Consumer reporting agencies and furnishers often serve “shock and awe” discovery. Proper case evaluation, especially in multi-party litigation, is essential to mapping your discovery plan.You will learn the factors to consider when preparing your discovery strategy and the areas of inquiry for each of the Big 3 CRAs and various creditors.This webinar will cover FCRA case evaluation and discovery, including: interrogatories; request for production of documents; and requests for admission.
Combating Common Defense Themes
Once limited to highly-visible signs and convenient neighborhood locations, payday loans beckoned borrowers with promises of quick cash and no credit checks. With the continued spread of Internet access, the business of payday lending has evolved and into a digital industry. Hiding behind the anonymity the Internet provides, lenders operate predatory practices that challenge enforceability.The uneducated borrower is provided with the ability to secure a much-needed loan; however, far less noticeable are the loan terms that include high-cost fees and triple-digit interest rates.
Fear is setting in, the trial approaching. Things are closing in around you. All of your emotional energy is locked in on the defendant’s trial themes. It is sucking the life out of you and you are afraid. You feel the pressure of the defendant’s trial themes that highlight the weaknesses in your case. It’s time to push the pause button and get creative. This webinar is designed for lawyers who have settlement conferences or trials that require evaluation of the defendant’s case and how you can turn their case into your greatest power.
In this 60 minute webinar, Peter covers background, insights and litigation tips for debt defense cases. Topics include: overview of debt buyer industry; Forward Flow Agreements and bank liability; current regulatory response; debt buyer default judgment business model; client intake; screening for affirmative claims; trial preparation; trial tips; essential settlement terms; and significant case law developments. A few sample pleadings will be provided. A portion of the session will be reserved for live Q and A.
“As is” disclaimers are found in all used car contract. Defeating "as is" disclaimers is not impossible you just need to know how. Expand and improve your practice by learning how to defeat “as is” disclaimers.
What You Will Learn
Attendees will learn about the latest theories and case laws available to consumer advocates who are faced with an "as is" disclaimer in a used car transaction when no other theories of liability are available. The webinar will explore how to combat the following premises:
Many FDCPA claims can be brought as a class action. Rand Bragg will review the elements for class certification of FDCPA cases, defenses to certification asserted by debt collectors, class definition, and other issues surrounding the certification of FDCPA cases, class definition and ascertainability, settlement of FDCPA class actions, and other current issues regarding certification of FDCPA claims.