FCRA Discovery eCourse Part 1

Mastering discovery challenges is the most important skill attorneys need to get the evidence to succeed at trial and settlement negotiations. Knowing what to ask for and when is one hurdle. Getting those documents is not always easy and may involve negotiations and protective orders. Understanding the documents and testimony you receive is another challenge. Finally, combing through the evidence to create your case narrative is yet another skill you need to gain to make the whole process worthwhile.

The FCRA Discovery eCourse will help you with all these challenges and more! Please note that the majority of the content in this eCourse is new and is not available for purchase in any other product. This eCourse is self-paced and access never expires.

The FCRA Discovery eCourse Part 1 contains videos on the following discovery challenges:
• Understanding Tools in Your Toolbox
• Using Discovery to Tell Your Client’s Story
• Creating an Early Discovery Plan
• Informal Discovery: Good, Bad, and the Ugly
• Initial Written Disclosures
• Protective Orders and Confidentiality

Registrants that complete the course will be eligible to receive seven CLEs.

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What You Will Learn
• What resources can you use to improve your discovery and get the case moving
• How to address the elements of your claim
• How to tell the client’s story with the documents
• How reach your evidentiary burden
• What initial discovery you need for your factual story
• What documents and evidence you can collect without protective orders
• What information you will be sharing in the initial discovery stage
• How to tell story through disclosures
• How to serve disclosures based on location
• How to utilize when client information is the subject of the documents (protect clients)
• How to use protective orders and confidentiality to move the case along

What the Course Includes:
• Original, recorded, video conversations among top practitioners from across the country
• Microlearning videos with tips and best practices
• Sample documents
• Checklists for Equifax, Experian, TransUnion, ACVDs, and Furnishers

Click here to purchase a discounted package of both the FCRA Discovery eCourse and FCRA Case Valuation eCourse ($100 off)

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Speakers
Understanding Tools in Your Toolbox

Casey S. Nash has represented consumers for her entire 10-year legal career. She has litigated a variety of issues, including credit reporting errors, inaccurate background reports, illegal debt collection, mortgage servicing errors and payday loans in more than 450 federal cases. While she practices mostly in Virginia and Washington, D.C., Casey has a national practice and has represented consumers in Maryland, California, Florida, Pennsylvania, New York, Georgia, North Carolina and Tennessee. She litigates both individual and class action cases, and her exceptional performance in many complex consumer lawsuits has earned her numerous “Rising Star” and “Super Lawyer” recognitions from Super Lawyers in both Virginia and Washington, D.C. She contributed to the 10th edition of NCLC’s Consumer Class Action Treatise, and she serves on the Legal Aid Justice Center’s Advisory Committee.

Jed Nolan has devoted his career to protecting West Virginia consumers from predatory lenders and unfair debt collectors. He worked in non-profit organizations focused on protecting the vulnerable at Legal Aid of West Virginia and Mountain State Justice. Jed also worked at a private firm where he advocated consumer rights against aggressive debt collectors and unfair credit reporting practices.
Robert S. Sola is the founding member of Robert S. Sola, P.C., a consumer law firm based in Portland, OR. He has been handling FCRA cases since 1996. He represents consumers across the country and has litigated FCRA cases in twenty-five states as co-counsel with many NACA members. Mr. Sola has obtained large jury verdicts against all three major credit reporting agencies. In 2002, he was lead counsel in Thomas v. Trans Union, where the jury awarded the consumer $5.3 million. In 2007, he was co-counsel in Williams v. Equifax, which resulted in a judgment of $3.4 million. Mr. Sola was named Trial Lawyer of the Year in 2003 by NACA.

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Using Discovery to Tell Your Client’s Story

SaraEllen Hutchison is a consumer rights trial lawyer and a NACA member since 2011. She stands up for the rights of individuals who are victims of false credit reporting or otherwise have significant emotional and economic injuries, resulting in significant relief to her clients and the clients of her colleagues and collaborators. SaraEllen’s unique approach to litigation and trial brings the emotional stories of her clients to life. Her most notable cases include Sedric Ward v. Shelby County, Western District of Tennessee Case No. 2:20-cv-2407-JPM-cgc and Brandt v. Columbia Credit Servs.,Western District of Washington Case No. 2:17-cv-703-RSM. SaraEllen is licensed in Washington State and Alaska. She is a December 2004 graduate of Georgia State University College of Law. Law Office of SaraEllen Hutchison, PLLC is her solo firm based in Tacoma, Washington. When SaraEllen is not practicing law, she is singing and songwriting with her band, Plaid Lion, and at local jazz jams. You can find her at lifecoachlawsuit.com and saraellenhutchison.com.

