Beth Terrell

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Beth Terrell is a member of Terrell Marshall Law Group, PLLC (“TMLG”). Concentrating her practice in complex litigation, including the prosecution of class actions on behalf of consumers and employees, Ms. Terrell routinely serves as co-lead counsel on multi-state and nationwide class actions. She also represents individual employees including those who have suffered from race, gender, age, marital status, and disability discrimination. She frequently works with executives negotiating compensation plans, employment contracts, and severance agreements with Fortune 500 companies. Ms. Terrell has successfully tried cases in both state and federal court. In addition to her litigation and trial work, she also counsels small and medium sized companies facing personnel and human resource issues and has represented both employees and employers in restrictive covenant litigation. Prior to founding TMLG, Ms. Terrell was a member of Tousley Brain Stephens PLLC, where she practiced litigation for twelve years. She is a frequent speaker at legal conferences on a wide variety of topics, including consumer class actions, employment litigation, and electronic discovery. Ms. Terrell has been often recognized as a “Super Lawyer,” was named one of the “Top 50 Washington Women Super Lawyers” of 2012 and 2013, and has been awarded an “AV” rating in Martindale Hubbell by her peers, a rating denoting the highest legal ability and ethical standards.

Sample Achievements

Consumer Class Actions

Breazeale, et al. v. Victim Services, Inc.—Filed in 2014 on behalf of California consumers who received false, misleading, and deceptive debt collection letters printed on the letter head of county prosecuting attorneys. The case is pending in the United States District Court for the Northern District of California.

Thornell, et al. v. Seattle Service Bureau, Inc., et al.—Filed in 2014 on behalf of Washington consumers who received false, misleading, and deceptive debt collection letters related to unresolved automobile insurance claims. The case is pending in the United States District Court for the Western District of Washington.

Dibb, et al. v. AllianceOne Receivables Management, Inc.—Filed in 2014, TMLG represents three certified classes of Washington consumers who received unfair and deceptive debt collection notices that included threats of criminal prosecution. The case is pending in the United States District Court for the Western District of Washington.

Cavnar, et al. v. BounceBack, Inc.—Filed in 2014 on behalf of Washington consumers who received false, misleading, and deceptive debt collection letters printed on the letter head of county prosecuting attorneys. TMLG worked to negotiate a class-wide settlement, and preliminary approval is pending.

Jordan v. Nationstar Mortgage, LLC—TMLG represents a certified class of homeowners who were improperly locked out of their homes by their mortgage lender. After a plaintiff class was certified by a Washington trial court, the action was removed to Federal District Court in 2014.

Defective Product Class Actions

Kitec Consolidated Cases – Co-counsel in $125 million nationwide settlement on behalf of homeowners with defective hydronic heating and plumbing systems.

Milligan, et al. v. Toyota Motor Sales, Inc. – Co-lead counsel representing owners of 2001 – 2003 Toyota RAV4s containing defective Electronic Computer Modules (“ECM”) which cause harsh shifting conditions and permanent damage to the transmissions. Negotiated nationwide settlement valued in excess of $30 million.

Cooper, et al. v. American Honda Motor Co., Inc. – Co-lead counsel representing owners of 2006–2010 Honda Civics containing defective sun visors. Negotiated nationwide settlement valued in excess of $10 million.

Soto v. American Honda Motor Corporation—Filed in 2012 on behalf of owners and lessees of 2008-2010 Honda Accords that consume motor oil at a much higher rate than intended, due to a systemic design defect. The case settled on a class-wide basis and final approval was granted in March 2014.

Telephone Consumer Protection Class Actions

Lushe, et al. v. Verengo, Inc.—Filed on behalf of consumers who received automated, prerecorded solicitation telephone calls on their cellular telephones without their prior express consent within the meaning of the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. The case settled on a class-wide basis in 2015, and final approval is pending.

Rinky Dink, et al. v. Electronic Merchant Systems, Inc.—Filed on behalf of consumers who received automated, prerecorded solicitation telephone calls on their cellular telephones and Washington landlines without their prior express consent within the meaning of the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., the Washington Automatic Dialing and Announcing Device statute, RCW 80.36.400, and the Washington Consumer Protection Act, RCW 19.86 et seq. The case settled on a class-wide basis in 2015, and final approval is pending.

