5 years Ago, MarcWites
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 Law Firm explains that unless the recipient of the call provides consent, such a call is unlawful, no matter what the purpose of the call. In other words, the mere fact that an automated dialer, or pre-recorded or artificial voice, is used to call your cell phone, such call violates the Act regardless of the purpose of the call. The only exception under the TCPA is for emergency calls, which typically include 911 calls, or the emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency.
The TCPA provides for damages of $500 per phone call. And, if the recipient can prove the caller willfully or knowingly violated the TCPA, a court may increase the damages up to $1,500 per call.
Mr. Wites is one of Mr. Horenburger’s attorneys. According to Wites, “Mr. Horenburger is receiving phone calls that are intended for other people. Although he informed both Bank of America and Synchrony Bank of their errors, they keep calling and Mr. Horenburger is very frustrated.”
Marc A. Wites
Wites Law Firm
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Marc: Congratulations on the School Board settlement! Glad you were about to get a good result for your clients. Having been your adversary early on in the case, I can say it was a long battle and the great result was due to your persistence and creative approach to the litigation. Well done!Josh Eggnatz
Attorneys often convey a sterile attitude toward clients that is often void of sincerity and compassion, and may even be condescending. Marc Wites has not lost his humanity!! Mr. Wites is an attorney that continues to stay abreast of the law, which results in excellent results for his clients. Marc Wites is my “go to” attorney when I am looking for A-rated service and quality representation. I consider Marc as not only my attorney but a friend as well.David
An impressive chamber of knowledgeable attorneys/staff that stand ready to work tirelessly on behalf of their clients. Marc Wites is the quintessential Perry Mason advocate–erudite, prepared, and brilliant. He is ready to take on any legal challenge. Above all, he is understanding of the working class. Surely, he’s not just in it for the money; he genuinely wants to help people. Overall outstanding law firm.Raymond Brown
Mr. Wites accepted my case when other lawyers would not. He never promised what he couldn’t deliver. He was realistic, upfront and honest. He actually returns phone calls. And he is willing to explain the legal process and to take time to answer questions. I would definitely contact Mr. Wites if I ever needed a lawyer again.Karla