Tony Love founded Love Consumer Law (LCL) to provide Georgia consumers with the legal protection and representation they are entitled to and deserve. He has over 28 years of litigation experience in state and federal courts throughout the United States. He represented one of the country’s largest consumer reporting agencies in several thousand Fair Credit Reporting Act (FCRA) cases over twenty years. He was a member of the trial practice groups of several major law firms, including over fourteen years with King & Spalding. Tony has represented clients in FCRA and personal injury jury trials through verdict. In addition to his decades-long experience in the credit reporting field, Tony has also handled personal injury cases for both plaintiffs and defendants and served as in-house counsel for a mortgage servicing company. Tony received his undergraduate degree from the University of Georgia and his law degree from Georgia State College of Law.

Ronald Wilcox has been a consumer protection attorney since 1995, with an office in San Jose. Ron is a graduate of Gerry Spence’s Trial Lawyers College and has tried consumer protection cases in federal and state court, as well as JAMS and AAA. He is a member of the CAOC, CAALA, and NACBA. He has presented webinars and spoken at national conferences on consumer law and arbitration. He was awarded Santa Clara University’s Community Law Center’s Community Service Award. Ron is the author of “Conducting Individual Arbitrations” in NCLC’s Consumer Arbitration Agreements.

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Creating an Early Discovery Plan

Barry S. Balmuth was lead counsel for the plaintiffs in cases that resulted in the largest recovery in an inverse condemnation action in Florida ($42 million after a successful liability trial) and the third-largest individual verdict under the FCRA ($3.55 million). He is board certified by the Florida Bar in both civil trial law and business litigation. He obtained JD and MBA degrees from Emory University in 1990. He focuses his practice on property rights, consumer rights, and other civil litigation.

Anthony Chester was born just outside of Washington D.C., moved around a bit as a kid, and then spent most of his early life in Michigan. Anthony went to college at Michigan State University and received two bachelor’s degrees: one in political theory and constitutional democracy, and the other in philosophy. After college, Anthony attended Michigan State University College of Law and graduated with his J.D. in 2013. Anthony moved to Minnesota in 2014 and began practicing consumer law in 2015 when he opened a Minneapolis branch of a firm based out of California. In October 2022, Anthony opened his own firm, Chester Law.

Adam Thoresen is a division chief, Consumer Advocacy and Litigation at Jacksonville Area Legal Aid. He graduated from Florida Coastal School of Law in 2008. Consumer cases are very often document intensive and, likewise, defense counsel are, more often than not, more receptive to damages provable through written communications such as adverse action notices, housing denials, denials of credit, and the like. This makes written discovery crucial to nearly any consumer case to both prove your claims and successfully try or settle a case. He has experience with written discovery in individual and class cases under the FDCPA (and FCCPA), FCRA, TILA, UDAP claims, title loans, foreclosures, evictions, auto cases, credit card and debt collection cases. He is most proud of, in recent memory, favorably settling an FCRA case for a cancer survivor and Section 8 Voucher holder for an illegitimate housing debt. Currently, he is finalizing two separate class actions related to security deposit “theft” and code violations for a large Florida multi-family property owner. Of course, he is also proud of being awarded the NCLC Rising Star award, which he humbly accepted but knows so many more deserving consumer advocates.

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Informal Discovery: Good, Bad, and the Ugly

Robert S. Sola is the founding member of Robert S. Sola, P.C., a consumer law firm based in Portland, OR. He has been handling FCRA cases since 1996. He represents consumers across the country and has litigated FCRA cases in twenty-five states as co-counsel with many NACA members. Mr. Sola has obtained large jury verdicts against all three major credit reporting agencies. In 2002, he was lead counsel in Thomas v. Trans Union, where the jury awarded the consumer $5.3 million. In 2007, he was co-counsel in Williams v. Equifax, which resulted in a judgment of $3.4 million. Mr. Sola was named Trial Lawyer of the Year in 2003 by NACA.