Rinky Dink, et al. v. World Business Lenders, LLC—Filed on behalf of consumers who received automated, prerecorded solicitation telephone calls on their cellular telephones and Washington landlines without their prior express consent within the meaning of the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., the Washington Automatic Dialing and Announcing Device statute, RCW 80.36.400, and the Washington Consumer Protection Act, RCW 19.86 et seq. The case settled on a class-wide basis in 2015, and final approval is pending.

Arthur v. Sallie Mae, Inc.—Filed on behalf of consumers who received automated, pre-recorded collection phone calls on their cellular telephones without their prior express consent within the meaning of the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. TMLG worked to negotiate a $24.15 million nationwide settlement, and final approval was granted in 2012.

In re Capital One Telephone Consumer Protection Act Litigation—Filed on behalf of consumers who received automated, prerecorded collection telephone calls on their cellular telephone without their prior express consent within the meaning of the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. I served as court-appointed Interim Co-Lead Counsel; final approval of the $75,455,098.74 settlement was granted in February 2015.

Wilkins, et al. v. HSBC Bank Nevada, N.A., et al.—Filed on behalf of individuals who alleged that HSBC made prerecorded calls using an automatic dialing system. The case settled for $39,975,000 in 2014 on a class-wide basis, and final approval was granted in March 2015.

Booth, et al. v. AppStack, et al.—TMLG represents a certified class of consumers who received automated, prerecorded solicitation telephone calls on their cellular telephones without their prior express consent within the meaning of the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. The case is pending in the United States District Court for the Western District of Washington.

Rose, et al. v. Bank of America Corp., et al.—Filed on behalf of consumers who received automated, prerecorded collection telephone calls on their cellular telephone without their prior express consent within the meaning of the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. TMLG worked to negotiate a nationwide settlement of $32,083,905, which was recently granted final approval.

In re Monitronics International, Inc. Telephone Consumer Protection Act Litigation—Filed on behalf consumers who received automated, pre-recorded solicitation telephone calls on their residential and business telephones without their prior express consent within the meaning of the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., the Washington Automatic Dialing and Announcing Device statute, RCW 80.36.400, and the Washington Consumer Protection Act, RCW 19.86 et seq. I serve as co-lead counsel in the MDL.

Gehrich v. Chase Bank USA—Filed on behalf of consumers who received automated, prerecorded collection telephone calls on their cellular telephones without their prior express consent within the meaning of the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. TMLG worked to negotiate a $34,000,000 nationwide settlement. Final Approval was granted in March 2016.

Hanley v. Fifth Third Bank—Filed on behalf of consumers who received automated, pre-recorded collection phone calls on their cellular telephones without their prior express consent within the meaning of the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. TMLG negotiated a $4.5 million settlement, which was granted final approval in December 2013.

Steinfeld v. Discover Financial Services, et al.— Filed on behalf of consumers who received automated, prerecorded collection telephone calls on their cellular telephones without their prior express consent within the meaning of the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. TMLG negotiated an $8.7 million settlement, which was granted final approval in March 2014.

Chesbro v. Best Buy— Filed on behalf of consumers who received automated, prerecorded solicitation telephone calls on their residential telephones without their prior express consent within the meaning of the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. TMLG negotiated a $4.5 million settlement, which was granted final approval in September 2014.

Employment Cases

Olson v. Fred Meyer Stores – Obtained a $200,000 jury verdict for a part-time employee whose termination violated the disability protections of the Washington Law Against Discrimination.

Discrimination Case Against Fortune 500 Company – Negotiated favorable settlement for African-American manager who had been terminated after 26 years based on false allegations of sexual harassment.

Personal Injury Cases

Perkins v. American Medical Response Ambulance Service, Inc. – Obtained a $400,000 jury verdict for a bus passenger who was seriously injured when an AMR ambulance cut off her bus, causing it to swerve off Interstate 5 and into a ditch.

S.B. v. Nusbaum – Negotiated an $800,000 settlement on behalf of a sexually abused minor.

