David P. Mitchell

David P. Mitchell

Attorney Profile

Top Rated Consumer Law Attorney in Tampa, FL

Maney | Gordon Trial Lawyers
 | 101 East Kennedy Boulevard, Suite 3170
Tampa, FL 33602
Phone: 8134542819
Selected to Rising Stars: 2016 - 2017
Licensed Since: 2009
Practice Areas:
  • Consumer Law (70%),
  • Health Care (30%)
Attorney Profile

David Mitchell is an experienced litigator who has prosecuted consumer protection cases in 12 states and 17 federal jurisdictions. Mr. Mitchell has twice been selected as a SuperLawyers® Rising Star. Mr. Mitchell has also been named the #1 Consumer Protection Lawyer by his peers in consecutive years for 2016 and 2017 in Tampa Magazine's TopLawyers list. Mr. Mitchell concentrates his practice as a Trial Lawyer in the areas of Consumer Protection Law and general tort litigation, representing individuals who have been harassed, abused or harmed by unlawful debt collection practices and telemarketing practices, as well as healthcare providers and patients who have been harmed by unlawful conduct on the part of health insurers and plan administrators.

Mr. Mitchell has obtained substantial jury verdicts on behalf of consumers who have been harmed by these unlawful practices, and has helped consumers across the nation hold debt collectors, subprime auto lenders, payday & title loan companies, credit card companies, mortgage companies, major banks, telemarketers, health insurance payers and health insurance plan administrators accountable for their conduct. His clients include debtors and non-debtors who have been the victims of abusive debt collection and telemarketing practices, as well as healthcare providers and patients who have been the victims of unlawful insurance write downs and claim denials. He litigates on behalf of consumers in state and federal courts in Florida and in multiple jurisdictions throughout the United States. Mr. Mitchell’s practice is focused on representing consumers against companies that put profit over people. Mr. Mitchell frequently appears on television news outlets providing opinions and legal commentary on national consumer issues.

BACKGROUND & EDUCATION

Mr. Mitchell attended the University of Florida, where he majored in Finance and received his Bachelor of Science in Business Administration. After graduating from the University of Florida, David then achieved his Doctor of Jurisprudence from Stetson University College of Law, and his Masters of Business Administration from Stetson University. During law school, David founded the Stetson University College of Law chapter of the Florida Defense Lawyers Association, and was recognized as one of the nation’s top law students in the area of legal writing, ranking among the top six in a prominent nationwide legal writing contest for his scholarly article on the subject of international trends in punitive damages awards, which was selected for publication in a national legal journal.

After graduating from Stetson, David began his legal career, and developed his trial skills, under the tutelage of his father, Board Certified Civil Trial Lawyer Daniel P. Mitchell, with whom David gained extensive experience as a Trial Lawyer. Before concentrating his practice in the area of consumer protection, David honed his skills in personal injury litigation, construction and real estate litigation, appellate practice, and insurance coverage litigation.

COURT ADMISSIONS

-Supreme Court of Florida

-U.S. District Court, Middle District of Florida

-U.S. District Court, Northern District of Florida

-U.S. District Court, Southern District of Florida

HONORS AND AWARDS

- Voted by his peers as the #1 Consumer Protection Attorney in Tampa Magazine’s TopLawyers® 2016 and 2017, which ranks the best lawyers in 87 practice areas based on attorney peer endorsements.

- Selected for inclusion and profiled as a SuperLawyers® Rising Star in 2016 and 2017.

Other noteworthy achievement: In 1998 David achieved the rank of Eagle Scout, the highest achievement or rank attainable in the Boy Scouting program of the Boy Scouts of America (BSA). The designation "Eagle Scout" has a long history since its founding over one hundred years ago. Only a small percentage of Boy Scouts are granted this rank after a lengthy review process. The requirements necessary to achieve this rank take years to fulfill. Since the inception of the Eagle Scout award in 1912, only 2.01 percent of eligible Scouts have earned Scouting’s highest honor.

 

About David Mitchell

Admitted: 2009, Florida

Professional Webpage: http://endtheharassment.com/attorneys/david-mitchell/

Honors and Awards:

  • David Mitchell was voted the #1 Consumer Law attorney in the Tampa Bay area by his peers in the 2016 Top Lawyers List, published in the Tampa Magazine Top Lawyers Edition. The 2016 Top Lawyers List identifies 132 of the Tampa Bay area’s best lawyers covering 87 separate practice areas, which is voted upon and decided by all Tampa Bay area lawyers. The selection of the attorneys comprising the 2016 Top Lawyers List is purely peer-driven. Tampa Magazine mailed close to 11,000 surveys to attorneys in Hillsborough, Pinellas and Pasco counties, using records obtained from the Florida Bar, and requested that the attorneys nominate their peers—who in their judgement are the best—in 87 separate practice areas, and return the surveys in anonymous prepaid return envelopes. The votes from those surveys were then tallied, and the attorneys garnering the most peer endorsements in each respective practice area were selected to comprise the 2016 Top Lawyers List., Voted #1 by Peers in Consumer Law, Tampa Magazine 2016 Top Lawyers List, 2016

Bar/Professional Activity:

  • National Association of Consumer Advocates ("NACA") Member

Verdicts and Settlements:

