James, Hoyer, Newcomer & Smiljanich, P.A. (James Hoyer) is a Tampa, Florida-based law firm that prosecutes consumer class action lawsuits and whistleblower (qui tam) cases.[1] The firm was founded in 1992 by former federal prosecutors and retired FBI agents.[2] Since its founding, James Hoyer has helped return more than $3 billion to consumers and taxpayers who were victims of fraud.[3] An October 2000 story in the St. Petersburg Times called James Hoyer one of Tampa’s most successful law firms.[4]
Members of the James Hoyer firm operate the Consumer Warning Network.[5]
In 1994, MetLife agreed to pay $42.75 million in refunds to 18,000 customers after James Hoyer, along with co-counsel, brought suit against the company for using misleading tactics to sell life insurance as a retirement or savings plan.[6] MetLife also agreed to pay a $20-million fine to insurance regulators across the country in relation to the lawsuit.[6] The 18,000 MetLife customers received an average of about $2,200 in refunds and interest, for a total payout by Met Life of $39,600,000. The attorney's fees paid by Met Life for the multi-year litigation, approved by the Court, was $2.75 million, according to the New York Times article.[6] Met Life also agreed to change the fraudulent practices it had been accused of.
In 2000, James Hoyer helped negotiate a $206 million class action settlement with insurer American General Corp., on behalf of thousands of African American customers who were systematically overcharged due to their race for small “burial” policies.[7]
In 2005, James Hoyer helped secure $52 million in new funding for Florida's elderly in nursing homes.[8] The firm fully funded all the costs of the litigation and donated all of the legal time.[8] James Hoyer received the Chair's Honor Award from the Elder Law Section of the Florida Bar for the firm's efforts.[8]
In 2006, Allstate Insurance Co. agreed to change the way it uses credit reports in setting auto and homeowners insurance policies as part of a nationwide settlement.[9] James Hoyer and two other firms negotiated the settlement after suing Allstate for discriminating against African Americans and Hispanics by charging higher premiums based on the minorities' credit scores.[9] The lawyers for James Hoyer took home $11.7 million for fees and expenses, approved by the Court for the several years of work performed by several law firms. The six named plaintiffs were given $5,000 each, over and above their class benefits, as a result of the work they performed in providing deposition testimony and other services to the class. Several million class members were given rebates of about $50 each, while other class members received more.[10]
In 2008, James Hoyer was recognized by the Florida Bar for securing a $295,000 cy pres award for The Florida Bar Foundation.[11] The Florida Bar Foundation is the only statewide organization in Florida that provides funding for Legal Aid and promotes improvements in addressing the civil legal needs of the poor.[12]
In 2008, a judge in a James Hoyer class action case against Wells Fargo described the case as a "virtually worthless settlement of a meritless case." Class members received two trimerge credit reports and FICO scores, information about privacy violations and the Fair Credit Reporting Act. The James Hoyer attorneys were awarded $326,000 in fees and $33,000 in expenses. [13][14] The law firm appealed the judge's ruling, and contends that the court deviated from established law and evidenced a disregard for the importance of privacy laws. The appeal is pending.
In June 2010, The Wall Street Journal reported on the Hoyer firm's use of social media to connect with students of Westwood College, a for-profit school which the firm is pursuing litigation. The Journal also reported that Westwood College had filed a suit against James Hoyer, alleging defamation through "new media Internet weapons".[15]