Environmental Protection Class Actions

Community Association for Restoration of the Environment, Inc., et al. v. Cow Palace, LLC, et al.—Served as co-counsel in this case filed in 2013 on behalf of environmental non-profit corporations alleging violations of the Solid Waste Disposal Act by dairy facilities in Washington’s Yakima Valley. Under 2015 consent decrees signed by the court, the dairies agreed to make significant operational improvements to reduce the contamination of the land and water. The dairies are now subject to more stringent monitoring and also provide clean drinking water to area residents.

Wage and Hour Collective Class Actions

Romatka, et al. v. Brinker International Payroll Company, L.P., et al.—Filed in 2013 on behalf of approximated 900 workers who alleged violations of Washington State wage and hour laws. The case settled on a class-wide basis and approval was granted in March 2015.

Newell v. Home Care of Washington, Inc., et al. —TMLG represented a certified class of more than 400 in-home health care workers who alleged violations of state wage and hour law. The case settled on a class-wide basis, and final approval was granted in January 2015.

Paz v. Sakuma Brothers Farms, Inc.—Filed in 2013 on behalf of nearly 1,000 migrant and seasonal workers who alleged violations of Washington State wage and hours laws. A class wide settlement was approved by the Court in December 2014.

Hill v. Xerox Business Services, LLC, et al., and Douglas v. Xerox Business Services, LLC, et al.—TMLG represents two certified classes of current and former call center workers who allege violations of state and federal wage and hour laws. Both cases were filed in 2012 and are pending in the United States District Court for the Western District of Washington.

Dickerson v. Cable Communications, Inc., et al.—Filed in 2012 on behalf of approximately 500 individuals alleging their employer violated Oregon’s wage and hour laws. Defendants’ systematic scheme of wage and hour violations involved, among other things, failure to pay non-managerial installation technicians for all hours worked, including overtime. The case settled on a class-wide basis, and approval was granted in 2013.

Khadera v. ABM Industries, Inc.—TMLG represented 337 employees who alleged violations of federal and state wage and hour laws. The case settled, and final approval was granted in 2012.

Simpson v. ABM Industries, Inc.—TMLG represented a class of approximately 6,800 employees who alleged Washington State wage and hour violations. The case settled in March 2012, and final approval of the settlement was granted on September 2012.

Barnett, et al. v. Wal-Mart Stores, Inc.—Filed in 2001 on behalf of Washington employees alleging wage and hour violations by the country’s largest private employer. After more than seven years of litigation, TMLG obtained a settlement of $35 million on behalf of a certified class of approximately 88,000 employees. That settlement was approved in July 2009.

McGinnity, et al. v. AutoNation, Inc., et al.—TMLG represented a certified class of more than 500 employees who were denied earned vacation benefits. After nearly two years of litigation before an arbitrator, TMLG obtained an award of $2.34 million on behalf of the class. TMLG successfully defended the award on appeal, and the Washington Supreme Court denied defendants’ petition for review. A judgment in excess of $2,600,000 was satisfied in September 2009.

Ramirez, et al. v. Precision Drywall, Inc.—TMLG represented a certified class of workers who alleged they were not paid for overtime work. The case was tried before a jury during a five-week period in 2010, and TMLG successfully obtained a judgment for the workers in excess of $4,000,000. TMLG continues to work on enforcing the judgment against multiple defendants.

