Providing Hope For
Penny Hays Cauley
- Fair Credit Reporting Act and Identity Theft 80%
- Fair Debt Collection Practices Act 10%
- South Carolina Consumer Protection Claims 10%
Penny Hays Cauley obtained her J.D. from Cumberland School of Law in Birmingham, Alabama in May 1994 and was admitted to practice law in Alabama in October 1994. After clerking for The Honorable William Robertson, Presiding Judge of the Alabama Court of Civil Appeals, Penny entered private practice with a firm in Birmingham, Alabama.
In March 2006, the firm of Hays Cauley, P.C. was opened in Tuscaloosa, Alabama. In February 2007, Penny and her husband moved to Darlington, South Carolina where her husband serves as Senior Pastor of an EPC Church. While continuing to represent her clients in Alabama, Penny also became licensed to practice law in South Carolina in November, 2007.
For 25 years it has been Penny's privilege to help consumers who have been the victim of identity theft, had fraudulent accounts opened in their name and then reported as bad debts on their credit reports, whose credit file was mixed with a third party, who were reported as deceased, and those who have had inaccurate information and/or judgments appearing on their credit. Additionally, Penny has helped hundreds of consumers who were harassed by debt collectors and/or sued on a debt. Her goal is to provide hope and encouragement to individuals that their particular fact situation can be corrected regardless of how hopeless it may initially appear.
In addition to practicing law, Penny is very active in her church where she teaches Sunday School and sings in the praise band. In her free time, Penny enjoys spending time with her family.
Continuing Legal Education Seminars Taught
- How to Lose Your Credit in 10 days, South Carolina Bar Convention, 2023
- Setting Up Your FCRA Case for Success, National Association Consumer Advocate, 2021
- Future of Consumer Litigation, South Carolina Bar Convention, 2018
- Damages Allowed in FCRA Cases, National Association Consumer Advocates, 2017
- Turning the Tables-Claims Against Debt Collectors, South Carolina Consumer Law Section, 2014
- Fair Debt Collection Practices Training Conference, National Association of Consumer Advocates, 2014
- Putting Together a Fair Credit Reporting Act Punitive Damages Case against a Debt Buyer, National Consumer Law Center, 11/08/2013
- Turning the Tables-Claims Against Debt Collectors, South Carolina Bar-Consumer Law Section, 08/16/2013
- Client Interview and Fact Gathering , National Association of Consumer Advocates, 05/20/2013
- Live Webinar: Preparing for and Trying an FCRA Furnisher Case, National Association of Consumer Advocates, 05/02/2013
- Identity Theft Issues in Family Court, South Carolina Bar - Family Court Seminar, 12/09/2010
- Collections Law, Alabama State Bar, 04/18/2008
- FCRA and FDCPA, Shelby County, Alabama Bar Association, 08/03/2005
- South Carolina Bar, 2007 to Present
- Alabama Bar, 1994 to Present
- National Association of Consumer Advocates, Member, 2002 to Present
- South Carolina Consumer Law Section, Member/Council Member, 2014 to Present
- South Carolina Solo Small Firm Section, Member, 2020 to Present
- South Carolina, 2007
- Alabama, 1994
- Brim v. Midland Credit Mgmt., 795 F.Supp. 1255 (N.D. Ala. 2011) (Jury verdict for Plaintiff in the amount of $100,000 in compensatory damages and $623,180 in punitive damages).
- Hutchison v. Lenders Portal Direct, LLC, 2018 U.S. Dist. LEXIS 110639 (D.S.C., July 3, 2018) (Attorney fees awarded to Plaintiffs' counsel).
- Hutchison v. Lenders Portal Direct, LLC, 2018 U.S. Dist. LEXIS 40616 (D.S.C., Mar. 12, 2018) (Judgment entered against Defendant in the amount of $61,455 for violations of SCUTPA)
- Hay v. Barclays Bank Del., 2020 U.S. Dist. LEXIS 254997, 2020 WL 9718810 (D.S.C., Jul. 6, 2020).
