'Agents of chaos:' How a Texas law firm undermined Louisiana's hurricane recovery
May 7—LAKE CHARLES — For
When he caught his bearings after numerous surgeries, Semmes realized the deadline to sue his insurer to recover what they had spent was fast approaching.
"That's when I turned to MMA," the 37-year-old father of two said, referring to the
Semmes was among thousands of clients MMA signed up in
"Thanks to out-of-state opportunists like
Many clients didn't even know they were being represented by the firm. Others, like Semmes, heard nothing from MMA after signing a retainer and have since had their cases transferred to other lawyers because the firm has been suspended from practice.
"I never talked to a lawyer," Semmes said of his dealings with MMA.
The
Subsequent hearings in
'May not even know they sued'
One way MMA obtained clients was through a marketing company, Velawcity. Contracts between the two companies show that the firm paid at least
In a series of hearings, homeowners reiterated a common chorus: They had never heard of the firm and didn't intend to hire it. Instead, MMA allegedly used generic disaster claim websites and a call center operated by Velawcity to sign up and communicate with clients.
Meanwhile, many clients were simply checking if they had a claim and didn't realize they were triggering legal action, according to a former staffer who fielded calls from confused clients.
According to that staffer, who asked to remain anonymous out of fear for their reputation, the firm's
Many, the staffer said, only found out that they were being represented when their insurer refused to speak with them over it.
A recent hearing put this on full display. After discovering a series of cases where there seemed to be no insurance policy,
"They may not even know that they sued," Kay said. Similar hearings have been scheduled in courthouses from
'Someone to put a roof on my house'
The case of a
"I just needed someone to put a roof on my house," said
But by signing the contract, Franatovich agreed to assign the rights to her claim against the insurer — at least those related to roof repairs — to the roofer, according to court documents.
Apex then engaged MMA, which sent out a demand letter. This practice, an attorney for the roofing company said, was meant to ensure the repairs would be paid for.
In hundreds of cases acquired in this way, MMA told insurance firms it was acting "on behalf of" homeowners instead, despite never having talked to many of their purported clients, court testimony and documents showed.
Much as when people had unknowingly signed up through Velawcity, some homeowners would find out they had a lawyer when their insurers refused to talk to them. Others would receive checks from their insurance companies made out to a law firm they'd never heard of.
Butler said the firm no longer uses assignment of benefits clauses in
MMA's dealings with both Velawcity and Apex Roofing are now the subjects of class-action lawsuits in
A lawyer familiar with the investigation says the FBI has contacted him to provide documents related to it. The FBI said it cannot "confirm or deny the existence of an investigation."
Louisiana Insurance Commissioner
MMA has not responded to repeated requests for comment. In court, its lawyers have said they were simply trying to ensure storm victims received their fair share.
Velawcity did not respond to a request for comment.
'Blood in the water'
The fallout from the scandal, plaintiff's attorneys worry, might lead to legislation that would undo some of the protections enjoyed by
"It's like blood in the water," said
Koby previously worked for Disaster Solutions, a company with close relationships to MMA, and produced a video that showed Huye bragging that the firm "broke" the Western District court's system with its tsunami of filings.
His concerns aren't unfounded.
"They create claims that wouldn't have been disputed," Monson said. "Now the bill is coming due for all of us."
Monson has long advocated for changes to
And it's happening.
A bill that would ban assignment of benefits clauses recently passed the state's
It "really was designed to make sure we never see a repeat of this and that we keep companies like MMA and Apex Roofing out of
Firment said he is aware of the risks of tinkering with homeowners' rights. "In no way do we want to interfere with the policyholder's right to seek legal recourse or to hire an ethical attorney," he said. "This is strictly aimed at the bad players."
'The clock is ticking'
In the meantime, the state's judicial system has to grapple with the challenge of informing thousands of former MMA clients that they need to find new lawyers.
In the state's federal courts alone, there are 2,204 pending cases that list
That hasn't kept MMA from practicing law in the state, however, according to
During a recent court hearing, Marks described an incident in which a legal courier arrived at a client's house to deliver documents that would allow MMA to execute a settlement and take its fees.
"No attorney had ever explained the settlement to him," Marks said. "But that was McClenny Moseley's entire business model." His firm is now asking the
In the
"I haven't heard anything," said
In the
"We know who has filed lawsuits. The big problem is: Who are the clients who have not filed lawsuits yet?" said attorney
Until a policyholder's suit is filed, their information won't be available to the court, making it difficult to track down how many people need new representation.
"Everybody recognizes the problem, everybody recognizes the clock is ticking," Lobrano said.
The potential scope of the issue is enormous. MMA Founding Partner
"This is totally unprecedented," Lobrano said. "This has never happened before on this scale."
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