Publications & Press

  • Todd L. Nunn, Douglas D. Walsh, Beth E. Terrell, Washington State Consumer Protection Class Actions, Law Seminars International, 8th Annual Comprehensive Conference on Litigating Class Actions, May 2012
  • Brian L. Bromberg, Mark G. Califano, Julia B. Strickland, Beth E. Terrell, Class Action Developments and Settlements and UDAP Update, Practising Law Institute, Consumer Financial Services Institute (17th Annual), April 2012
  • Kimberlee L. Gunning, Beth E. Terrell, Recent Developments in UDAP Class Actions from the Plaintiff’s Perspective, Practising Law Institute, Consumer Financial Services Institute, April 2012
  • Beth E. Terrell, E-Discovery and Litigation Strategies in Employment Cases: Anticipating, Avoiding and Resolving Issues Relating to Electronically Stored Information, 19th Annual WSBA Employment Law Institute, April 2012
  • Allison Goodman, Beth E. Terrell, and Kimberlee L. Gunning, Impact of New Technologies on Litigation Strategies: Anticipating and Avoiding Issues Relating to Electronically Stored Information, Law Seminars International, The Impact of Changing Technology and IP Law on Employment Law, March 2012
  • William J. Daley, David D. Powell Jr., Beth E. Terrell, Client Management 101, ABA Section of Labor and Employment Law, 5th Annual Labor and Employment Law Conference, November 2011
  • Todd L. Nunn, Beth E. Terrell, Washington State Consumer Protection Class Actions, Law Seminars International, 7th Annual Comprehensive Conference on Litigating Class Actions, May 2011
  • Beth E. Terrell, Consumer Relations from the Plaintiffs’ Perspective: Lessons from Class Actions, Law Seminars International, Advanced Conference on New Developments in Wireless Telecommunications, November 2010
  • Beth E. Terrell, Class Action Perspective and Class Actions and Ethical Considerations, Such as Potential Conflicting Interests, WSBA-CLE Seminar: A Trial Lawyer’s Guide to the Washington Consumer Protection Act, August 2010
  • Beth E. Terrell, Employment Law for the Small Firm: How to Avoid the Minefields and Keep Your Employees Happy, American Association for Justice, Sole Practitioner and Small Firm Section 2010 Annual Convention, July 2010
  • Kathleen M. O’Sullivan, Beth E. Terrell, Special Substantive Law Considerations for Consumer Protection Class Actions, Law Seminars International, 6th Annual Conference on Strategies for Litigating Class Actions, May 2010
  • Beth E. Terrell, The Practical Side of Electronic Discovery, WSBA-CLE Labor and Employment Law Section, 9th Annual Labor and Employment Law Section Meeting and Seminar, November 2009
  • Beth E. Terrell, Litigating Class Actions, Law Seminars International, May 2009
  • Kimberlee L. Gunning, Blythe Chandler, Beth E. Terrell, Covenants Not to Compete and Trade Secret Protection, Employment Law Deskbook (Washington State Association for Justice, 2d ed 2009)
  • Kimberlee L. Gunning, Beth E. Terrell, Preservation and Spoliation of Electronic Information, Washington State Trial Lawyers Association Employment Law CLE, September 2007
  • Beth E. Terrell, A Toolkit for Managing the FMLA, Council on Education in Management, FMLA Update 2006, January 2006

Professional Organizations and Activities

  • Public Justice Foundation
    • Board of Directors
    • Executive Committee
    • Development Committee
    • Case Evaluation Committee
    • Membership Committee
    • Class Action Preservation Committee
  • American Bar Association
    • Member
    • Labor and Employment Law Section Diversity Committee
  • King County Bar Association
    • Member
    • Labor and Employment Law Section
    • Board of Trustees, 2007-2012
    • Section Chair, 2011
    • Chair, Pacific Coast Labor and Employment Law Conference Planning Committee, 2010
  • Washington State Association of Justice
    • Chair, Consumer Protection Section, 2008-09; (current)
    • Eagle Member
  • Washington Employment Lawyers Association
    • Chair (current)
    • Member
  • Northwest Consumer Law Center
    • Member
    • Vice Chair (current)
    • Treasurer (current)
  • King County Washington Women Lawyers
    • President 2008-09
  • Washington Women Lawyers
    • Chapter Representative, 2007-10
  • National Employment Lawyers Association
    • Member
  • American Association of Justice
    • Member
  • National Association of Consumer Advocates
    • Member
  • Public Citizen
    • Member

Professional Recognition

Education

  • University of California, Davis School of Law Order of the Coif J.D.
  • Gonzaga University magna cum laude B.A.

Bar Admissions

California
Washington

Court Admissions

USDC for the East. Dist. of WA
USDC for the West. Dist. of WA
USBC for the West. Dist. of WA
USDC for the East. Dist. of CA
USDC for the Central Dist. of CA
USDC for the North. Dist. of CA
Ninth Circuit Court of Appeals
Tenth Circuit Court of Appeals