  • Confidential Settlement: $95,000 Confidential settlement was achieved during litigation in a claim against a mortgage servicer for placing hundreds of autodialed debt collection "robocalls" to the plaintiffs’ home and cellular telephone numbers after receiving multiple written and verbal “cease and desist” requests from the plaintiffs and after being notified that the plaintiffs were represented by an attorney regarding the alleged debt, in violation of the Telephone Consumer Protection Act of 1991 ("TCPA") and the Florida Consumer Collection Practices Act ("FCCPA")., 2017
  • Confidential Settlement: $349,000 Confidential settlement was achieved during litigation in a claim against a mortgage servicer for placing hundreds of autodialed debt collection "robocalls" to the plaintiff's cellular telephone number in an effort to collect a debt owed by a completely unrelated third-party that the plaintiff did not owe, and after the plaintiff had instructed the defendant to stop calling, in violation of the Telephone Consumer Protection Act of 1991 ("TCPA")., 2016
  • $200,000 Judgment obtained against a mortgage servicer, Ocwen Loan Servicing, LLC, for violating the Bankruptcy Discharge Injunction, 11 USC § 524, arising out of servicer's pattern of unlawful conduct in attempting to collect a debt from the plaintiffs that had previously been discharged in Chapter 7 bankruptcy, including placing hundreds of automated debt collection calls to the plaintiff's cellular telephone number, mailing dozens of debt collection letters to the plaintiffs, and continuously reporting the discharged debt as actively delinquent on the plaintiffs' credit reports for a period of several years. , 2016
  • Confidential Settlement: $100,000 Confidential settlement was achieved during litigation in a claim against a third-party debt collector for placing hundreds of autodialed debt collection "robocalls" to the plaintiff's cellular telephone number in an effort to collect a debt the plaintiff did not owe, and after the plaintiff had instructed the original creditor to stop calling, in violation of the Telephone Consumer Protection Act of 1991 ("TCPA") and the Fair Debt Collection Practices Act ("FDCPA")., 2016
  • Confidential Settlement: $70,000 Confidential settlement was achieved during litigation in a claim against a mortgage lender for placing numerous harassing autodialed debt collection "robocalls" to the plaintiff's cellular telephone number and sending the plaintiff dozens of debt collection letters in an effort to collect a debt owed solely by the plaintiff's deceased sister, in violation of the Telephone Consumer Protection Act of 1991 ("TCPA") and the Florida Consumer Collection Practices Act ("FCCPA")., 2016
  • Confidential Settlement: $195,000 Confidential settlement was achieved during litigation in a claim against a mortgage lender for placing hundreds of autodialed debt collection "robocalls" to the plaintiff's cellular telephone number in an effort to collect a debt owed solely by the plaintiff's deceased sister, in violation of the Telephone Consumer Protection Act of 1991 ("TCPA")., 2016
  • $301,000 judgment obtained against debt collection agency for violation of the Telephone Consumer Protection Act ("TCPA") and Fair Debt Collection Practices Act ("FDCPA") arising out of the defendant's relentless efforts to collect a debt that the plaintiff did not owe, and placing over 200 robo collection calls to the planintiff's cellular telephone number despite being instructed that it had the wrong number and to stop calling. , 2016
  • $327,000 judgment entered upon a jury verdict finding that the defendant, Ocwen Loan Servicing, LLC, willfully or knowingly violated the TCPA by placing 218 autodialed calls to the plaintiff's cellular telephone number to collect a debt that had previously been discharged in Chapter 7 bankruptcy., 2015
  • Confidential Settlement: $150,000 Confidential settlement was achieved during litigation in a claim against a student loan company for violating the Telephone Consumer Protection Act ("TCPA") by initiating numerous harassing debt collection robocalls to the plaintiff's cellular telephone after the plaintiff sent a letter disputing the debt and demanding that the harassing calls cease, 2014
  • $1,051,000 judgment obtained against Bank of America for violation of the Telephone Consumer Protection Act ("TCPA") and Florida Consumer Collection Practices Act ("FCCPA"), 2014
  • Confidential Settlement: $800,000 Confidential settlement was achieved during litigation in a lawsuit against a mortgage lender involving claims of common law fraud, and violations of the Florida Consumer Collection Practices Act ("FCCPA"), the Florida Fair Lending Act, and the Florida Construction Lien Law. The lender's conduct resulted in significant diminution in value to the borrower's residential property and caused the borrower to sustain severe emotional distress
  • Confidential Settlement: $350,000 Confidential settlement was achieved during litigation in a claim for violation of the Telephone Consumer Protection Act ("TCPA") involving numerous debt collection robocalls placed to the cellular telephone of the wrong party after the caller was informed that it was calling the wrong number  

Other Outstanding Achievements:

  • Achieved the rank of Eagle Scout, the highest achievement or rank attainable in the Boy Scouting program of the Boy Scouts of America (BSA). The designation "Eagle Scout" has a long history since its founding over one hundred years ago. Only a small percentage of Boy Scouts are granted this rank after a lengthy review process. The requirements necessary to achieve this rank take years to fulfill. Since the inception of the Eagle Scout award in 1912, only 2.01 percent of eligible Scouts have earned Scouting’s highest honor.

Educational Background:

  • University of Florida, BSBA Finance. Stetson University College of Law, JD Stetson University, MBA.

Industry Groups

  • National Association Of Consumer Advocates
  • Office Location for David P. Mitchell

    101 East Kennedy Boulevard
    Suite 3170
    Tampa, FL 33602

     

    David P. Mitchell:

    Last Updated: 1/20/2017

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