David P. Mitchell

Bar / Professional Activity

• Supreme Court of Florida
• United States Court of Appeals, Third Circuit
• United States Court of Appeals, Fifth Circuit
• United States Court of Appeals, Eighth Circuit
• United States Court of Appeals, Eleventh Circuit
• U.S. District Court, Northern District of Florida
• U.S. District Court, Middle District of Florida
• U.S. District Court, Southern District of Florida
• National Association of Consumer Advocates ("NACA") Member

Verdicts / Settlements (Case Results)

• 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: $250,000 Confidential settlement was achieved during litigation in a claim against a mortgage lender for placing hundreds of harassing 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 mother, and imposing charges for force-placed hazard and flood insurance policies that were unreasonably inflated  and associated with a kickback scheme, in violation of the Telephone Consumer Protection Act of 1991 ("TCPA"), the Florida Consumer Collection Practices Act ("FCCPA"), and the Racketeer Influenced and Corrupt Organizations Act ("RICO")., 2019
• Jury verdict obtained in favor of healthcare provider in case alleging that provider's claims for healthcare services rendered were unlawfully discounted by managed care administrators, middlemen and insurance payers, in violation of contract and applicable state law. *Currently on appeal. , 2018
• Confidential Settlement: $140,000 Confidential settlemement was achieved during litigation in a case against a mortgage servicer for placing hundreds of harassing 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 father, in violation of the Telephone Consumer Protection Act of 1991 ("TCPA") and the Florida Consumer Collection Practices Act ("FCCPA"), 2018
• Confidential Settlement: $750,000 Confidential settlement was achieved during litigation in a claim against a mortgage servicer for placing thousands of autodialed debt collection "robocalls" to the plaintiffs’ cellular telephone number after the plaintiff instructed the caller to stop calling, and for failing to provide loss mitigation assistance, in violation of the Telephone Consumer Protection Act of 1991 ("TCPA") and the Real Estate Settlement Procedures Act ("RESPA"), 2017
• $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: $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  
• 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
• $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
• $177,000 judgment was obtained in lawsuit against a telemarketer involving numerous "robocalls" placed to the plaintiff's cellular telephone number, without the legally required consent of the plaintiff, and finding that the defendant "willfully or knowingly" violated the Telephone Consumer Protection Act of 1991 ("TCPA")., 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
• 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
• $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
• 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: $100,000 Confidential settlement was achieved during litigation in a claim against a mortgage servicer for placing hundreds of autodialed debt collection "robocalls" to the plaintiffs’ cellular telephone numbers after receiving 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, as well as furnishing adverse information to the credit bureaus after being notified that the information was inaccurate, in violation of the Telephone Consumer Protection Act of 1991 ("TCPA"), the Florida Consumer Collection Practices Act ("FCCPA") and the Fair Credit Reporting Act ("FCRA")., 2017
• 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
• $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

Videos

• "Man dealing with relentless robocalls fights back", 2016
• "Woman hopes $327K win warns collectors"
• "Tampa couple awarded $1M in bank robocall case"
• "Man sues loan service he says continues to robocall him", 2017
• "Woman: Bank kept calling about dead mother's mortgage"

Honors

• Voted by peers as the #1 Consumer Protection attorney (eight consecutive years, 2016-2024), the #1 Healthcare Litigation attorney (2017-2019), and the #1 Insurance Litigation attorney (2017-2018) in Tampa Magazine’s TopLawyers® list.
• Selected for inclusion and profiled as a Super Lawyers® Rising Star in 2016, 2017, 2018 and 2019.
• Selected to The National Trial Lawyers: Top 40 Under 40 for the state of Florida (2017-2019).
• Selected to The National Trial Lawyers: Top 100 for the state of Florida (2021).

Educational Background

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

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.

• National Association Of Consumer Advocates