Subhan Tariq regularly handles complex commercial litigation, with particular experience in consumer finance litigation in individual and class action cases in the areas of federal and state consumer protection laws. Subhan has successfully helped thousands of consumers exercise their consumer rights against large institutional banks, debt collectors, and consumer reporting agencies. Subhan also consults with other lawyers and law firms on blockchain automation, working towards a streamlined efficient network of client files, document automation, and cost-effective workflows.

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Initial Written Disclosures

Justin M. Baxter is with Baxter & Baxter, LLP, in Portland, OR. Justin’s practice focuses on consumer litigation with an emphasis on credit reporting and unlawful debt collection cases. In 2007, he obtained a verdict against Equifax for violations of the FCRA. In 2013, he obtained a verdict against Equifax for $18.5 million for violations of the FCRA. In 2016, he obtained a $190,000 verdict against JP Morgan Chase Bank for violations of the FCRA.

Getting her start in the trenches as a legal aid attorney, Erika Heath has years of experience in seeking justice for employees and consumers against unfair practices. She has fought off debt collectors, obtained justice for wrongfully terminated employees, and untangled thorny credit reporting issues. She has a J.D. from Northeastern University.

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Protective Orders and Confidentiality

Craig Rothburd practices law in Tampa, FL, where he devotes a considerable amount of his complex civil litigation practice to consumer law and litigation, with a special focus on class action litigation, including insurance, mortgage loan servicing, truth in lending, deceptive practices, and consumer statutory violations. He is AV Martindale-Hubbell rated and recently received the Judge Don Castor Justice Award (2019), and the Consumer Protection Lawyer of the Year award by the Florida Bar (2017). Craig graduated from the University of Florida Levin College of Law with honors and received his Bachelor of Science from the University of Florida.

Stephanie Tatar has been a consumer advocate since graduating cum laude from DePaul University, College of Law. Prior to founding The Tatar Law Firm, Ms. Tatar gained extensive litigation and appellate experience with firms in Chicago and Los Angeles. During her career, she has successfully fought debt collectors, credit reporting agencies, creditors, manufacturers, and car dealers.

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MicroLearning Videos

Named a “Leader in the Law” by Virginia Lawyers Weekly in 2014, Kristi Kelly has successfully litigated hundreds of individual cases and class actions as a credit attorney. She assists consumers with credit reporting and employment background check mistakes, mortgage servicing errors and abusive debt collection practices – unafraid to take on banks, brokers, debt collectors, credit card companies and scammers alike.

Alexis Lehmann was an attorney at Francis Mailman Soumilas, P.C., who represented individual consumers’ rights under the FCRA and the FDCPA. Alexis is also an active member on the Executive Board for the Justice Rising Advocates. Prior to joining the firm, Alexis worked as a civil litigator for local and state law enforcement officers handling cases under Title VII, The Americans With Disabilities Act, The Age Discrimination in Employment Act, and the First Amendment Free Speech and Petition clause.

Matt Loker is the founder of Loker Law, APC and Professor of Contracts at the San Luis Obispo College of Law. Originally from Ohio, Matt moved to California after meeting his wife—a California native—while studying abroad in Alicante, Spain. These days Matt enjoys exploring the Central Coast along with his two daughters, Charley and Hazel.

Robert S. Sola is the founding member of Robert S. Sola, P.C., a consumer law firm based in Portland, OR. He has been handling FCRA cases since 1996. He represents consumers across the country and has litigated FCRA cases in twenty-five states as co-counsel with many NACA members. Mr. Sola has obtained large jury verdicts against all three major credit reporting agencies. In 2002, he was lead counsel in Thomas v. Trans Union, where the jury awarded the consumer $5.3 million. In 2007, he was co-counsel in Williams v. Equifax, which resulted in a judgment of $3.4 million. Mr. Sola was named Trial Lawyer of the Year in 2003 by NACA.