Arias Ozzello & Gignac LLP

We Handle Cases throughout the United States

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Civil Practice that Emphasizes Complex Litigation

“AV” rated by Martindale-Hubbell, (the “AV” rating is the highest rating given and is awarded only upon reaching “heights” of professional excellence, both in terms of legal ability and ethical standards) the law firm of ARIAS OZZELLO & GIGNAC LLP represents clients through its civil practice in the most complex litigation. Such litigation includes class actions and mass torts in state and federal courts throughout the United States. We also handle transactional law and general business counsel. Some of our practice areas include: Class Actions, Mass Torts, Employment Law, Antitrust Litigation, Business & Commercial Litigation, Civil/Statutory Rights, Consumer Protection, Construction Defects, Disability Rights, Entertainment Litigation, Environmental/Toxic Torts, Insurance Law, Telecommunications & Internet Litigation and Unfair Business Practices. We are truly prepared and have extensive experience in nearly every area of civil law and business litigation. Our legal experience also includes personal injury and employment law.   

We have recovered hundreds of millions of dollars for our clients over the last 20 + years.  We have also successfully defended dozens of individuals and business entities who have been the target of lawsuits. Since we are trial attorneys, we always prepare for trial even as we seek to settle our cases in our clients' best interests Of course we have achieved settlements on countless occasions, but we are more than confident with our ability to proceed to trial. We will do what is best to vindicate the rights of our clients.  You can rest assured that if our opposition does not come to the table with a fair settlement,  trial is a distinct possibility.

Class Action Trial Attorneys for your most Difficult Legal Challenges

ARIAS OZZELLO & GIGNAC has handled class action cases across the country.  We have represented millions of class participants and recovered millions in damages.  In fact, we are a rare law firm in that we have tried numerous class action cases. Taking such cases to trial is not a common occurrence with most class action attorneys. We do not count on a settlement in such cases and we do not take on class actions unless we are prepared to go to trial. We have the resources to confront the most complex legal challenges including class action lawsuits. Taking such cases to trial is often the most effective way to insure fair compensation and that the wrongful conduct of the defendant does not continue.

Personal Injury & Employment Law Representation

Our law firm has extensive experience successfully representing people who have suffered personal injury due to another party’s negligence. We also have attorneys focused on employer’s wrongful conduct. Our long history of success shows that we have the resources to represent you. Not only do have the ability to represent you,  we will seek the maximum compensation that you deserve.  We do not charge a consultation fee and if we do not win your case, you will owe us nothing. 

We have handled personal injury cases involving:

  • Wrongful Death  
  • Brain Injuries 
  • Automobile Accidents 
  • Slip/Trip and Fall 
  • Trucking Accidents
  • Mass Transit Accidents 
  • Elder Abuse  
  • Defective Products and Drugs 
  • Sexual Assault and many other areas

We have also handled innumerable employment law cases involving:

  • Wrongful Termination 
  • Age, Gender & Race Discrimination 
  • Sexual Harassment 
  • Hostile Work Environment
  • Wage & Hour Violations
  • Whistle-Blower Rights 
  • Failure to Pay Overtime and many other areas

If you have been injured by a person or a product or been subjected to an improper employment practice, call us. Our experience in some of the most complex cases makes us the ally that you need.  Your situation may seem overwhelming to you. Our team can take a large part of the burden off of your shoulders.  We can be reached at 800-475-2570 if you would like to discuss your circumstances with an attorney in a free consultation. 

Proudly serving Los Angeles area, throughout California and nationwide. Including residents of Long Beach, Torrance, Anaheim, Santa Ana, Huntington Beach, San Bernardino, Palm Springs, Riverside, Orange, Ventura, Santa Barbara, Fresno, Bakersfield, Stockton, Chula Vista, Irvine, Glendale, Modesto, Oxnard, Oceanside, Santa Clarita, Ontario, Pomona, Malibu, Beverly Hills, Hollywood, South Bay, San Diego, San Francisco, Sacramento, Oakland, San Jose, Los Angeles County, Orange County, Riverside County, San Bernardino County, Ventura County, San Diego County, Alameda County, San Francisco County, Kern County, Santa Barbara County, Sacramento County, Santa Clara County, and Contra Costa County.  Search Engine Optimization by Omnipresent SEO

Capital One Agrees to $75M TCPA Class Action Settlement

Capital One Financial Corp. and three other collection agencies named in a consolidated Telephone Consumer Protection Act (TCPA) class action lawsuit last week agreed to pay a $75.5 million settlement after facing allegations that these companies utilized automated dialing telephone equipment to contact consumers’ cellphones without their consent.

