Combating Common Defense Themes

Turning Debt Defense Cases into a Consumer Practice

As advocates representing consumer collection defendants, we have all heard about how to use the FDCPA to turn the tables on debt buyers. But do you know how to turn the tables on other types of collection plaintiffs using other weapons in the consumer arsenal? An auto loan deficiency case, for example, can present a variety of potentially lucrative counterclaims for a consumer defendant. 

Basics of UCC Provisions

Speaker

John Roddy's practice is devoted to representing consumers in class actions challenging unfair and deceptive business practices, and serving as relators' counsel in qui tam "whistleblower" actions. For his successful representation of consumers victimized by predatory business practices, John has been recognized as a Massachusetts Super Lawyer. For the past fourteen years he has co-chaired the Practising Law Institute's Annual Institute on Consumer Financial Services Litigation, held in New York and Chicago.

Saving your Case from the “Magic Bullet” of Judicial Estoppel

Judicial Estoppel is being raised more and more frequently as a defense against FDCPA and other consumer rights claims, as well as in personal injury cases where a plaintiff did not list such action in a bankruptcy filing. In addition to covering the latest case developments that help protect against this defense and rectify errors, this webinar will highlights practical tips such as convincing bankruptcy trustees who are the owners of your client’s causes of action to retain you to continue to pursue the lawsuit.

Litigating Identity Theft Cases under the FCRA and State Law Claims

Identity theft cases under the FCRA go well beyond the reporting and disputing process. Lawyers must dig into the actual theft and strategically conduct discovery to obtain all the good, the bad, and the ugly facts to prepare for trial. This webinar will discuss what discovery tools were used in the Kim v. BMWFS trial won by Robert Brennan and Stephanie Tatar.  They will also discuss what discovery was purposely NOT conducted in order to obtain the best result at trial.

Development and Anticipated Impact of Recent FCC TCPA Rules

The Telephone Consumer Protection Act (TCPA) is a growing area of consumer law. In 2014, nine key rulings against Capital One, Jiffy Lube, Bank of America, Sallie Mae, and others settled for more than $200 million dollars for claims such as autodialing wireless phones, using prerecorded voice messages without consent, and sending unsolicited text messages. Understanding the anticipated impact of the June 2015 FCC TCPA Rules and recent case law is essential for filing TCPA lawsuits.

Alleging Affirmative Consumer Claims in Housing Cases

To maintain a successful practice, consumer lawyers need to be able to identify local trends and be prepared to respond to the incredibly high volume of lawsuits being filed against consumers in state courts across the country. Consumer attorneys often overlook affirmative claims that can be raised when a consumer is sued in housing court or in foreclosure, in both judicial and non-judicial foreclosure states.

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