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"One of the nation's premier plaintiffs' firms."
American Lawyer
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"Representing the best qualities of the plaintiffs' bar."
The National Law Journal
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"Their effective and caring advocacy for clients has earned Lieff Cabraser its first-class reputation."
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Richard Heimann and Michael Sobol Finalists For Consumer Attorney Of the Year Award
September 22, 2011
The Consumer Attorneys of California announced 10 finalists for the organization's top annual honor, the Consumer Attorney of the Year. The finalists include Lieff Cabraser's Richard Heimann and Michael Sobol, along with co-counsel, for their success in ending unjust overdraft fees by Wells Fargo Bank.
As noted by the CAOC:
Instead of posting California customers’ debit card transactions in the order in which they occurred, Wells Fargo re-sequenced the transactions at the end of each day in order of amount, from the highest dollar amount to the lowest, so as to maximize the number of overdraft fees charged. This practice had the greatest impact on the bank’s poorest customers, because they often lacked the economic sophistication to recognize the situation and negotiate the removal of the fees. The attorneys filed suit in federal court claiming violation of California’s Unfair Competition Law, and a judge found that Wells Fargo had manipulated its transaction processing to "squeeze as much as possible" (in the words of the ruling) out of its customers.
The court further found that the bank not only failed to adequately disclose its posting practices but in fact misrepresented how transactions were processed in its account agreements and marketing materials. The judge ordered restitution and prohibited Wells Fargo from continuing the practice. The ruling may have an impact on a class action case involving similar claims against 30 other lending institutions that have been consolidated in federal court in Florida.
The award winner will be announced November 12, 2011, at the CAOC Annual Awards Dinner to be held in conjunction with the 50th Annual CAOC Convention at the Palace Hotel in San Francisco. The CAOC is the leading California organization dedicated to preserving and protecting the constitutional right to trial by jury for all consumers and championing the cause of those seeking justice through our civil justice system.
Video - Consumer Protection Lawyer: 2011 Consumer Attorney of the Year Finalists Richard Heimann and Michael Sobol