This Capital One class action settlement is said to be largest case ever settled under the TCPA.

According to the preliminary approval given by U.S. District Judge James F. Holderman, Capital One, Leading Edge Recovery Solutions LLC, Capital Management Services LP, and Alliance One Receivables Management Inc. will collectively pay $75.5 million to a class action settlement fund for eligible Class Members. Additionally, these companies will have to change their business practices of cold-calling customer’s cellphones.

According to the Capital One TCPA lawsuit, the Class includes:

“All persons within the United States who received a non-emergency telephone call from Capital One’s dialer(s) to a cellular telephone through the use of an automatic telephone dialing system or an artificial or prerecorded voice in connection with an attempt to collect on a credit card debt from January 18, 2008, through  June 30, 2014, and all persons within the United States who received  a non-emergency telephone call from a Participating Vendor’s dialer(s) made on behalf of Capital One to a cellular telephone through the use of an automatic telephone dialing system or an artificial or prerecorded voice in connection with an attempt to collect on a credit card debt from February 28, 2009, through June 30, 2014.”
 
The settlement statement for the TCPA class action lawsuit states that Capital One will pay the majority of the settlement, about $73 million. Leading Edge will contribute close to $1 million, Alliance One will pay about $1.4 million, and CMS will pay more than $24,000. None of the named companies have admitted to any wrongdoing in the in this TCPA class action lawsuit.

The Capital One TCPA Class Action Lawsuit is In Re: Capital One Telephone Consumer Protection Act Litigation, Case No. 1:12-cv-10064, in the U.S. District Court for the Northern District of Illinois.

What Is The Telephone Consumer Protection Act (TCPA)?

The Telephone Consumer Protection Act was passed into law in 1991 by Congress with the intent to limit the ways in which companies could contact or solicit customers. Specifically, the TCPA restricted telephone soliciting and telemarketing made on automated telephone equipment with prerecorded or robotic voices. The TCPA also limits how and when any company can utilize an automated dialing system to leave computerized voice messages or text messages on the home phones or cellphones of clients, patients, and other consumers.

Additionally, the TCPA mandates that companies and solicitors to honor the National Do Not Call Registry, which all consumers are free to enroll in at any time.

Capital One is not the only company facing TCPA class action claims for allegedly violating consumers rights guaranteed under the TCPA. Hundreds of TCPA civil and class action lawsuits have been filed in the United States in just the past year by various consumers.

Jury Service in the Superior Courts of Los Angeles County

You may receive in the mail a Juror Affidavit from the court, stating that you have been randomly selected as a prospective juror. This means that your name was drawn, from a list of licensed drivers and identification card holders supplied by the Department of Motor Vehicles, or from the current list of registered voters in the county. Mailing lists, telephone directories, and utility company lists are not used to obtain names of potential jurors. You should carefully follow the instructions provided on your notice.

All names are drawn at random from the combined lists, which provide the court with a fair cross-section of the communities that it represents.

The California Code of Civil Procedure spells out the minimum requirements for a person competent to act as a juror. A qualified juror must be able to read and understand English, be a citizen of the United States, age 18 or older, and reside in Los Angeles County. You may not be a trial juror if you are serving as a Grand Juror in a court of this state, if you have been convicted of a malfeasance in office or any felony, unless your civil rights have been restored by a pardon, or if you are under a court-appointed conservatorship.

No eligible person is exempt from jury service by reason of occupation, race, color, religion, sex, national origin, or economic status, or any other reason, including loss of sight or loss of hearing. 

In California, employers cannot discharge you or discriminate against you for taking time off to serve as required by law on an inquest jury or trial jury. But this only applies if you give your employer reasonable notice, before you take the time off, that you are required to serve.

You may request to be excused, if serving would create an extreme financial burden, if you have a physical or mental incapacity, if service would jeopardize protection of public health or safety, if you have a personal obligation to provide actual care for dependents, or if you have served as a trial or Grand Juror during the past 12 months, if you believe there is a medical reason why you should not serve as a juror, you will need to submit a written statement from your doctor.

If you fail to complete and return your Juror Affidavit, you may be deemed qualified and summoned for jury service.