UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA COURT FILE NO.

: 07-CV-2200 (DWF/RLE)

Matthew Bankey, Plaintiff, v. Phillips and Bums LLC, Defendant.

AFFIDAVIT OF WILLIAM H. CROWDER

William H. Crowder, first being duly sworn and upon oath, deposes and says as follows:

1. I am an attorney licensed in the State of Minnesota and am admitted to

practice in Minnesota state and federal courts, and the Eighth Circuit Court of Appeals.

2. I am a member of the Partners Council for the National Association of

Consumer Advocates Association for Justice. 3. Since 1972 to the present, I have practiced, not exclusively, in the area of state and federal consumer rights. For the past 17 years I have limited my practice to consumer class actions. Teske PLLP. Presently I am a partner in Crowder (NACA), and am a member of the American

EXHIBIT
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4.

I have been Jead, co-lead, or litigation counsel in the reported decisions in

TYiegand, et al. v. Walser Automotive Groupt et al. (Minn. 2004) (Consumer

protection action reversing trial and Minnesota Court of Appeals' finding of no cause of action for consumer fraud); Miller et al.
v.

Colortyme Inc., 518

N.W.2d (Minn. 1994) (Amicus brief on behalf of the National Consumer

Law Center, Inc.); and Hawkins, et al. v. Thorp Credit and Thrift Company, 441 N.W.2d 470 (Minn. 1989). Other class cases that have settled in which I have been lead counsel or litigation counsel include: Jones
v.

Chase

Manhattan Mortgage Corp., Ct. File No. 04-016160 (Hennepin County,

June 27, 2007) (Holahan, J.)(Breach of contract - prepayment penalty);

Roberson
v.

Associates Financial Services

Co. of Kansas,

Case No. 00-CV -

211760-01 (Jackson County, Kansas City, Missouri) (Breach of contract overcharge of interest on loans); Ballard
v.

Central States Health & Life Co.

of Omaha,

File No. 98-008856, (Hennepin County Dist. Ct., Minn.) (Breach

of contract - failure to refund unearned credit insurance premium); Givens v.

Associates Industrial Loan Company, File No. 98-4899 (Hennepin County

Dist. Ct., Minn.) (Overcharge of interest in loans); Anderson

v.

Scandinavian

U.S. Swim & Fitness, Inc., File No. 97-011093 (Hennepin County Dist. Ct.,

Minn.) (Usury); Jordan v. Western Diversified Insurance

Co.,

(File No. 96-

16337, Hennepin County Dist. Ct., Minn.) (Failure to refund credit i nsurance

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premiums); Sousa

v.

North Central Lfe Insurance Co., (File No. 96-5061,

Ramsey County Dist. Ct., Minn.) (Refund of pre-paid insurance p remiums); Boulay
v.

HealthPartners, Inc., (File No. 95-014715, Hennep in County Dist.

Ct., Minn.) (Overcharging of health insurance p remiums); Nick v. Lomas Mortgage, USA Inc., (File No. 95-1235(PJW ) , United States District Court for t he District of Delaware) (Force Placing and Overcharging of Mortgage Insurance Premiums); Erickson v. Midland Mortgage Co. (File No 4-94-CV 474, D. Minn.) (Mortgage Escrow Violations); Clark et al. v. J.C. System, Inc., (File No: 4-94-0071, D. Minn.) (Fair Debt Collection Practices Act violations); Ulbrich v. General Electric Capital Corp. (File No. 94-15585, Hennepin County Dist Ct; Minn,) (consumer fraud violations); Winden
v.

Associates Industrial Loan Co., et al. . (File No. Ct-94 ... 7486, Hennepin County Dist. Ct., Minn.) (consumer fraud and usury violations); Stanford
v.

United Mortgage Corporation, (File No. CS-93-3286 Ramsey County Dist. Ct., Minn.) (Mortgage escrow consumer fraud and Bankruptcy violations); Burleson v.1ndependence One Mortgage Corporation, (File No-93-003278 Ran1Sey County Dist Ct., Minn.) (Mortgage escrow violations and consumer fraud); Elliott et al. v. ITT, et al. , (File No. 90-C-1841 N.D. Ill.) (insurance packing and RICO); Herndon, et al. v. ITT, et al., (File No. C-C-90-0314-P W.D.N.C.) (consumer finance and RICO); Meinhardt v. Unisys, Gohlike
v.

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Unisys,

and SOS

v.

Unisys (In re: Unisys Stein, et al.

v.

Plan

Litigation
al., (File

File

No.

91-3067,

E . D . Penn.(ERISA);

Marshall, et

No.

CV89-66 Ph
v.

C I M consolidated) (Securities fraud);

Sundance Express, Inc.

American

Airlines, et
Master

al.,(3-90-688 D. Minn . )

(Domestic Air Transportation Litigation

861)
(Antitrust price fixing);

File

1 :90-cv-2485-MHS,MDL
v.

Svenningsen, et al.

Piper7 Jaff ray & Hopwood, et Tripp,

al., (File No. 3-85-921

v.

D. Minn.)(Securities fraud and RICO); and

et al.

Aetna,

et

al.,

(File

No.

90-0008JC

D.N.M.) (Small loan act and RICO).

5. I have successfully petitioned the courts in the above class actions for
attorney fees. Presently my hourly fee is $475.

6. I have cond uc ted an informal survey to determine the ranges of attorney fe es

charged in the Metro Area. There is a wide range for such fees varying by

years experience, partnership, size of the firm, and type of law practiced. LHigation attorneys command a higher hourly rate across the board.

7. I ha v e known Thomas J. Lyons, Sr. for approximately 15 years.

8. I am familiar with Mr. Lyons, Sr. 's skills and abilities as a lawyer. 9. I ha v e observed and frequently associated with other consumer attorneys in
the Metro Area.

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1 O.Based upon my experience, research into the current rates for consumer
attorneys in the Metro Area and observations, Thomas J. Lyons, Sr. is an experienced and capable trial lawyer whose services are worth $400.00 per hour for his professional time and efforts on behalf of consumer plaintiffs in individual FDCPA cases.

FURTHER YOUR AFFIANT SAYETH NOT

//7 J f_ /
William H. Crowder Crowder Teske PLLP

555 West

ih Street, Suite 201

St. Paul, MN 55102

651-225-8330
Subscribed and sworn to before me this

day of January, 2008.

A{QLX:...,,=
Notary Public
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