, Marshalls Albertson’s, Safeway, Pacific Coffee Inc., Sprouts Farmers Market, Inc., Hawaiian Isles Kona Coffee, Cost Plus/World Market, Boyer’s Coffee Company, Inc., Java LLC, A Copper Moon Coffee, Gold Coffee Roasters, Cameron’s Coffee.
Wells Fargo Loan Modification Scam
Wells FargoThe scam artists at Wells Fargo strike again. This time the bank enticed homeowners to apply for trial mortgage loan modifications even though they knew the borrowers had little if any chance of being offered a permanent modification. That didn’t matter to Wells-the lender simply wanted people to make additional, higher payments as they moved toward foreclosure.
Wells sent its latest victims a letter of apology and a check for $300. We believe homeowners deserve much more. If you or someone you know were involved in this incident contact us today so we can evaluate your situation and determine if you are entitled to financial compensation.

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Since July 2, 2018, the Ohio Bureau of Motor Vehicles (BMV) has allowed the state’s 200 deputy registrars to charge people obtaining or renewing driver’s licenses or state-issued I.D.s a $1.50 lamination fee even though the registrars were no longer producing—or laminating—the cards on site. As a result, an estimated two million Ohioans have been charged $3 million for a service that was not performed.

Catherine Turcer, executive director of Common Cause Ohio, told the Columbus Dispatch the registrars should not be pocketing the fee. “Clearly, the registrars should not be charging for something they are not providing … that’s not fair. Many of us don’t think about a buck fifty, it’s not a big deal. But it is a big deal when you think about being charged extra fees for no reason. We want to spend our money on what we expected.”

Attorney Marc Dann, founder of the Cleveland-based consumer protection law firm DannLaw agrees with Ms. Turcer. And, if the messages that have been pouring into the firm’s Facebook page are any indication, so do people who paid the bogus fee. “We posted an item on our Facebook page asking anyone who has renewed their license or state I.D. since last July to contact us,” the former Ohio attorney general said. “The response was overwhelming. Those who paid the fee were outraged. They want their money back and they want the state to stop ripping people off.”

Today the legal team at DannLaw took the first step toward recovering the unwarranted fees by filing a class action suit against the BMV in the Ohio Court of Claims. The suit asks the Court to award anyone who paid the lamination fee $1.50 plus interest. The complaint may be read/downloaded here:Madyda Alexander 2019 03 19 Complaint – Lamination Fee INITIAL DRAFT (002)

“While the dollar amount on a per-person basis may be small, there’s nothing trivial about the BMV allowing the registrars to pocket $3 million for doing nothing,” Atty. Dann said. “If everyone shrugs their shoulders and says ‘it’s only a buck fifty’ does that mean it’s ok for the state to grab five dollars or ten dollars from its citizens? Where do you draw the line? At its core, this case isn’t about the $1.50, it’s about holding government officials accountable for their actions. That’s the best way to ensure that something like this doesn’t happen again.”

According to Atty. Joe Romano of Bay Village, Ohio who is serving as co-counsel on the case the overcharges stem from the fact that in order to comply with federal regulations the BMV itself rather than the registrars began producing and mailing the licenses and I.D. cards last July. “Apparently, and this is something we hope to learn more about as the case progresses, neither the deputy registrars nor the staff at the BMV noticed that people were still being charged the $1.50 lamination fee even though the registrars weren’t laminating a darn thing,” he said.