- Ben. Fin. 1, Inc. v. Windham, 431 S.C. 256, 847 S.E.2d 793, 2020 S.C. App. LEXIS 120, 2020 WL 5595436 (S.C. Ct. App. 2020). (Summary judgment entered in favor of Windham finding that Beneficial Financial had willfully violated the South Carolina Unfair Trade Practices Act was affirmed).
- Green v. Momentum Motor Grp., LLC, 2018 U.S. Dist. LEXIS 122, 2018 WL 259091 (D.S.C., Jan. 2, 2018).
- Robert v. Auto Pro's Sales of Rock Hill Inc., 2018 U.S. Dist. LEXIS 208396, 2018 WL 6498891 (D.S.C., Dec. 10, 2018).
- Evans v. Saul, 2020 U.S. Dist. LEXIS 46215, 2020 WL 1249678 (D.S.C., Feb. 28, 2020).
- Boyd v. Berryhill, 2018 U.S. Dist. LEXIS 181634, 2018 WL 5266420 (D.S.C., Oct. 23, 2018).
- Nuneville v. Berryhill, 2017 U.S. Dist. LEXIS 168939 (D.S.C., Sep. 27, 2017).
- Wilson v. Capital One Bank United States, N.A., 2017 U.S. Dist. LEXIS 226527 (D.S.C., Sep. 6, 2017).
- Cohen v. Sun Trust Mortg., Inc., 2017 U.S. Dist. LEXIS 47678, 2017 WL 1173581 (D.S.C., Mar. 30, 2017).
- Mangum v. First Reliance Bank & Dovenmuehle Mortg., Inc., 2017 U.S. Dist. LEXIS 40103, 2017 WL 1062534 (D.S.C., Mar. 21, 2017).
- Valentine v. Brock & Scott, PLLC, 2010 U.S. Dist. LEXIS 40532, 2010 WL 1727681 (D.S.C., Apr. 26, 2010).
- Moore v. Dynamic Recovery Servs. Inc., 2014 U.S. Dist. LEXIS 15855 (N.D. Ala., Jan. 16, 2014) (Judgment entered in favor of Plaintiff for $30,000; attorneys' fees of $13,035 awarded).
- Isgett v. Northstar Location Servs., LLC, 2015 U.S. Dist. LEXIS 89252, 2015 WL 4072094 (D.S.C., July 2, 2015).
- Williams v. Bank of Am., N.A., 2015 U.S. Dist. LEXIS 79607 (D.S.C., Jun. 18, 2015).
- Clifton v. Nationstar Mortgage, LLC, 2015 U.S. Dist. LEXIS 46254 (D.S.C., Apr. 6, 2015).
- Ashley v. Rushmore Loan Mgmt. Servs., LLC, 2017 U.S. Dist. LEXIS 43987 (D.S.C., Mar. 27, 2017).
- Whitman v. Legal Helpers Debt Resolution, LLC, 2012 U.S. Dist. LEXIS 176480 (D.S.C., Dec. 13, 2012).
- Bryant v. Springleaf Fin. Servs., 2015 U.S. Dist. LEXIS 35533 (D.S.C., Mar. 23, 2015).
- Bryant v. Springleaf Fin. Servs., 2015 U.S. Dist. LEXIS 197000 (D.S.C., Feb. 22, 2015).
- Smith v. Boyd Bros. Transp., 2006 U.S. Dist. LEXIS 5309 (M.D. Ala., Jan. 25, 2006) As Amended January 25, 2006
- Woltersdorf v. Pentagon Fed. Credit Union, 320 F. Supp. 2d 1222; 2004 U.S. Dist. LEXIS 4215 (N.D. Ala. Mar. 12, 2004)
- Rothenberger v. Cast Prods., 1998 Ala. Civ. App. LEXIS 103 (January 23, 1998)
- Cumberland School of Law, Samford University, Birmingham, Alabama
- J.D. - 1994
- Honors: cum laude
- Samford University , Birmingham, Alabama
- B.S. - 1990
- Honors: cum laude
- Honors: Dean's List
- Alabama Court of Civil Appeals, Clerk, 1994 to 1995
- Alabama Injury Layers, Attorney, 1995 to 2006