Conducting Negotiations and Settlement
With mortgage loans being the “gold standard” for actual damages in FCRA cases, a consumer’s claims are greatly enhanced by mining all resellers’ liabilities for your consumer clients. Paul Mengedoth will discuss the overlay of additional liabilities involving claims against a “reseller” under the FCRA, common reseller defenses asserted in an FCRA case and practical pre- and post-litigation tips unique to reseller cases.
The Fair Debt Collection Practices Act (FDCPA) is one of the most consumer-friendly statutes out there. And, with about one in seven consumers in the U.S. currently subject to collection by third party debt collectors, the potential harvest of FDCPA claims is plentiful. Learn the basics of the FDCPA so that you can spot potential claims and help consumers.
Part 3 will cover the overlap of FCRA and the additional complexity of Chapter 13 bankruptcy. Mr. Krumbein will be discussing slightly more of the process of Chapter 13 and then go into the substantive law including the Bk D. Wisc. Case on correct credit reporting while in bankruptcy, and the VERY bad cases on credit reporting as a discharge violation- Helmes (Bk EDVA) and Mahoney (BK, WDTX). He will also briefly discuss the good case- Torres (Bk, SDNY). This is more about technical accuracy and less about the litigation and law.
The webinar will discuss the practice skills necessary for the effective representation of consumers in arbitration. With the pervasiveness of arbitration provisions in consumer transactions, advocates need to become familiar with the practice and procedures of the arbitration forum. The speaker will review the potential benefits and significant limitations of consumer arbitration claims.
The law on individual and class action mootness is changing rapidly. New Supreme Court and Ninth Circuit cases undermine established precedent on the effect of offers of settlement and give you new arguments to avoid dismissal for mootness. This webinar will review these developments. Among the topics covered:
Scott R. Kaufman has been licensed by the CA Bar since November of 1997, representing individuals in their disputes with businesses since 2003. He’s worked on well over 1,000 cases and achieved a positive outcome for the client in virtually all of them. Mr. Kaufman is a former member of the Southern California advanced litigation chapter of the “Inn of Court.” Pursuant to that membership he’s organized and taught multiple California certified Mandatory Continuing Legal Education classes.
The sharp and outright fraudulent business practices of many auto dealerships are well known and are the subject of much consumer litigation. And, as vehicle financing has grown, particularly for sub-prime auto loans, questions of finance company or “holder” liability have become central to auto fraud litigation.
This webinar will cover the following topics that always come up in an auto fraud practice:
Why You Should Attend
- How to Evaluate a case – Pre-Sale or Post-Sale Equity in the property? Economics in a foreclosure? Client’s goals?
- Enjoining a non-judicial sale vs. Bankruptcy Stay. Bonding problems
- Raising DefensesLawsuit or BK Adversary Action? Loan Modifications (Wigod and Carvello) “Dual Tracking” problems
- Settlement Tax Implications of Debt Forgiveness Mods, Forbearance, Short sales
- Vacating a completed sale BFP problems Jr. liens. Void vs. Voidable