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Karl S. Gwaltney

Raleigh Wage and Hour/Consumer Protection Attorney

 

Civil Litigation Attorney Karl Gwaltney

A native of New Bern, Karl S. Gwaltney attended the University of North Carolina School of Law. Prior to law school, Karl graduated with honors from Appalachian State University, receiving a Bachelor of Science in Business Administration with a minor in Human Resources.  Utilizing his extensive working experience and undergraduate studies in employment issues, Karl now represents individual employees in recovering unpaid wages and penalties in state and federal wage and hour claims as well as other employment issues, including Fair Labor Standards Act and North Carolina Wage and Hour Act compliance. He also practices extensively in consumer protection and unfair debt collection matters, including claims arising under the North Carolina Debt Collection Act, North Carolina Collection Agency Act, Federal Fair Debt Collection Act, Telephone Consumer Protection Act, and the Fair Credit Reporting Act.

Karl practices in state and federal courts in North Carolina, in arbitrations, and before state and federal administrative agencies, including the Department of Labor. Karl gains the most satisfaction in the time he spends building relationships and solving the problems of his clients, through litigation or alternate methods. While in law school, Karl was one of two students in his class to complete over 450 hours of pro bono service. He continues his commitment to public service by volunteering at, among others, the Wake County Food Bank, as a Guardian ad Litem, and through the Legal Aid of North Carolina’s Pro Bono program.

When not practicing law, Karl can generally be found in the woods or lounging on a beach with his wife, Angela, daughter, Claire, and dog, Max. Karl and his family love sailing, hiking and camping, travelling, fishing, listening to live music, and are active members of Journey Community Church.

PRACTICE AREAS:

  • Wage and Hour Litigation
  • Violations of Fair Labor Standards Act & North Carolina Wage and Hour Act
  • Unpaid Minimum Wages and Overtime
  • Unpaid Vacation Pay, Bonuses, and Commissions
  • Consumer Protection and Unfair Debt Collection, including violations of the Fair Debt Collection Practices Act;, Fair Credit Reporting Act, North Carolina Collection Agency Act, and North Carolina Debt Collection Act
  • Violations of the Telephone Consumer Protection Act
  • Personal Injury and Wrongful Death

REPRESENTATIVE MATTERS:

  • $150,000 litigation TCPA settlement on behalf of North Carolina consumer with unpaid debt obligation.
  • $110,000 mediated settlement on behalf of a North Carolina resident for violations of the Telephone Consumer Protection Act and unfair attempts to collect owed consumer credit card debt.
  • $100,000 litigation settlement for a North Carolina employee for owed sales commissions.
  • $70,000 litigation settlement on behalf of a cosigner for student loan debt after receiving harassing telephone calls from a robo-dialer in violation of the Telephone Consumer Protection Act and North Carolina Debt Collection Act.
  • Confidential six-figure settlement on behalf of a group of mortgage loan officers for unpaid overtime wages.
  • Approximately $80,000 litigated settlement for harassing robo-calls arising from owed credit card accounts.
  • Reached a $72,000.00 resolution in arbitration against an automobile finance company that unlawfully attempted to collect debt from a customer, including failing to account for a monthly payment.
  • After significant litigation, including six depositions, obtained a $65,000.00 settlement on behalf of an employee who was not paid vacation pay after he was lawfully terminated.
  • After significant litigation, including extensive discovery, recovered $45,000.00 on behalf of a tenant of an apartment complex who had attorneys’ fees and court costs unlawfully assessed on their account following an eviction action.
  • Obtained a $45,000.00 mediated settlement amount for violations of the North Carolina Unfair Debt Collection Act arising from unlawful attempts by a servicing agency to collect lease payments on a vehicle.
  • $45,000 mediated settlement on behalf of a tenant of a North Carolina apartment complex charging unlawful amounts for court costs and attorneys’ fees after filing an eviction lawsuit
  • After 2 years of litigation, obtained a $50,041.10 judgment following a disputed Motion for Summary Judgment on behalf of a local business owner for damages resulting from a denied breach of contract.
  • Reached a $19,000.00 settlement arising under the North Carolina Unfair Debt Collection Act in connection with a client’s tenancy in a local apartment complex.
  • Settled a claim for $25,000.00 for a local business owner related to a lease provision violation comprising lost revenue and consequential damages.
  • Despite denied insurance coverage, mediated settlement of $22,500.00 for a mother and young daughter for exposure to stachybotrys mold in their leased home.
  • Reached an $18,000.00 mediated settlement agreement for unpaid sales commissions.
  • Reached a $9,500.00 settlement for unpaid tips and wages for an employee of a local restaurant.
  • Obtained a judgment for $460,823.61 in a failed multi-level marketing venture.
  • Negotiated a settlement for a construction worker injured on a job whose hiring employer failed to acquire workers’ compensation insurance.
  • Participated in drafting an appellate brief and preparing for oral arguments before the North Carolina Supreme Court in a felony death by motor vehicle case.
  • Successfully defended multiple clients prosecuted for domestic violence pursuant to North Carolina’s 50B statute.
  • Organized a North Carolina Advocates for Justice, Continuing Legal Education Seminar entitled: “Practicing Family Law in the Triangle: What you need to know NOW.” (2014)

EDUCATION:

  • J.D., University of North Carolina School of Law
  • B.S., cum laude, Appalachian State University

ADMITTED TO PRACTICE:

  • North Carolina State Courts
  • United States District Court for the Eastern District of North Carolina
  • United States District Court for the Middle District of North Carolina
  • United States District Court for the Western District of North Carolina

PROFESSIONAL AND COMMUNITY AFFILIATIONS:

  • North Carolina State Bar
  • North Carolina Advocates for Justice, Employment Law Section
  • North Carolina Bar Association
  • American Bar Association
  • Tenth Judicial District Bar Association
  • North Carolina Guardian ad Litem Program
  • Susie L. Sharp Inn of Court

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