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Florida Man Sues Banks Alleging They Are Violating The Telephone Consumer Protection Act By Calling His Cell Phone

Fred Horenburger says that he does not have any accounts of any kind with Bank of America or Synchrony Bank. Yet, both Banks have repeatedly called his cell phone, even though he told them to stop long ago. Unable to stop the calls, Mr. Horenburger turned to The Telephone Consumer Protection Act, and filed lawsuits against the banks in The United States District Court for the Southern District of Florida.  (The cases have been assigned numbers 9:15cv80034 and 9:2014cv81600). He is seeking at least $500 for each call he alleges violated the Act, which is commonly called the TCPA. The TCPA, makes it unlawful to use an automatic telephone dialing system, or a pre-recorded or artificial voice, when calling someone’s cell phone. Attorney Marc A. Wites of Wites & Kapetan explains that unless the recipient of the call provides consent, such a call is unlawful, no matter what the purpose...

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WILL MY INSURANCE COMPANY ALWAYS ACT IN MY BEST INTERESTS?

WILL MY INSURANCE COMPANY ALWAYS ACT IN MY BEST INTERESTS? You may be disappointed to know that the answer to this question is “No”.  Surprisingly, even though you are paying your insurance company to protect your assets, when it comes to a claim they are looking ultimately to minimize their losses.  This can come as something of a shock if you have never had to deal with a claim before and are expecting your compensation for damages to be full and fair.  Insurance company adjusters typically deal with 100 – 150 cases a month. They are sometimes given bonuses for the number of cases they can settle and the amount they are allowed to settle for is going to be in the interest of the insurance company rather than you.  Insurance company adjusters know all the tricks of the trade to get you to accept an unfair and low claim...

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Why Do You Need A Lawyer To Handle An Insurance Claim?

Why Do You Need A Lawyer To Handle An Insurance Claim? Gone are the days when you could fill out the forms for your insurance claim and simply wait for your losses to be reimbursed fairly and quickly. As far as property insurance goes, you pay a premium to protect your property and reasonably expect any claim to be reimbursed in full. You may be disappointed to find out that the insurance companies look to minimize their losses and pay you the lowest figure that they can. This is why you need to hire your own insurance claims lawyer to represent you. HOW WILL MY CLAIM BE ASSESSED? Insurance companies use insurance adjusters, and sometimes insurance company lawyers, to determine the amount of your claim. The claims adjuster will visit your property and conduct detailed inspections. You would be well advised to have your own adjuster and/or lawyer at this...

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Wites & Kapetan Expands with a Euro-Caribbean Flair

Wites & Kapetan Expands with a Euro-Caribbean Flair – Adds French attorney to its International Team The Law Offices of Wites & Kapetan, P.A., announced today that a new lawyer has joined the firm. Founding partner Marc Wites explained that “the firm is pleased to announce that Aline Martin-O’Brien, an attorney licensed to practice in France, has joined the firm and will work in our Lighthouse Point office.  Her background and expertise in civil law systems will greatly enhance our ability to serve our diverse client base.”   Aline represents individuals and business entities in commercial litigation and transactions in the European Union and the French Caribbean. She also serves as an intermediary for clients that have legal issues in the United States by coordinating the resolution of their American legal issues with Wites & Kapetan and other US law firms.  Ms. Martin-O’Brien joins the firm after having practiced law in Paris...

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Le Cabinet Wites & Kapetan étend son activité à la zone Euro-Caraïbes

Le Cabinet Wites & Kapetan étend son activité à la zone Euro-Caraïbes – avec l’arrivée d’un avocat français dans son équipe internationale Le d’avocats  Wites et Kapetan, PA, a annoncé aujourd’hui l’intégration d’un nouveau collaborateur. Marc Wites, associé fondateur, a expliqué que «le cabinet est heureux d’annoncer l’arrivée d’Aline Martin-O’Brien, qui s’inscrit dans la poursuite du développement de notre activité. Son expérience et son expertise dans les systèmes de droit civil, permettent de renforcer et d’étendre notre champ de compétences  pour répondre aux besoins croissants de notre clientèle diversifiée. » Aline représente les personnes et les entreprises lors de transactions et  litiges commerciaux dans l’Union européenne et les Antilles françaises. Elle assiste également une clientèle internationale dans un contexte juridique américain en intervenant avec Wites and Kapetan et d’autres cabinets américains spécialisés, dans la coordination de la résolution contentieuse ou amiable de ces litiges. Mme Martin-O’Brien rejoint le cabinet après avoir exercé à Paris...

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FLORIDA CAR INSURANCE: WHY OUR CAR INSURANCE IS DIFFERENT AND WHAT COVERAGE YOU SHOULD HAVE IN FLORIDA

FLORIDA CAR INSURANCE:  WHY OUR CAR INSURANCE IS DIFFERENT AND WHAT COVERAGE YOU SHOULD HAVE IN FLORIDA By Marc A. Wites Florida is a peculiar state for car insurance. We are one of the few states in America with a no-fault auto insurance system.  This means that if you are in a car accident, your own automobile insurance covers your claims for lost wages and medical expenses, up to $10,000 (less applicable deductibles). This is known as Personal Injury Protection, or “PIP” for short. So, even if the other guy caused the crash, your own insurance pays first. Another thing that makes Florida unique is that it is one of the few states that requires only that drivers carry the no-fault coverage, PIP, and Property Damage coverage in the amount of $10,000.  If you find this odd, you are not alone.  $10,000 in PIP coverage, and $10,000 in Property Damage...

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